False Advertising Attorneys

False Advertising Attorneys

If you are a consumer and suffered harm because of a company’s false advertising, contact the conspiracy and fraud attorneys of  Wallace Miller immediately to discuss the available legal options. You might be entitled to financial compensation for your losses. We could represent you in a claim against the deceptive business or determine whether you qualify for a class-action lawsuit.

Manufacturers and retailers that knowingly use misleading tactics, make false claims, or misinform consumers engage in deceptive trade practices. Federal and state laws prohibit companies from using false advertising practices that can harm consumers. Unfortunately, some businesses choose to participate in illegal and unfair advertising practices that can adversely affect those who use their products.

At Wallace Miller, we have many years of experience representing clients harmed by the wrongdoing of manufacturing companies and other businesses. We understand the financial burden of purchasing a product or service that doesn’t work as promised. You might have spent a lot of money on something that doesn’t resemble the advertised good or fallen victim to a scam.

Your right is to report consumer fraud, such as false advertising, and pursue legal action against the deceptive company. You can count on the false advertising attorneys of Wallace Miller to be your advocate and pursue the maximum compensation you deserve. We will provide the legal representation and guidance you need during every step of the lawsuit. Our team will fight by your side until the end.

Call Wallace Miller today at (312) 261-6193 for your free consultation and learn more about how we can help.

Common Types of False Advertising

False advertising occurs when a company advertises a service or product in a misleading way that deceives a consumer into buying the service or product and gives them an incorrect understanding of how it works.

False advertising can involve a range of circumstances. The most common types of false advertising include:

  • Misleading labels – Labels on food and other consumer products might not provide the necessary information for consumers to make sound purchasing decisions.
  • Undisclosed costs – Sometimes, contracts and bills contain hidden fees, such as monthly subscription debits and undisclosed bank financing costs, which consumers might not notice at first.
  • Bait and switch scams – A bait and switch scam lures customers in with the promise of a low price for a product or service. However, when it comes time to purchase, the fraudulent company claims the deal ended or the product isn’t available anymore and convinces them to buy a more expensive option.
  • Confusing advertisements – A common deceptive business practice is providing advertisements that disguise the manufacturer, seller, or product.
  • Misrepresentation – When a company misrepresents or omits specific facts, they lie about information or fail to disclose crucial details about a product. For example, a consumer with a food allergy might believe a food item is gluten-free due to a misrepresentation of facts.
  • False statements – Making false statements creates consumer need. Customers might buy a particular service because of deceptive statements about its health benefits or another inaccurate statement.

If you are a victim of any type of false advertising, do not hesitate to contact Wallace Miller. We can review your case and determine whether we can help you pursue legal action against the company.

False Advertising Laws

Various state and federal laws ban all forms of false advertising. The Federal Trade Commission (FTC) Division of Advertising Practices (DAP) enforces “truth in advertising” laws throughout the country. It requires advertisers to be truthful and support their claims about their products or services with objective, reliable evidence.

DAP utilizes various tools that protect consumers from misleading claims by businesses. This can include:

  • Advocating for effective industry self-regulation
  • Bringing law enforcement actions in administrative and federal courts
  • Preparing consumer education materials
  • Issuing warning letters
  • Developing guidance and rules for businesses

The Division also enforces regulations for a range of practices and products to protect the economic interests, health, and safety of consumers. It maintains various enforcement priorities, such as:

  • Enforcing the Consumer Review Fairness Act that prohibits form contracts from limiting or preventing consumers from posting truthful reviews about the conduct, goods, or services of a seller
  • Monitoring deceptive advertisements for addiction-related services, including enforcing the Opioid Addiction Recovery Fraud Prevention Act
  • Leading efforts the FTC makes to stop unfair or deceptive marketing of tobacco products, including e-cigarettes, reviewing and approving ads and labels for tobacco companies, and monitoring and reporting on the marketing practices of tobacco companies
  • Combating deceptive or unfair advertising for health services and products, including scams that capitalize on crises affecting public health, such as the Covid-19 pandemic
  • Monitoring and reporting on the self-regulation of the alcohol industry and pursuing law enforcement actions when necessary
  • Developing and monitoring effective enforcement strategies for fake online reviews, social media influencers, native advertising, and other emerging issues
  • Pursuing deceptive acts by national advertisers, including online ticket sellers, broadband providers, and online travel sites

