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 file a claim for compensation, or report the misleading advertisement to a state or federal agency. This office handle misleading automobile and other types of advertising.
What agencies are is in charge of enforcing truth in advertising laws?
In New York, that is the Division of Consumer Protection, in New Jersey, the Division of Consumer Affairs. www.dos.ny.gov/consumerprotection
What is the definition of False Advertising
There are several issues with false advertising. First, are the claims misleading. Secondly, are disclaimers and limitations fairly presented. Third, are there specific laws or regulations violated.
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