FALSE
ADVERTISING
ATTORNEY
Advertising has, in many ways, become an inescapable part of modern life. Everywhere you look, there is a company trying to convince you to buy its product or service. Many of these ads rely on “puffery,” or exaggerated claims to get your attention. In and of itself, that is not against the law. There are, however, situations where an advertisement’s claims do cross the line into an unfair or deceptive trade practice, which is against the law in Pennsylvania, New Jersey, and most other states.
In many cases, state and federal laws empower private citizens to take direct legal action against a company that engages in false advertising. Saltz Mongeluzzi Bendesky P.C. is one of the leading consumer protection law firms serving clients in the Philadelphia region. Our team can review your false advertising claim and help you in determining whether civil action–including a possible consumer class action–is an appropriate and justified response. We have a record of proven results in a wide range of false advertising and consumer law matters, and we look forward to learning more about your case and how we can help.
What Is “False” Advertising?
A key concept when it comes to false advertising is that the law forbids more than simply lying. Indeed, most companies are smart enough not to tell an outright falsehood in their advertising. They often rely on more subtle forms of trickery or deceit to mislead consumers, which is still considered “false advertising” based on the context.
Most states, including Pennsylvania and New Jersey, identify false advertising as one of many “unfair trade practices” prohibited by consumer protection law. In Pennsylvania, for example, false advertising is considered an “unfair method of competition” by a business. Some examples of prohibited behaviors include:
- passing off goods or services as those of another business or person;
- representing a product or service is endorsed by someone who has not actually given such an endorsement;
- creating confusion or misunderstanding as to whether a product is certified by, or affiliated with another organization;
- making deceptive representations about a product’s geographic origins (e.g., passing off a product made in one country as coming from another country);
- representing goods as “new” when they are in fact used, refurbished, reclaimed, or secondhand;
- representing goods or services as being of a particular standard, quality, or grade, when they are not;
- making false or misleading statements regarding price reductions (i.e., sales) or the reasons for such price reductions;
- advertising goods or services with the intent not to supply sufficient quantities to meet reasonably expected public demand, unless the advertising discloses there is a “limited quantity”;
- representing the product is covered by a written guarantee or warning and then failing to comply with those terms after the consumer purchases the product; or
- using false or misleading representations of facts to disparage the goods or services offered by a competing buyer.
With respect to that last item–disparaging the products or services of a competitor via false or misleading statements–such false advertising can also support a civil claim under federal law, specifically the Lanham Act, which actually enables the competitor to take legal action. The Lanham Act is primarily known as a trademark law, and one of its functions is to ensure a registered mark is not unfairly disparaged or diluted by other parties.
Also, keep in mind that “advertising” encompasses any form of media that a company uses to induce customers to buy their product or service. This includes not just traditional forms of advertising like television ads, but also online ads (such as Google ads) or even statements made on the product’s label or packaging.
Can You Actually Sue for False Advertising?
Historically, complaints of false advertising involving interstate commerce have been handled by the Federal Trade Commission. The FTC is the federal agency charged with enforcing consumer protection laws. If a customer complains to the FTC, it can conduct an investigation and take appropriate legal action, which often involves seeking an injunction to stop the false advertising and imposing a civil penalty (fine) on the offending company. In some cases, the FTC may even obtain a monetary award on behalf of individual consumers affected by the false advertising. Every state gives similar authority to its consumer protection regulators, typically the state attorney general’s office.
In recent years, however, states like Pennsylvania and New Jersey have adopted even stronger laws that permit individuals to directly sue a business for engaging in false advertising, even in cases where the FTC or the state attorney general’s office declines to act. For instance, Pennsylvania’s Unfair Trade Practices and Consumer Protection Law allows such false advertising lawsuits if the following conditions are met:
- The plaintiff is a person who purchased or leased a good or service primarily for personal or household use; and
- The plaintiff suffered an ascertainable loss of money or property as a result of false advertising or similar deceptive trade practices.
In other words, if you actually purchased a product because you relied on a false or misleading advertisement, you have the right to file a civil lawsuit to recover your losses.
As far as remedies for false advertising go, a Pennsylvania court can order any or all of the following:
- up to three times the plaintiff’s actual damages, but in no case less than $100;
- the plaintiff’s attorney fees and court costs;
- a permanent injunction barring the offending business from continuing to make false advertising claims; and
- an order directing the business to make appropriate public statements correcting the earlier false advertising.
Since false advertising typically affects multiple consumers at the same time, it is often more practical for the injured plaintiffs to file a class action representing everyone affected. Saltz Mongeluzzi Bendesky P.C. has successfully pursued many such class actions, so our team understands how to build and win false advertising cases.
False Advertising Attorney FAQs: Top 10 Questions Answered
Q. What is a False Advertising Attorney in Philadelphia, PA?
A. A Philadelphia False Advertising Attorney is a consumer protection lawyer who specializes in holding businesses accountable for deceptive marketing practices that mislead consumers into purchasing goods or services. At Saltz Mongeluzzi Bendesky P.C., our Philadelphia false advertising attorneys review claims involving misleading ads, labels, or promotions and pursue civil actions, including class actions, under Pennsylvania law to recover damages for affected consumers.
