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,…

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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…

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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…

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