False advertising is any type of advertising that deceives consumers. Even advertising that only has the potential to be misunderstood by consumers may be construed as false advertising. In most cases, false advertising leads the consumer to believe that he is somehow profiting from a purchase. He may think he is getting a good deal, saving money, or buying something that will perform in a specific manner. Actually, the advantage is all on the side of the advertiser and companies who practice false advertising. Any potential benefit to the consumer is usually non-existant.
Due to many instances of false advertising, the US Federal Trade Commission (FTC) has regulatory power to step in and end any potentially misleading or deceptive claims. False advertising does not apply to claims made by politicians, though many argue it should. Instead the FTC determines incidences were the potential to deceive exists in any type of advertising. If claims made in advertising could lead to a purchase because of misunderstanding of the product or service, it essentially has the potential to deceive.
In order to report false advertising, people must have a copy of the original ad to send to the FTC, or to state bureaus. The ad must prove a potential to deceive. This usually doesn’t mean that a person will be able to sue for false advertising, though they may be able to stop certain types of claims being made, or get their money back for a product or service they purchased. Usually the FTC steps in to require the advertiser to add more information to any ads or on product labels, or asks the advertiser to stop an ad campaign. The FTC cannot issue warrants for arrest or impose fines unless the advertiser does not stop incidences comply with its requests.
There are many types of false advertising that consumers see on a regular basis. A common form is called inflated price comparison. In this form, retailers raise the price of items, and then offer them for a lower “sale” price, which indicates to most consumers that they are getting a “deal” on merchandise since it is supposedly on sale. Inflated price comparison might be used when customers have “loyalty cards,” to grocery stores or retail stores of a certain size. Cardholders are able to purchase products at presumed discounted prices. While sometimes loyalty cards can save a little money, they don’t when other product prices are inflated.
Another common type of false advertising is a product sold with a rebate. The rebate is not given at point of purchase, but instead must be claimed by the purchaser, and unfortunately some companies are notorious for not giving rebates back in a timely manner. When the advertisement doesn’t claim that the price is “after rebate,” you can expect to pay the full price.
Services that offer introductory prices may be potentially deceptive when ads don’t explicitly state that the price will increase after the introductory period has expired. Other forms of false advertising include making false claims about products, e.g., "Georgia" peaches grown in California. Using fillers in packaging is also false advertising because it can increase weight, making the consumer feel he is getting more of the actual product than is really in a package. Many companies now attempt to avoid false advertising by stating conditions of offers. Unfortunately these may be printed in small print, far from the advertised price. As a wary consumer, it makes good sense to always look at conditions and exclusions prior to making a purchase.
I do not know very much about internet advertising or any kind of advertising for that matter but I have an honest question. I was looking up some information on the internet about face cream for wrinkles. I was doing an internet search and I was checking out a number of the websites listed. One of the websites was advertising a combination of an oral capsule and a facial cream and I was reading it. They had two pictures (before and after) of a woman, giving her name and claiming to be from a certain town that I will not name. She claimed to look so much younger due to the items advertised and, they were offering a sample of the products. Then several websites later another website was advertising the same products with the same offer, they had two pictures (before and after) of a different woman, using the same name as the other website and the same town. Neither woman looked younger after using the product for awhile; you know how they can make people look better with make overs. Anyway I think this type of advertising should be removed because to me it is clearly false advertising, since they have two different women claiming to be the same person. Please tell me what you think and if I should report it to the Better Business Bureau or someone who takes care of matter such as this type.
