Deceptive Practices In Advertising In San Diego
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False advertising is an actionable civil claim under Section 43(a) of the Lanham Act. A party who successfully sues for false advertising may be entitled to either damages or injunctive relief.
The Consumers Legal Remedies Act (CLRA) is a California law that protects consumers against a wide range of deceptive business practices, including false advertising and misrepresentation, and allows them to seek legal remedies such as damages and injunctive relief.
Victims of misleading and false advertising can file a false advertising lawsuit against the responsible company in civil court. For mass-market products that are widely available across the U.S., the sheer number of victims can lead to a class action lawsuit, representing possibly thousands or millions of consumers.
A person or company that violates California Business and Professions Code 17500 is guilty of a misdemeanor. The offense is punishable by: Imprisonment in the county jail for up to six months; and/or, A fine not to exceed $2,500.
Code § 17535. In addition, the Attorney General “or any district attorney, county counsel, city attorney, or city prosecutor in California” may bring a claim under the False Advertising Law for not only restitution and an injunction but civil penalties of up to $2,500.00 per violation.
If you get caught engaging in false advertising, your business could face costly product recalls, fines, and loss of revenue.
The FTC enforces these truth-in-advertising laws, and it applies the same standards no matter where an ad appears – in newspapers and magazines, online, in the mail, or on billboards or buses.
Filing a Complaint Department of Consumer Affairs. File a complaint online at .dca.ca or call 800.952. 5210 to have a complaint form mailed to you. California Attorney General's Office.
To report misleading advertising at the local level, contact the Better Business Bureau.
The FTC's Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights ...
