A New Jersey False Advertisement Lawyer Will Protect Your Rights
False advertising is surprisingly widespread and has been an issue for consumers for almost as long as there has been advertising. Consumers deserve honesty, and to that end, both state and federal laws have been put in place to hold businesses accountable when they take advantage of consumers through false and misleading advertisements. If you believe that you have suffered harm due to false advertising, a New Jersey false advertisement lawyer can help you hold the advertiser responsible.
False Advertising In New Jersey Includes More Than You Think
False advertising laws protect consumers against more than just outright lies—they prohibit all deceptive or misleading advertising practices. In addition, it includes advertisements for the sale of goods and services and any warranties or other terms associated with whatever they may be offering. It is also important to remember that these protections apply to advertising in all of its forms—advertising in print media, on television, the radio, or online.
Many consumers are embarrassed when they discover that they have been taken advantage of and, as a result, are unwilling to come forward. However, you should keep in mind that false advertising is typically intended to be difficult to detect. The business relies upon the appearance of truthfulness or your willingness to trust them to take advantage of you. As a result, you should not hesitate to contact a New Jersey false advertisement attorney if you believe you are a victim of false advertising.
Common Types of False Advertising
False advertising can come in many forms but typically falls into a handful of common categories. Understanding how deceptive advertising works and how it is perpetuated will assist you in determining whether you have a claim and what you can do about it.
This advertising would likely mislead a reasonable consumer by failing to include material information or containing material misrepresentations. When evaluating whether a piece of advertising is deceptive, you must consider two things:
- First, you need to determine whether a reasonable person would find the ad misleading. For example, would most people interpret the ad the same way you did?
- Second, you must evaluate whether the misrepresentation was material—would the information that is missing or misleading be determinative for most people in deciding whether to purchase whatever is being offered for sale.
Determining reasonableness or materiality isn’t always easy to do. An experienced New Jersey false advertisement lawyer will know what facts are dispositive and how the law will apply to your case.
Failure to Disclose in New Jersey
Failing to disclose important information is similar to deceptive advertising but consists of material omissions. For example, hidden fees, important exclusions from warranty coverage, or information concerning the product’s use may be considered fraud when they aren’t disclosed to the consumer.
Similar to deceptive advertising, failures to disclose are considered false advertising and are measured by whether or not they are material in the view of the reasonable consumer. Of course, the seller or manufacturer will likely claim that the failure to disclose was immaterial or that a reasonable person would have purchased the product regardless.
A New Jersey False Advertisement Lawyer Explains Bait-and-Switch
It may seem hard to believe, but bait-and-switch advertising schemes are shockingly prevalent, despite aggressive enforcement. The advertisement “baits” the customer with a low price or other favorable terms. When the customer is interested, the business then switches them to a less desirable alternative for their own financial gain. While some of these scams are obvious, many can be very subtle. Here are some examples of bait-and-switch tactics that may be considered fraud:
- A retailer advertising a particular product as “on-sale” even though there are very few of the products actually available to consumers. The retailer then offers a more expensive item that is in stock to the consumer.
- An airline advertises flights at a reduced price and then adds additional fees, taxes, and surcharges that were not mentioned in the advertisement, resulting in no savings for the consumer.
- A hotel attracts guests by offering rooms at a reduced rate, only to attach various additional fees that substantially increase the cost.
- Insurers attract customers by offering artificially low premiums and later increasing those premiums substantially, even though the insured has not filed any claims.
Filing a false advertising lawsuit is the most effective way to hold these unscrupulous advertisers accountable. If you believe that you have fallen victim to a bait-and-switch scam, speak with a New Jersey false advertisement lawyer as soon as possible.
Many consumers do not typically consider labels to be “advertising.” Nonetheless, manufacturers and other businesses use labels to influence your purchasing decisions in the same way that they use advertising. As a result, misleading labels are just as problematic as deceptive advertising and should be similarly considered a form of fraud. The following are some common examples of misleading labels:
- Food products that are claimed to be organic that are not
- “Green” appliances or other products that do not meet industry environmental or energy reduction standards
- Products labeled as being “made in the USA” while being made in some other country
- Products or food items being labeled as “cruelty-free” while being tested on animals or involve animals being kept in inhumane conditions
Unfair Competition In New Jersey
Some businesses will use their advertising to disparage their competitors or make unjustified claims about themselves to draw customers and discourage competition. For example, a business may claim that its competitors are untrustworthy or that its products are unreliable. On the other hand, they may claim that they are the “best” or that claim that they have received awards or other recognition that they have not. Unfair competition cases can be difficult to pursue, as the line between salesmanship and false advertising is often unclear. If you believe that you may have a claim, the best thing you can do is contact a New Jersey false advertisement lawyer.
Reach Out to New Jersey False Advertisement Lawyer Daniel P. Silberstein
If you believe that you have been harmed by false advertising, we can help. New Jersey false advertisement lawyer Daniel P. Silberstein has been helping people hold businesses accountable for 25 years—he understands the challenges that these cases present, and more importantly, he knows how to meet them. If you think you have a claim, call or email us to schedule an appointment to discuss your case. Our office is conveniently located in Union County, New Jersey, and we serve clients in Newark, Elizabeth, and more.