- anon46473
21
We changed our internet supplier to because we were told that we would get 10 megabytes speed. Well after several weeks we were only getting between two to three megabytes so we called customer service. They sent out a technician and he checked out everything and told us we were not getting more than three megabytes, which we knew. He told us that they were still working on getting the equipment installed so we would be able to get the 10 megabytes of speed they promised us and were charging us for. After several months we were still not getting much more than three megabytes. We called customer service again and they sent out another technician who did the same thing as the first tech and told us the same thing: they were working on getting the equipment installed to deliver the 10 megabytes of speed we were promised and were still being charged for. We complained that we were paying for 10 megabytes but we were getting nowhere near that. After the run around they did reimburse the difference in the billing. Well, to make a longer story short, after over a year and never getting any where near the 10 megabytes, they are still telling us that they are working on getting the equipment installed to provide the 10 megabytes of speed. My question is, should they be able to tell people that they can provide them with 10 megabytes of internet speed when they know that they do not have the equipment installed to provide 10 megabytes?
- anon46466
20
A local used car salesman (Billy Ray Taylor) ran a full-page paid advertisement in the local paper stating that every vehicle on his lot had a 1,000 mile/30day warranty. Every vehicle on his lot was ready to go on the road. My parents looked at a vehicle on his lot on Monday of that week, bought it on Tuesday, got it home and had no oil pressure on Wednesday, called him that day trying to get it taken care of. He only offered to pay half of the cost to clean the oil pan and see if that fixed it. They didn't agree to that because he advertised a warranty. My brother changed the oil pump and pickup and flushed it. It did not fix it. It will have to have a new motor or be completely reworked. We filed a claim with the better business bureau. He failed to respond to the first letter they sent him. In response to the second letter, he lied and told the BBB my parents drove the vehicle two weeks before telling him there was a problem. He advertised this warranty in the paper and will not stand behind it. Is this not false advertisement? He should not be allowed to get away with this. He is wrong!
- anon43632
19
Evony ads need to be stopped!
- anon43196
18
Hello all...hope someone can help, I bought a crib at Target that had signage that said it came with a mobile (I took pictures for proof), after talking with both the manufacturer and target, target came back and said the signage was wrong, it was not meant to have a mobile...they will not do anything for me what should I do?
- Steph6603
17
I have ordered bare mineral start kit. For a special time promotion, they were giving a 2nd set for free. 2 days later, I log back to check my order status, it shows 'canceled', which I did not cancel the order, neither got a notification for that. Then I called customer service, I was told that the order is canceled because they never meant to give the 2nd set for free. Well, I told them I placed order because I saw the ad on the internet. Then, they say it was not advertised. I do not have proff any more, but some blog still has the post for the deal that shows the limited offer. Is this false advertisement?
- anon33625
16
Walmart is another one. I ordered a site to store LCD television because after much checking nobody else came even close to the price. I ordered it weeks ago but still don't have it. I have however, received 2 emails telling me that shipment will be delayed. I looked at the website and found 14 places that were supposed to have this television in stock. I called all of them, not one has it in stock and wouldn't even attempt to suggest when they will get it in. I'm wondering if they ever had the intention of selling this TV for the price. I think this is unfair to other merchants and consumers.
- Chakka1
15
False advertising should be nothing more than what it states. I don't know how many hours of my life have been wasted searching the web for information through sites that right up front state "Free!" and when you get there and waste your time searching they ask for a credit card before giving the information. That is not Free! It should not be allowed to be advertised "free" when your charged in the end! Come on America, Get Real!
- anon28849
14
Hello, I hope someone can help.
I bought a crib and on the sign at the store it said that it came with a mobile. Well long story short it did not, we went to the store and had them open another box and found there was no crib in there either. Any suggestions? I have called the manufacturer of the crib and of course am waiting for them to get back to me.
- Steph6603
12
i was going to buy some poker chips to play texas hold 'em on myspace. so i found a web site that offers 10 million chips for 15 dollars when i was going ahead with the purchase i happen to glance at the bill and noticed that the billing price was 150 dollars. i barely caught this and was 1 mouse click from buying. i'm kinda upset i almost didn't catch it in time and would have been charged 150.00 instead of the 15.00 they advertise on the web site.
can i bind them to the 15 dollar price ? isn't it false advertising? who do i report it to?