Q. How can a Philadelphia False Advertising Attorney help me with my case?
A. A Philadelphia False Advertising Attorney can evaluate whether your experience with misleading advertising qualifies for legal action, gather evidence of deceptive practices, and build a strong case to seek compensation. Saltz Mongeluzzi Bendesky P.C. provides free case evaluations and consultations with experienced Philadelphia false advertising lawyers who have a proven track record of success in consumer protection matters throughout Pennsylvania, helping clients hold companies accountable through individual lawsuits or class actions.
Q. What does Pennsylvania law prohibit as false advertising?
A. Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 et seq.), false advertising is considered an unfair method of competition and includes any deceptive representations that mislead consumers. Prohibited acts include passing off goods as those of another, creating confusion about a product’s source or endorsement, false claims about geographic origins, representing used goods as new, misleading statements about quality or standards, false price reduction claims, bait-and-switch tactics, and failing to honor warranties or disclosures. These rules apply to television ads, online ads, product labels, and packaging.
Q. Can I sue for false advertising in Philadelphia under Pennsylvania consumer protection laws?
A. Yes, Pennsylvania law allows individuals to file suit against businesses engaging in false advertising without waiting for action by the Federal Trade Commission or state officials. A Philadelphia False Advertising Attorney can help you pursue a claim if you purchased or leased goods or services primarily for personal or household use and suffered an ascertainable loss of money or property due to the deceptive advertising. Saltz Mongeluzzi Bendesky P.C. regularly assists Philadelphia-area consumers in bringing these claims under the Unfair Trade Practices and Consumer Protection Law.
Q. What are common examples of false advertising cases handled by a Pennsylvania False Advertising Attorney?
A. Common examples include misleading claims about a product’s ingredients, performance, or quality; false endorsements by celebrities or organizations; deceptive “limited quantity” ads that fail to disclose restrictions; price-reduction claims that are not genuine; and advertising goods with no intent to supply them at the advertised price or quantity. A Pennsylvania False Advertising Attorney at Saltz Mongeluzzi Bendesky P.C. can determine if your situation fits these prohibited practices under state law and pursue appropriate remedies.
Q. What remedies are available in false advertising lawsuits in Pennsylvania?
A. Successful false advertising claims in Pennsylvania can result in up to three times the actual damages (with a minimum of $100), plus reimbursement of attorney fees and court costs. Courts may also issue a permanent injunction to stop the false advertising and order the business to publish corrective statements. A Philadelphia False Advertising Attorney from Saltz Mongeluzzi Bendesky P.C. works to maximize these remedies for clients harmed by deceptive marketing practices.
Q. Are class action lawsuits common in false advertising cases handled by Philadelphia False Advertising Attorneys?
A. Yes, because false advertising often affects many consumers across Pennsylvania, class actions are a practical and effective way to seek justice. Saltz Mongeluzzi Bendesky P.C. has successfully pursued numerous consumer class actions involving false advertising and has the resources and experience to certify and litigate these cases on behalf of groups of similarly affected Philadelphia and Pennsylvania residents.
Q. How do I know if I have a valid false advertising claim in Philadelphia, PA?
A. You may have a valid claim if you relied on misleading advertising when purchasing a product or service for personal use and suffered a financial loss as a result. Key factors include whether the ad contained deceptive statements about quality, origins, endorsements, pricing, or availability, as prohibited by Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. Contacting a Philadelphia False Advertising Attorney at Saltz Mongeluzzi Bendesky P.C. for a free case evaluation is the best way to determine if your situation qualifies for legal action.
Q. Why should I choose Saltz Mongeluzzi Bendesky P.C. as my Philadelphia False Advertising Attorney?
A. Saltz Mongeluzzi Bendesky P.C. is a leading consumer protection firm in the Philadelphia region with extensive experience in false advertising litigation and a proven record of results in class actions and individual cases. Our Philadelphia false advertising attorneys provide personalized attention, free consultations, and the resources necessary to take on major companies while protecting Pennsylvania consumers’ rights under state law.
Q. How can I schedule a free consultation with a False Advertising Attorney in Pennsylvania?
A. Scheduling a free consultation with a False Advertising Attorney in Pennsylvania is simple—just contact Saltz Mongeluzzi Bendesky P.C. through their Philadelphia-region office. Our team of Pennsylvania false advertising lawyers offers free case evaluations to review your claim and explain your options under Pennsylvania law, with no obligation. Reach out today to discuss how a Philadelphia False Advertising Attorney can help recover your losses from deceptive advertising practices.
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False advertising is not something you simply have to accept. If you have been the victim of a company’s false, misleading, and deceptive practices, you need to work with consumer protection lawyers who have the knowledge and resources to hold businesses legally accountable for their actions. Contact Saltz Mongeluzzi Bendesky P.C. today to schedule a free case evaluation.