DAP coordinates and addresses different consumer protection initiatives with international, federal, and state law enforcement agencies and self-regulatory groups in various industries. These initiatives include:

  • Participating in the Interagency Coordinating Committee to Prevent Underage Drinking, the Federal Working Group on Dietary Supplements, and other working groups
  • Combating fraudulent health services and products and coordinating tobacco products oversight by working with the Food and Drug Administration
  • Reviewing referrals from consumer groups, third parties, and self-regulatory organizations to promote truthful national advertising
  • Convening workshops with consumer groups, businesses, community-based organizations, and other government agencies
  • Combating cross-border marketing of potentially harmful and fraudulent health products by working with consumer protection agencies in other countries

Federal laws aren’t the only protection for consumers. States can also enforce and regulate laws regarding unfair and illegal advertising practices.

Deceptive and False Advertising Exceptions

The laws that govern deceptive and false advertising come with some exceptions. They don’t apply to specific individuals and entities, including:

  • Operators or owners of radio stations, television stations, and advertising media
  • Newspapers, magazines, or publication publishers

These entities could avoid accepting liability if they place advertisements to the public in good faith without knowing that the person advertising the service or product doesn’t intend to sell them to the public.

Participating in a Class Action Lawsuit for False Advertising

Instead of seeking legal action yourself, you might be able to join a class-action lawsuit against the fraudulent company. Class actions can benefit claimants in multiple ways. It’s typically more cost-effective than pursuing an individual lawsuit because everyone involved in the case shares a portion of the legal fees. Additionally, it simplifies the process by allowing a group to work together on similar aspects of the lawsuit.

To join a class-action lawsuit, you must have suffered some type of harm by the same defendant as everyone else. One or several plaintiffs are the representatives of the entire class. These people represent the interests of everyone involved in the case. They must also have the same or similar injuries as the other plaintiffs.

In a class action, everyone splits the financial award equally. If the class action is successful, each plaintiff will receive an equal share of the amount awarded by the court.

Legal Penalties for False Advertising

An individual, entity, or company that commits deceptive or false advertising practices could face legal penalties. They could be required to:

  • Pay monetary compensation paid to harmed consumers
  • Pay criminal fines
  • Pay civil fines
  • Undertake a public product recall if the false advertising involved a defective product
  • Use advertisements that have disclosure statements
  • Cease deceptive practices
  • Allow exchanges or refunds of the product
  • Obey injunctions for the removal or replacement of the ad
  • Stop running specific advertisements
  • Pay for consumers’ reasonable attorneys’ fees
  • Compensate for legal expenses the consumers incur

Anyone can report incidents of false or deceptive advertising to the FTC. The agency can review submitted complaints and decide whether they want to launch an investigation and pursue legal action against the company.

Compensation Available for False Advertising

As a consumer, you can file a claim, individual lawsuit, or class-action lawsuit against the company that engaged in deceptive or false advertising practices. The compensation you receive might cover your injury-related losses, such as:

  • Reasonable attorneys’ fees
  • Legal fees and court costs
  • Economic losses due to the illegal acts
  • Additional expenses the court deems appropriate for compensation in an individual lawsuit

Punitive damages might also be recoverable in a legal action against a company. This type of compensation punishes the defendant for their misconduct. Strict laws in each state establish whether a plaintiff can pursue punitive damages and the type of evidence necessary to prove what happened.

Contact Us

At Wallace Miller, we help our clients fight against companies responsible for false advertising or deceptive business practices. We believe in representing individuals harmed by the wrongdoing of manufacturers, sellers, and other businesses.

You can depend on our false advertising attorneys to create an effective legal strategy to try to reach a favorable outcome in your case. Our legal team knows the uphill battle you face and will provide the personalized attention and quality customer service you deserve. We will treat you as a priority and support you through this challenging experience.

If a company’s false advertising harmed you somehow, call Wallace Miller for your free consultation today at (312) 261-6193 and let us pursue the justice you deserve.