An advertisement does not have to be intentionally misleading to be false advertising. An advertisement does not have to actually mislead anyone to be false advertising. An advertisement can be technically true and still be false advertising if the overall circumstances are potentially misleading.
Offering something free with the purchase of another item, but raising the price of the other product to compensate Stating a regular price that has only been briefly (or never) used in the past Stating that you will provide a service, and then providing less than what was promised Stating that a product is or does something that is inaccurate
The Better Business Bureau (BBB) The US Federal Trade Commission (FTC) Your local consumer affairs agency An attorney
Require the advertiser to cease the deceptive advertising Bring a civil lawsuit (usually class action) on behalf of people harmed Require the advertiser to correct the deceptive practice by running an advertisement admitting the earlier ad was misleading
Assists in resolving disputes between business and consumers Provides education to businesses and consumers on proper practices Provides a rating system of businesses that consumers can check to view complaints that other consumers have made against a business.
Search for “consumer affairs” and “[yourstate]” to locate the website and contact information of the agency. Call the number provided or navigate to an online complaint system on their website. Follow their instructions and listen to what the state agency can do for you.
Preparing documents Giving legal advice Teaching you the law as it applies to your case
You must have an attorney to file a class action suit The attorney must be approved by the court as having enough experience to reasonably represent the general members of the class. When you participate in a class action suit, you give up the right to sue individually and vice versa.
Petition or complaint: This document describes the ad, explains how it was misleading, and states why you should be granted the relief you ask for. Be sure to address everything you need to prove in the petition Summons or citation: This document orders the employer to answer your petition in court. Frequently, you must prepare it, but the clerk signs it After signing, make enough copies that you have the original for the clerk, a copy for you, and a copy for the advertiser
Give the clerk the original documents (the petition or complaint and summons and any other documents required by your particular court). Ask the clerk to sign your summons or citation Notate your case number (assigned by the clerk) Pay any filing fee. This fee will vary depending on your court. Ask the clerk to date stamp your copies
Pay a private process server to serve them Pay the sheriff to serve them Hire a person over 18 who is not a party to the case serve them Whoever serves the advertiser will need to complete and file or return the appropriate proof of service document
Ask the clerk for a copy of the answer if you do not receive one If the advertiser files a motion to dismiss and you are not represented, contact an attorney for assistance based on your particular case
What evidence can be admitted into court What must be proven about the evidence before it can be admitted What types of witnesses you can call How you can question different kinds of witnesses
Interrogatories: Usually written questions that must be answered under oath Depositions: Usually oral questioning of a party or potential witness under oath Requests for production: Lists of documents and other items that the other party or third person must provide you, either a copy or the ability to inspect the original item Requests for admission: Requests to the other party that they admit certain facts, relieving you of the requirement to prove that particular fact
If mediation is successful, the mediator will prepare any documents necessary for the judge to sign, and your agreement will become the order of the court. If mediation is not successful, you will continue to court to prove your allegations of false advertising.
The date of the hearing The time of the hearing The location of the hearing The name of the judge or magistrate who will conduct the hearing The length of time the hearing is expected to take
You will make your opening statements, explaining to the court what you are going to prove The advertiser will make their opening statements, explaining to the court how they are going to show the advertisement was not misleading You will call and question your witnesses and present your evidence. The advertiser will question your witnesses after you have questioned them first The advertiser will call and question their witnesses and present their evidence You will question their witnesses after the advertiser has questioned them first You will give your closing statements, summarizing the evidence and explaining why the law supports a ruling in your favor The advertiser will give their closing statements, summarizing the evidence and explaining why the law supports a ruling not in your favor You have an opportunity to rebut the advertiser’s closing statements, if you choose to do so The judge or jury will give the ruling or verdict
Copy the heading and format from previous documents in the case, especially a prior order State the date the hearing occurred, the issues that were argued, and the ruling that was made Insert the judge’s signature block. You can copy it from prior orders or obtain it from the clerk Make three copies File the original with the clerk Mail a copy to the advertiser or their attorney Keep a copy for your records Ask the clerk when a copy of the signed order will be ready for you to pick up
