False advertising misleads consumers and can cause financial harm, health risks, and loss of trust. If you purchased a product or service based on deceptive claims, you may wonder whether you can take legal action. In California, strong consumer protection laws exist to hold businesses accountable for false or misleading advertising practices. At Wilshire Law Firm, we can help individuals understand their rights and pursue justice when companies engage in unlawful advertising.
What Is False Advertising?
False advertising occurs when a business makes statements or representations that are:
- Misleading or deceptive
- Untrue or exaggerated
- Likely to confuse consumers about a product or service
Examples include:
- Claiming a product has benefits it does not provide
- Using fake endorsements or reviews
- Concealing important information about pricing or safety
- Advertising discounts that do not exist
California law prohibits these practices under the False Advertising Law and the Unfair Competition Law.
California Laws Against False Advertising
Two key statutes protect consumers:
- California Business and Professions Code Section 17500: Makes it illegal to disseminate false or misleading statements in advertising.
- California Business and Professions Code Section 17200: Prohibits unfair, unlawful, or fraudulent business practices.
Violations can lead to civil penalties, restitution, and injunctive relief to stop deceptive practices.
Can You Sue a Company for False Advertising?
Yes. Consumers who suffer financial harm due to false advertising may have the right to file a lawsuit. Legal actions can seek:
- Restitution: Refunds for money spent on misleading products or services.
- Injunctive relief: Court orders requiring the company to stop deceptive practices.
- Damages: Compensation for losses caused by the false advertising.
Every case is unique, and the outcome depends on the facts and evidence presented.
What Evidence Do You Need?
To build a strong case, you should gather:
- Copies of advertisements or marketing materials
- Receipts or proof of purchase
- Documentation of financial losses
- Witness statements or expert opinions
- Records of communications with the company
The more detailed your evidence, the stronger your claim.
Common Industries Where False Advertising Occurs
- Health and wellness products
- Automotive sales and repairs
- Financial services
- Technology and electronics
- Retail and e-commerce
False advertising can happen in any industry, but these sectors often face scrutiny due to frequent consumer complaints.
What Should You Do If You Suspect False Advertising?
- Document the misleading claim: Save ads, emails, or promotional materials
- Keep all purchase records: Receipts and invoices are critical
- Report the issue: File a complaint with the California Department of Consumer Affairs or the Federal Trade Commission
- Consult an attorney: Legal guidance can help you understand your options and protect your rights
Do You Need a Lawyer for a False Advertising Claim?
False advertising cases can involve complex legal issues and require detailed evidence. An attorney can help you:
- Evaluate whether the claim violates California law
- Gather and present evidence effectively
- Represent you in negotiations or litigation
At Wilshire Law Firm, we offer free consultations and work on a contingency fee basis, which means no fees unless you get paid. Costs and expenses may be your responsibility.
Why Choose Wilshire Law Firm?
- Award-winning legal team with extensive experience in consumer protection cases
- Compassionate, confidential guidance for individuals harmed by deceptive practices
- Proven track record of advocating for clients across California
Frequently Asked Questions About False Advertising
Is false advertising a crime in California?
False advertising can lead to civil penalties and, in some cases, criminal charges for intentional fraud.
Can I sue for emotional distress caused by false advertising?
Generally, claims focus on financial harm, but emotional distress may be considered in certain cases involving fraud or health risks.
How long do I have to file a claim?
The statute of limitations for false advertising claims in California is typically four years, but deadlines can vary based on the circumstances.
Contact Wilshire Law Firm Today
If you believe you were misled by false advertising and suffered financial harm, we are here to help. Call us 24/7 for a free consultation.
