Manufacturers and retailers put enormous effort into marketing and advertising, often making grandiose claims about their product or service. But as long as these claims aren't overtly deceptive (or flat-out false) they're typically legal. A deceptive trade practice is activity by an individual or business that is meant to mislead or lure the public into purchasing a product or service.
DECEPTIVE TRADE PRACTICES EXAMPLES
State laws define certain acts as deceptive trade practices. Most states have very similar lists of offenses, but typically vary in how they are handled. Trade practices commonly defined as "deceptive" include, but are not limited to:
- FALSE REPRESENTATION OF THE SOURCE, SPONSERSHIP, APPROVAL, CERTIFICATION, ACCESSORIES, CHARACTERISTICS, BENEFITS, OR QUANTITES OF A GOOD OR SERVICE.
- REPRESENTING GOODS AS ORIGINAL OR NEW WHEN, IN FACT, THEY ARE DETERIORATED, ALTERED, RECONDITIONED, RECLAIMED, OR USED.
- FALSELY STATING THE CERTAIN SERVICES, REPLACEMENTS, OR REPAIRS ARE NEEDED.
- ADVERTISING GOODS OR SERVICE WITH THE INTENT OF NOT SELLING THEM AS ADVERTISED, OR WITH THE INTENT OF NOT HAVING ENOUGH IN STOCK TO MEET REASONABLY EXPECTED DEMAND.
- DISCONNECTING, TURNING BACK, OR RESETTING THE ODOMETER OF A VEHICLE TO REDUCE THE NUMBER OF MILES INDICATED.
- PASSING OFF GOODS OR SERVICES AS THOSE OF ANOTHER (FOR EXAMPLE, SELLING COUNTERFEIT GOODS).
- REPRESENTING GOODS OR SERVICES AS HAVING A SPONSORSHIP, APPROVAL, OR CERTIFICATION OF GOODS OR SERVICES.
DO YOU NEED HELP WITH A DECEPTIVE TRADE PRACTICE CLAIM?
If you or a loved one have been affected by Deceptive Trade Practices, we encourage you to consult with our team as soon as possible. With our extensive knowledge and expertise, you can rest assured that should you choose to work with us, you will have legal representation that you can trust. All initial consultations are free, and we don’t charge any up-front fees for representation. We handle all fees on a contingency basis, meaning that unless we’re successful, you don’t have to pay us. Please contact Fulmer Sill at (405)510.0077 for a free consultation.