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 consumer sees an advertisement or speaks with a salesperson about a product or service. The business makes representations concerning price, quality, features, performance, duration, limitations, or other terms. The consumer enters the transaction and later receives documents, a product, a service, or billing that may not match what was represented before the sale.
Facts That May Help the Firm Understand the Matter
- The exact advertisement or words used
- Who made the representation
- The date and place of the representation
- The documents signed
- The amount paid
- What product or service was delivered
- How it differed from what was represented
- What the business said when questioned
- Whether a standard advertisement, script, or policy was used
- Whether another proceeding or deadline exists
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