false advertising

California Advertising

California’s False Advertising Laws and the “On Sale” Price

Most consumers like a bargain. Businesses understand that people are more likely to respond to advertisements for products and services that are “on sale.” However, please be aware that, according to California advertising law, the promotional sale price must actually reflect a discount from the original price. This means that the particular item must have […]

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false advertising

California Court Rules in Ensure False Advertising Case

The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law (“UCL”), the False Advertising Law (“FAL”), and the Consumer Legal Remedies Act (CLRA”). Combined, these laws serve to both protect consumers and afford legal recourse in the event of a company’s

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False Advertising and Football: Jets and Giants Accused of Marketing Violations - Klein Moynihan Turco LLP

False Advertising and Football: Jets and Giants Accused of Marketing Violations

On January 3, 2022, a football fan filed a class action lawsuit against the “New York” Jets and Giants for alleged marketing violations. Specifically, the complaint alleged that the two professional football organizations engaged in false advertising and deceptive marketing practices by continuing to employ “New York” in their teams’ name when, in fact, the

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FTC Cracks Down on Fake News - Klein Moynihan Turco LLP

Fake it ‘Til You Make It: FTC Brings Down the Hammer on False Reviews

In the past, the Federal Trade Commission (“FTC”) warned, and subsequently penalized, businesses that publish misleading and false reviews or endorsements. Now, the FTC is taking things up a notch, by utilizing its Penalty Offense Authority to alert businesses of the fact that the Federal Trade Commission Act (the “Act”) will be enforced even more

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False Advertising: What You Need to Know

False advertising occurs when a business makes a misleading, deceptive, or plainly false claim about a particular product or service. There are currently a host of state and federal laws aimed at addressing false advertising, the most prominent of which is the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b).  As articulated by

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University of Phoenix Settles FTC Deceptive Advertising Law Allegations

December 12th, 2019 On December 10, 2019, the Federal Trade Commission (“FTC”) announced a settlement with the University of Phoenix and its parent company, Apollo Education Group (“AEG”), for $191 million dollars.  This $191 million dollar settlement is the “largest settlement the FTC has ever obtained against a for-profit school.” This settlement is the culmination

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FTC Settles Deceptive Advertising Lawsuit against Operators of Online “High School”

February 27, 2017 Two weeks ago, the Federal Trade Commission (“FTC”) announced  multi-million dollar settlements with the operators of two online “high schools.”  According to a complaint filed by the FTC last year, Capitol Network Distance Learning Programs and Stepping Stonez Development, LLC, along with their respective principals (collectively, the “Defendants”), falsely advertised that their

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FTC Settles “Made in USA” False Advertising Claims

February 2, 2017 On Wednesday, the Federal Trade Commission (“FTC”) announced settlement of its false advertising claims against iSpring Water Systems, LLC (“iSpring”).  According to the FTC’s complaint, iSpring, a company that sells water filtration systems and parts, falsely claimed and marketed that its products are “built in USA.”  In fact, according to the FTC,

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