Can You Sue for False Advertising?
Posted on Sunday, March 5th, 2023 at 6:22 pm
Yes. Consumers have legal protections and rights if a falsely advertised product causes an injury or loss of money.
Some companies don’t play by the rules regarding their advertising regardless of state and federal laws. They might mislead consumers with inaccurate claims about their products to boost sales.
False advertising often affects a significant number of people. Class action lawsuits allow injured individuals harmed by the same company to combine their lawsuits into a single case. You should contact an attorney to determine if you qualify.
What is False Advertising?
In Illinois, the Uniform Deceptive Trade Practices Act prohibits practices involving circumstances such as:
- Passing off services or goods as the services or goods of another business
- Using deceptive designations or representations of geographic origin related to the services or goods
- Disparaging another’s company, goods, or services by misleading or falsely representing facts
- Causing a likelihood of misunderstanding or confusion about the sponsorship, certification, source, or approval of goods or services
- Representing the services or goods as having characteristics, sponsorship, quantities, ingredients, benefits, approval, or uses they don’t have or a person as having approval, affiliation, status, sponsorship, or connection that they don’t have
- Advertising the goods or services with the intention of not supplying reasonably expected public demand unless the advertisement discloses quantity limitations
- Causing a likelihood of confusion or misunderstanding of a connection, association, affiliation, or certification by another
- Representing the goods or services as meeting a particular grade, standard, or quality
- Representing secondhand, altered, reclaimed, deteriorated, used, or reconditions goods as new or original
- Advertising goods or services with the intent not to sell them as advertised
- Making misleading or false statements of fact about the existence of, reasons for, or amounts of pride reductions
- Engaging in other conduct that similarly creates a likelihood of confusion or misunderstanding
Common Types of False Advertising
False advertising comes in numerous forms, such as:
- Bait and switch – Bait and switch involve pretending to sell a specific service or product but providing the consumer with an inferior service or product.
- Manipulating key terms – A company might use specific words as descriptors for a product or service without justification. That is a manipulation of key terms.
- False or incomplete comparisons – False or incomplete comparisons refer to deliberately concealing parts of a product that are inferior to another product or claiming a service or product is superior to another without justification.
- Misleading guarantees or warranties – A warranty or guarantee is misleading if a company promises certain quality, but the product doesn’t deliver that quality or offers to repair or replace a product but doesn’t honor the warranty.
- Deceptive visual representation – Showing a product used in a certain manner that isn’t possible is a deceptive visual representation.
Can You Sue for False Advertising?
Yes. You can sue if a company’s false advertising harmed you somehow. The court might grant injunctive relief based on terms it considers reasonable.
If the court determines the defendant willfully participated in deceptive trade practices, it can assess costs, attorneys’ fees, or both against the defendant.
How to Find a False Advertisement Lawyer
Hiring a dependable and effective attorney is challenging. You should not pick a name from a quick internet search or select someone without thorough research. Digging deep into the lawyer’s background, experience, and case results is crucial.
Getting a referral from someone you know is an excellent way of finding a lawyer. Ask your family, friends, coworkers, or others in your inner circle for recommendations. They might have hired an attorney in the past for a similar case.
However, you should not hire someone based on a referral alone. You might not get along with the recommended lawyer. It is critical to meet with them to determine if you feel comfortable around them and believe you will work well together.
You can pick from a pool of lawyers you find online who handle false advertising claims. However, you should meet with each potential candidate before deciding who to hire.
Consider each person’s experience, case results, and testimonials from previous clients. Focus on how they communicate with you during the meeting and whether they answer your questions. You should also ask about their availability and how you could reach them if they were to take your case.
Seek Justice with Help from Wallace Miller
You might unwittingly become a victim of false advertising. A company’s deceptive practices can cause severe injuries or financial burdens. Wallace Miller is ready to represent you and hold the company liable.
Call us at (312) 261-6193 for a free consultation if a business’s false advertising harmed you.