This is false advertising, they cannot retroactively change what was advertised. It is imperative to escalate this to management over the phone and tell them unambiguously this is the making of a legal challenge as it violates advertising laws.
Talking points haha:
AI Overview
Changing the terms of a deal after a purchase may fall under
false advertising or
breach of contract if the changes contradict what was originally advertised or agreed upon.
Here's a breakdown of the key concepts and your rights:
1. False Advertising:
- Misleading or Untrue Claims: Advertising must accurately represent the product or service, including its price, quality, and features.
- Reliance: If you made a purchase based on false advertising and wouldn't have bought the product or service otherwise, you may have legal recourse.
- Consequences: Companies found guilty of false advertising may have to compensate consumers for losses, cover related costs, and face court injunctions to halt further misleading advertising.
2. Contract Modifications:
- Mutual Agreement: A contract, once formed, generally requires the agreement of all parties to be modified.
- Notice and Consent: Even if a contract allows for modifications, the company must provide you with clear notice of the changes, and you must consent to them to be bound by the new terms.
- Consideration: Under common law, new consideration (benefits or detriments exchanged) may be needed to support significant contract modifications.
- Bad Faith: Contract modifications made in bad faith may not be enforceable.
3. Your Rights and Actions:
- Document Everything: Keep records of the advertising, your interactions with the company, and the purchase itself.
- File Complaints: Consider filing complaints with the Federal Trade Commission (FTC) and your state's consumer protection agency.
- Legal Action: You may be able to file an individual or class action lawsuit for damages if you can prove you were harmed by false advertising or a breach of contract.
- Consult an Attorney: Seek advice from a consumer protection attorney to understand your options and rights.
Example:
If you purchased a product advertised at a specific price, but the company later increased the price after the purchase, they may be in violation of false advertising laws or the terms of the contract. You could potentially pursue a legal claim against the company for the price difference and any other related damages.
Important Note: The specifics of each situation and the applicable laws can vary, so consulting with a legal professional is crucial for personalized advice.
AI Overview
False advertising is prohibited by both federal and state laws, with the goal of protecting consumers from misleading or deceptive marketing practices. At the federal level, the
Federal Trade Commission (FTC) enforces laws against false or misleading advertising, particularly those that could affect consumers' health or finances. California law also prohibits false and deceptive advertising, holding businesses accountable for misrepresentations about their products or services.
Federal Laws:
Section 5 of the FTC Act prohibits unfair or deceptive acts or practices, including false advertising.
Specifically prohibits the dissemination of false advertisements for food, drugs, devices, services, or cosmetics
according to the Federal Trade Commission (.gov).
Section 43(a) of the Lanham Act allows businesses to sue competitors for false advertising.
State Laws (California Example):
Key Elements of False Advertising Laws:
- Misleading Statements:
Advertisements must not contain untrue, misleading, or deceptive statements about the product or service.
- Materiality:
The misleading information must be material, meaning it's likely to influence a consumer's purchasing decision.
- Intent (sometimes):
Some laws require proof of intent to deceive or mislead, while others focus on the potential for deception according to Shouse Law Group.
- Reasonable Consumer:
The standard for determining if an advertisement is misleading often involves assessing whether a reasonable consumer would likely be misled by the ad.
Remedies for False Advertising:
- Injunctive Relief:
Courts can order businesses to stop running deceptive ads.
- Monetary Damages:
Plaintiffs may be entitled to compensation for financial losses caused by the false advertising.
- Civil Penalties:
Businesses may face fines or other penalties for violating false advertising laws.
- Criminal Penalties:
In some cases, particularly with intent to defraud, false advertising can lead to criminal charges and penalties.
Examples of False Advertising:
- Claiming a product can cure a disease without scientific evidence.
- Misrepresenting the price of a product or service.
- Failing to disclose necessary information about a product or service.
- Using misleading testimonials or endorsements.
- Advertising a product as "organic" or "eco-friendly" without proper certification.
In California, both consumers and competitors can sue for false advertising under the UCL and the False Advertising Law (FAL).