False and Misleading Advertisements by Competitors
How to Defend Your Business When a Competitor Resorts to False Advertising
Every business seeks a competitive advantage, and as long as that pursuit is conducted within the bounds of what is legal, it is not only justified but fair. Consumers deserve the best businesses have to offer, and often, competition is the driving force for improving quality and innovation. However, consumers also deserve the truth, and if a business seeks to gain an advantage over its competition through false advertising, such action cannot and should not ever be tolerated.
If you are dealing with a business dispute involving a competitor’s use of false or misleading advertising, you have options. Los Angeles business attorney Robert G. Klein has been practicing law for nearly three decades. As his clients’ testimonials make clear, during that time, he has successfully helped several businesses facing disputes involving issues such as trademark infringement, breach of contract, trade secrets and false advertisement secure outcomes favorable to both the present and future of their businesses.
Types of False or Misleading Advertisement
A business competitor’s false and misleading advertising can come in many forms, including:
- Purchasing limits – When a business limits the number of advertised items a customer can buy without stating that explicitly in its advertisement.
- Inaccurate photos – Advertising that includes photographs that are not a reasonable representation of a product.
- Purchasing minimums – A business requiring customers to purchase more than one of an item that is for sale to receive a discount without including that requirement in its advertising.
- Out of stock – If a business does not have enough of a for sale item it has advertised in stock to meet a reasonable customer demand.
- Bait and switch – A business advertises an item with a low sale price with no intention of selling it at that price just to get customers into its store. Once the customers are there, the business convinces them to buy a higher price item than the one that was advertised as being on sale.
- Labeling – Businesses deceptively labeling their products.
- Used items – A business failing to include the fact that an item is used or refurbished in its advertising.
- Deceptive sale price – This involves items that have an advertised sale price that is the same as its regular price. To be considered a sale price, the item must have had a higher price within the three months prior to having its price lowered to the sale price.
- Assembly requirements – Products that require assembly but do not include that on the outside of their packaging.
- Unadvertised fees and surcharges – Charging fees and surcharges not mentioned in the advertising.
- Fake going out of business sale – Businesses advertising a going out-of-business sale even though they are not going out of business.
- False claims of eco-friendliness – Business advertising that an item is eco-friendly without being able to provide supporting documentation.
- Time limits – Advertising a regular price as only available for a limited time, such as: “Only $3.99 in September,” even though that price was the regular price beforehand and will continue to be the regular price after the limited time has expired.
- Requirements to buy another item first – Requiring a customer to buy another item to get the sale item at a discount without including that information in the advertising.
- Products that fail to perform as advertised – Advertising that a product can do something that it cannot actually do. Dietary supplements is an example of a product that sometimes are sold using this tactic.
Los Angeles Business Attorneys for Disputes Involving False Advertising
If you hope to successfully take on a competitor that is using misleading or false advertising to gain an advantage, you will need the guidance of the best legal representation available. The best business attorneys have decades of experience helping clients come out on top in business disputes. They have an intricate knowledge of the laws governing their area of practice, having used them to secure favorable outcomes for their clients on a daily basis for years.
Since 1987, Los Angeles business lawyer Robert G. Klein of Klein Trial Lawyers has been representing clients in business disputes, racking up many successful verdicts and settlements along the way. Although Klein Trial Lawyers is located in Los Angeles, our law firm accepts cases from throughout the country, including those that involve both domestic and international operations. No venue or foe intimidates our business lawyer, as our cases have taken us to state courts, federal courts and the US Supreme Court over the years.
To learn more about false and misleading advertising and what we may be able to do to assist you, call our office directly at (323) 653-3900 ext. 110 or fill out the online form on this page to contact our business lawyer now.