FALSE ADVERTISING AND TELEMARKETERS

“The telemarketers generally began their calls by congratulating consumers for qualifying for a special expense reduction program or asking whether the consumer was interested in decreasing his or her debts. Telemarketers generally stated that they were affiliated with the consumer’s creditors or lenders, were calling on behalf of the government, or had special relationships with creditors or lenders that enabled them to negotiate debt management deals that were unobtainable by other service providers.”

Read More

Utility and Advertising Overcharges,

Have you been promised one price in an advertisement or solicitation and found that you have been charged significantly more.  Our office is handling claims involving Verizon, cable companies and other entities.   Have you been solicited by a telemarketer for a promising plan, but found something different when you signed. Call (973) 598-1980 for a Free Consultation.

Read More

Made in the U.S.A. Legal Standard

One of the principal sources for standards are FTC rules or guidelines.  Under the FTC standards,  “For a product to be called Made in USA, or claimed to be of domestic origin without qualifications or limits on the claim, the product must be “all or virtually all” made in the U.S. The term “United States,” as referred to in the Enforcement Policy Statement, includes the 50 states, the District of Columbia, and the U.S. territories and possessions. What does “all or virtually all” mean? “All or virtually all” means that all significant…

Read More

Common Types of False Advertising

Misrepresenting, or assisting others in misrepresenting, expressly or by implication, any fact material, including: 1. That a good or service is free, a bonus, a gift, a trial, without cost; 2. That a good or service is available for a minimal processing, service, or administrative fee or without further obligation; 3. That a purchase is “risk free” or offered with a satisfaction guarantee or money-back guarantee; 4. That the seller is accredited or rated favorably by the Better Business Bureau; 5. A seller’s affiliation with, or endorsement or sponsorship by,…

Read More

False Advertising Frequently Asked Auestions

Here are some common questions people ask about false advertising. Is false advertising illegal in the US? Yes.  There are various state and federal laws that punish false advertising.   The New Jersey Consumer Fraud Act.  prohibits, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise.  N.J.S.A.: 56:8-2, http://co.hunterdon.nj.us/pdf/consumeraffairs/consumerfraudact.pdf.  New York has a separate false advertising law as do most states. Can you sue a company for false advertising and if so how? An individual can…

Read More

False of Misleading Advertising

Call (973) 598-1980 for a Free Consultation on Your False Advertising Claim  There are a number of laws that protect consumers from false advertising.  The New Jersey Consumer Fraud Act broadly prohibits fraud and deceptive practices and in appropriate cases, legal fees and added damages can be recovered.  There are specific regulations dealing with automobile advertising.  Additionally, the FTC has rules though they are enforced by the FTC, not private persons.  Their rules are informative and courts may rely upon them for a statement of standards.    For example, many advertisements try to…

Read More