Did the ad promise the viewer something? Would a “reasonable consumer” be misled by the claim? Was the promise something a consumer would find important (that is, was it material to their decision to buy?)
If you can’t retrieve a pop-up ad, for example, then write down your memory of its contents. Although this is not as ideal as having the pop-up to show to someone, it is the best that you can do.
If the first person you talk to can’t help, then request to be connected to a supervisor. Always remain polite yet insistent. Tell whoever you speak to that the product does not work as advertised and that you want a refund. Even if you speak to someone on the phone, you should also send a letter. Send it certified mail, return receipt requested so that you will have evidence that it has been received. If you don’t know what to write, you can use the Federal Trade Commission’s sample complaint letter, which is available at https://www. consumer. ftc. gov/articles/0296-sample-consumer-complaint-letter. For additional advice on how to get a refund, see Protest and Complain to Receive a Refund.
If you talk to someone on the phone, then write down their name and the time of the call. Also summarize the substance of your conversation.
By contrast, if you want to report false advertising engaged in by the makers of dietary supplements, then you will need to contact the Federal Trade Commission (FTC). [4] X Research source The Truth in Advertising website contains a list of industries and links to the appropriate federal agency you should complain to.
If you need to report to the FTC, then visit its website at www. ftc. gov and click on “File a Consumer Complaint. ” You will be taken to the FTC’s complaint assistant. At the assistant, you should select a Category. Most false advertising complaints will fall under “Other. ” Click on that category. You can then click on the relevant sub-category. To report false advertising in relation to automobiles, then click on that subcategory. If you don’t know what subcategory to select, then choose “No Match Found. ” The complaint assistant will walk you through a series of questions. Provide the information that is applicable. For example, you will be asked how much you paid the company, the method of payment, and the name of any company representative you have contacted. [5] X Research source If you need to ask questions, you can contact technical support via chat. You can chat between Monday and Friday, 9:00 am to 8:00 pm Eastern Standard Time. [6] X Research source
To find your applicable agency, type “false advertising” or “consumer protection” with your state or city into your favorite web browser. The Truth in Advertising website also maintains a listing of state resources, complete with links. You can find this information on their website; search “state-by-state” once at the homepage. [9] X Research source
At the New York City website, you must select the category of business that engaged in the false advertising, e. g. , gas station, grocery store, parking garage, etc. Provide the “what, where, and who. ” In other words, provide details about the false advertising, state the location where it occurred, and then identify the name of the business. [10] X Research source Be sure to have a copy of the advertisement that you can send to the agency. [11] X Research source
You can then click on “File a Complaint. ” You will need to answer a series of questions about the business and about yourself. For example, you will be asked whether you are a citizen of the U. S. or Canada and if you are in the military. Select “Your complaint involved a: business’s advertising” to complain about the false advertising. Then select the business and provide all relevant details about your complaint.
You can fax the completed form to (203) 421-6211. Also, you can mail the form to Truth in Advertising, Inc. , P. O. Box 927, Madison, CT 06443.
There are exceptions. For example, some states grant consumers the power to seek “punitive damages. ” Punitive damages are above and beyond the economic loss you suffered and are designed to punish the defendant. Not all states allow punitive damages for false advertising claims. But when a state does, then you might want to bring a lawsuit. [14] X Research source Furthermore, you might be able to recover for consequential damages caused by the false advertising. For example, if you purchased an over-the-counter medicine but then suffered severe complications from using it, then you could recover for medical bills and any loss of quality of life. This could run into the tens of thousands of dollars and would make a lawsuit worthwhile.
You can search for class actions that are ongoing. Also, some class actions have settled and you will be able to seek reimbursement if you qualify. For more information on how to find class actions, you can see Find a List of Class Action Lawsuits.
To find a consumer protection attorney, you should contact your state’s bar association. Most states run lawyer referral programs. You can request the name of a lawyer who has handled false advertising claims before. You can then set up a consultation where you can discuss the merits of your lawsuit. Some states allow consumers to recover attorneys’ fees if they win the lawsuit. This might make an individual lawsuit even more attractive. If you win, then you won’t even have to pay for your lawyer.
