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Business and Professions Code 12024.2 BP (False Pricing)

May 30, 2022 Federal Criminal Attorneys

The legal definition of false advertising in California is any statement made in a commercial setting that is likely to mislead or deceive the consumer. This includes both written and spoken statements, as well as visual representations. False advertising can come in many forms, including:

• Misrepresenting the price of a product or service

• Making false claims about a product’s efficacy

• Claiming that a product has certain features that it does not actually have

• Failing to disclose important information about a product or service

• Making false or misleading statements in an advertisement

• Using bait-and-switch tactics to lure customers into a purchase

If you believe that you have been the victim of false advertising, you may be able to file a lawsuit against the company responsible. In some cases, you may also be able to recover damages.

  • It is an unfair practice to advertise a price for a commodity and then refuse to sell the commodity at that price.
  • Advertising a sale or special offer of merchandise at less than regular retail prices is not considered bait advertising if the seller has sufficient quantities of the advertised merchandise in stock to meet reasonably anticipated demands.
  • A person who advertises, posts, marks, displays or quotes a price for any commodity which includes an amount for any tax must clearly indicate that tax in the advertisement, posting, marking display or quotation.
  • It is an unfair practice to advertise a price for a commodity and then require the buyer to pay an additional amount for that commodity as a condition of sale.
  • It is an unfair practice to advertise, post, mark, display or quote a price for any commodity which includes an amount for any tax and then require the buyer to pay an additional amount as tax on that commodity as a condition of sale.
  • A person who advertises, posts, marks displays or quotes a price for any commodity which includes an amount for installation charges must clearly indicate those charges in the advertisement posting marking display or quotation.
  • It is an unfair practice to advertise, post mark display or quote a price for any commodity which includes an amount for installation charges and then require the buyer to pay additional installation charges as a condition of sale.

What is the penalty for false advertising in California?

Penalties. A person who violates this section is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the consumer affairs agency or any district attorney …

Can I sue someone for false advertising on Facebook?

The FTC can take action against companies and website owners that make claims about products without having scientific evidence to back up their claims. If your competitors are making false claims about their products on Facebook that could affect your business, you may be able to file a lawsuit against them.

Can I sue someone for false advertising on Instagram?

Yes, you can sue someone for posting pictures on Instagram if they are not yours. If you choose to proceed, you will need to prove that the person knew they were yours and used them without your consent. This could be difficult to do because it is hard to prove what someone was thinking at any given time.

What is false or misleading advertising?

The FTC Act prohibits unfair or deceptive advertising in any medium. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if relevant information is left out or if the claim implies something that’s not true.

Can I sue someone for false advertising on Snapchat?

Yes, you can sue someone for posting pictures on Instagram if they are not yours. If you choose to proceed, you will need to prove that the person knew they were yours and used them without your consent. This could be difficult to do because it is hard to prove what someone was thinking at any given time.

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