- anon27477
11
I'm not sure if this would be considered False Advertising but, Lets say a store is advertising that they are selling item "x" for a limited time and after lets say, 2 weeks it will leave the store. The two weeks pass and The item is still being sold, and you find out that the item will continue to be sold in the stores for good! Unfortunately you spent a lot of money and bought multiples of this product because of this advertisement, Could you do anything about this? or are you just out of luck?
- anon24248
10
Kelly,
I don't know if wherever you live is similar to the U.S., but here in the states, by LAW the retailer must adhere to the lowest marked price, even it was a mistake.
- anon23145
9
I bought a backup unit from geeksquad due to the fact that it was a. recommended BY THEM AT THE STORE, and b. they made a bold claim on the box stating that the unit was made in a top secret location in mexico by select geeksquad agents.
When I needed to file a claim, I learned that geeksquad had no part in the making of the unit, but instead cyberpower had made it. The warranty also has the geek squad scrawled all over it. Nowhere did it mention cyberpower.
Since filing complaints they have recently changed their marketing to 'recommended by AGENT 50'. Although they have changed their texts for marketing, what can be done for the millions who bought the unit thinking it was made by geek squad due to the false advertising!?
- anon19633
8
Me and my partner went to a pet store to purchase a dumbo rat, there was one in the very top tank which was hard to see, but the label clearly said Dumbo Rat.
So a member of staff came and sorted it out, put her in a box and we got charged the price for a dumbo rat. After having her running round in the cage a while, we started to have suspicions she wasnt a dumbo, but a fancy rat. After doing a little bit of research on the internet we are certain she is a fancy rat not a dumbo,
Is there anything we can do about this?
- anon18601
7
Comcast ads state they have over 500 channels of HD, more than Direct TV. Last night I counted all of my HD channels and came up 454 channels short of their claim of 500. Sounds like Comcast is doing a little false advertising of their own here....
- anon17012
6
Discover Card's 5% back on all gas purchases?????
I have not been able to find where you only get 5% back of the first $100.00 and less than 1% back on the remaining $2900.00 you spend in one "anniversary year". I have emails, now, explaining that my conception was wrong to assume that I would get 5% back on "all Gas purchases".
Read the fine print. This advertising by Discover Card is extremely deceptive. Anyone having a good path to take to deter this type action please advise.
Thanks,
Ted
- tbhenson
5
Hello,
I am a member of an official music fan club and they are selling VIP Soundcheck Upgrade for the concert tickets. The perks included in these VIP packages are listed very clearly. I purchased one of these packages about two weeks ago but when the day of the event came they didn't honor what they were claiming to be included in the package, without even giving an explanation. I believe I deserve a refund for that but I'm not sure I am entitled to. Could you kindly inform me if this is false advertising, please? Thank you for the attention and I hope in a response from you as soon as possible.
Kind regards,
C.
- anon12787
4
i went to a local nursery that advertised free local delivery. when i bought 10 bags of mulch and asked for free delivery, they said i had to spend $100. no where on the flyer does it have that stipulation. can i complain to FTC?
- yu21012
3
I booked a ticket with British Airways on 16th April 08, as they were advertising that the sale ended at midnight.
When I then revisited the BA site today, I found out that they were having a new sale and that the price of my ticket had come down by £100.
Is that false advertising? I rang to see if I could get a refund or change my ticket to the new prices, but they categorically refused. I would appreciate your help with this query
Thank you so much, J
- anon11551
2
Yes, that is false advertising. You should take a picture of the label and report it.
- anon11192
1
Hi, my daughter went to the shop brought some sweets the price on the counter said 36p when she got to the till the price was £1.36. The cashier said the label was a mistake and my daughter would have to pay the full amount. Isn't this false advertising, shouldn't she have sold it to my daughter for the amount stated on the product? We asked for a refund and the cashier said no.