False advertising isn’t just frustrating—it’s unlawful. It’s one of the most common consumer protection violations, and if you’ve fallen victim to it, you have every right to seek justice and financial compensation. At Saltz Mongeluzzi Bendesky P.C., we understand the impact false advertising can have on your life. In this article, we’ll walk you through the steps of filing a false advertising claim to help you get the justice you deserve.
What Is False Advertising?
False advertising is defined under federal law (15 U.S.C. § 55(a)(1)) as any advertisement, other than labeling, that is “misleading in a material respect.” In simple terms, false advertising happens when a company deceives you with a product or service claim that influences your decision to purchase. It’s not limited to outright lies—it also includes omissions or misleading implications about the product or service being sold.
Examples of false advertising can include:
- Exaggerated or inaccurate product claims
- Failure to disclose hidden fees or charges
- Misleading packaging or labeling
- Bait-and-switch tactics
If you’ve been misled by an advertisement, you don’t have to simply accept it. The law gives you the right to fight back.
Steps to File a False Advertising Claim
Were you misled by a company’s advertisement in Pennsylvania, New Jersey, or anywhere else? The process of filing a false advertising claim may seem daunting, but with the right steps and guidance, you can hold the responsible party accountable. Here’s a breakdown of what you need to do:
Step #1: Gather and Organize All Supporting Evidence
Evidence is the foundation of any successful legal claim. You’ll need to collect everything that proves the advertisement was misleading. This can include:
- Copies of the advertisement or promotional material
- Photos or videos of the product, packaging, or display
- Communications between you and the company (emails, messages, etc.)
- Receipts or invoices that show you made the purchase
The more evidence you have, the stronger your case will be.
Step #2: Consult with a Consumer Protection Attorney
False advertising cases are complex. You shouldn’t face this fight alone. A consumer protection lawyer with experience in false advertising claims will help you navigate the process and ensure you’re taking the right steps. They will evaluate your case and determine the best course of action, whether that involves negotiation, legal proceedings, or class action litigation.
Step #3: Report the False Advertising (Federal and/or State)
You’re not the only one who can take action. Reporting false advertising is crucial for holding businesses accountable.
- Federal: The Federal Trade Commission (FTC) handles complaints about false advertising at the national level. Filing a complaint with the FTC helps initiate an investigation into deceptive practices.
- State: You should also report the false advertising to your state’s consumer protection agency, such as the Pennsylvania Office of Attorney General’s Bureau of Consumer Protection. States have their own regulations and enforcement powers, which can also help address the violation.
Step #4: Consider All Available Legal Options
Once you’ve consulted with a lawyer, you’ll explore your legal options. You may decide to file an individual lawsuit or pursue a class action. In many cases, particularly with false advertising, class action lawsuits are the most effective way to seek justice. Your lawyer will help you understand the potential benefits of each approach and guide you toward the right path.
False Advertising Cases Are Often Pursued as Class Action Lawsuits
False advertising rarely affects just one person. When a company engages in misleading advertising, chances are many other consumers have been affected in the same way. Class action lawsuits are a powerful tool to hold companies accountable when their false advertising practices harm a large group of people.
Class action lawsuits provide several important advantages:
- Shared Resources: Rather than each consumer handling their own case, class actions pool resources to reduce the financial burden on each individual.
- Efficiency: With a class action, a single judge handles the case, which makes it more efficient and quicker than multiple individual lawsuits.
- Stronger Impact: A large group of plaintiffs means a stronger case. Companies are more likely to take responsibility when the issue affects thousands or more consumers.
If you’ve been the victim of false advertising, you don’t have to pursue the matter alone. A class action provides a way to fight back together and ensure your voice is heard.
Contact Our Pennsylvania False Advertising Lawyers Today
At Saltz Mongeluzzi Bendesky P.C., we are committed to protecting consumers’ rights and taking on big corporations that break the law. If you’ve been misled by false advertising, we’re here to help you seek justice. Our class action attorneys have the experience and knowledge to handle complex cases like false advertising claims.
Contact us today for a no-cost, no-obligation initial case review. Whether you’ve been affected by false advertising in Pennsylvania or nationwide, we are ready to help you take action. Let’s make sure you get the compensation you deserve.