Practice Area
False Advertising and Deceptive Sales Practices
Consumer disputes often begin with a difference between what a business represented before a sale and what the consumer received afterward. The exact advertisement, words used, documents signed, payment made, and resulting problem may all be important.
How These Disputes Commonly Develop
A deceptive-practices dispute typically begins with an advertisement or sales presentation. The consumer relies on a representation, makes a purchase, and signs transaction documents. After delivery or performance, the consumer discovers that what was received differs materially from what was represented.
- Advertisement
- Sales presentation
- Representation
- Purchase
- Transaction documents
- Delivery or performance
- Difference between representation and result
- Complaint
- Business response
Facts That May Help the Firm Understand the Matter
- Exact words or advertisement
- Person who made the representation
- Date and place
- Documents signed
- Amount paid
- What was delivered
- What differed
- Business explanation
- Whether a standard advertisement or script was used
Types of Conduct the Firm Reviews
- A business said one thing before the transaction and did another afterward
- A price, term, limitation, or material condition was not accurately disclosed
- An advertisement or sales presentation contained a material misrepresentation
- A promised product or service was materially different from what was delivered
- An advertised offer was not honored
- A recurring charge or renewal practice was not clearly disclosed
- A business omitted information material to the transaction
- The same representation or policy may have affected multiple consumers
Information to Preserve
- Exact advertisement or screenshot
- Website address
- Brochure or sales material
- Contract
- Receipt or payment record
- Email and text communications
- Names and roles of salespeople
- Notes of verbal conversations
- Product descriptions
- Photographs
- Any later explanation or proposed resolution