Consumer Protection and False Advertising

Every day, consumers buy goods and services based on information that companies provide about their products. Unfortunately, companies are not always honest. Sometimes, they publish misleading advertisements. Sometimes, they strategically withhold key information from their customers. And, sometimes, businesses tell outright lies about their products to induce consumers to purchase them.

These deceptive practices lead to serious harm. They cause consumers to buy unsafe products, to lose their hard-earned money on ineffective goods, to pay premium prices for subpar items, and to forgo better alternatives under the false impression that they are making informed choices. Deceptive marketing also undermines fair competition. It helps dishonest companies draw money and customers away from honest businesses.

Consumer protection laws are built to prevent these harms. They prohibit businesses from engaging in unfair, deceptive, or fraudulent practices. And they provide remedies for victims of these practices. Many consumer protection laws permit such victims to recover the money they paid, statutory penalties, and even punitive damages from unscrupulous companies. Examples of common deceptive practices that may be covered under consumer protection statutes include the following:

  • Animal welfare misrepresentations. Many consumers care about animal welfare. And they are willing to pay extra for animal products—like dairy, eggs, and meat—that come from humanely-treated animals. Companies know this. So, they sometimes exaggerate, or lie about, how well they treat the animals that produce their products. They might label eggs “free range,” even though they come from hens that live exclusively indoors. Or they might label meat “ethically raised,” even though it comes from animals who spent their entire lives in small, dark cages. These and similar practices cheat well-meaning consumers out of their money and perpetuate animal mistreatment.
  • Auto-renewal scams. Consumers often sign up for subscriptions or free trials expecting that they can cancel at any time. But some companies use deceptive tactics to trap people in recurring charges that they did not knowingly agree to and do not want. Companies may omit auto-renewal terms from purchase-point information, bury those terms in fine print, or fail to provide clear cancellation instructions. This can unfairly lead to months or years of unwanted or unnoticed charges.
  • Bait-and-switch pricing schemes. Some companies lure consumers in with promises of low prices, only to switch the offer at the last minute. They might advertise a product or service at a low rate, but once the consumer begins the purchasing process, the true cost is revealed through hidden fees, surprise add-ons, or financial obligations that accrue after the initial purchase. These tactics unfairly deceive and manipulate consumers.
  • Environmental misrepresentations. Consumers are increasingly environmentally conscious. Some companies try to capitalize on that by charging a premium for products labelled as “sustainable,” “eco-friendly,” or “green”—even if those claims are false or misleading. This is known as “green washing,” and it can enrich dishonest companies at their customers’ expenses.
  • Health product deception. Dietary supplements, vitamins, and other wellness aids are highly popular consumer goods. But some of these products do not deliver the health benefits that they promise. They may not support their claimed health benefits when taken in the doses at which they are sold. They may contain undisclosed ingredients that counteract their claimed health benefits. Or they may make health claims that simply have no scientific backing. This can hurt consumers both financially and physically.
  • Omissions regarding privacy, security, and technology. Technology companies often have proprietary knowledge about their products that consumers have no way of learning. Unfortunately, some companies exploit that imbalance. They may collect and disclose customers’ personal information without their knowledge or consent; they may secretly design tech products to prematurely slow down or break, to force consumers to spend money on replacements; or they may sell asset-management software or hardware without disclosing security vulnerabilities that cybercriminals can use to steal customers’ assets.

If you believe you are a victim of these or similar deceptive practices, contact Werman Salas P.C. today. Our attorneys have significant experience in consumer class actions and complex litigation. And we are committed to holding companies accountable for their unlawful misconduct.

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