As a consumer, you should be able to trust that the services and products you purchase will deliver as promised by the seller's advertising descriptions. Unfortunately, many companies make false or misleading claims in order to deceive consumers and bolster sales. Some of the largest recent class action false advertising lawsuits have been against major food, drug, and automobile companies.
If you have been deceived by false advertising, contact Markoff Leinberger consumer law attorneys at 888-517-9115 for a free case evaluation. Consumers have the right to truthful advertising, and you could be entitled to compensation.
Class Action Litigation
In many instances, the amount of monetary damages suffered by an individual plaintiff is too small to justify filing a false advertising claim. However, when combined with the cases of other victims who suffered the same damages, recovery can be substantial. This is why many false advertising claims are filed as class action suits.
Here at Markoff Leinberger, our attorneys are experienced in handling false advertising class action suits. We represent plaintiffs in cases involving:
- Bait and switch schemes
- Deceptive labeling
- Hidden fees and surcharges
- False promises
- Failure to disclose important information
- Footnote disclaimers
- Shrink wrapped disclaimers or agreements
Consumer fraud laws have come a long way, and now consumers have more power than they often realize to take on unfair or deceptive business practices.
Bait and Switch Schemes
A bait and switch scheme occurs when a company advertises a product or service at a certain price, then does not follow through on that price. It's important to note that advertising one price then trying to upsell the customer on a different, higher priced item is not illegal, as long as the company is willing to follow through on the original price in the end.
Common examples of bait and switch schemes include:
- "Teaser" rates with undisclosed price increases at a later date
- Offering one rate, then adding on other fees and costs
- A price advertised that only applies to a very narrow type of product
If you feel you have been the victim of a bait and switch scheme, don't hesitate to contact Markoff Leinberger for your free consultation.
Food Mislabeling Litigation
It is your legal right as a consumer to purchase foods that are safe and properly labeled. However, big food corporations consistently mislabel their products and make deceptive claims in order to make more sales. In recent years, more consumers have wised up to these tactics and filed suit, forcing companies to retract false statements and pay out settlements.
Some of the food laws and regulations to be aware of are:
- Pure Food and Drugs Act of 1906: Prohibits interstate commerce of misbranded and adulterated foods, drinks, and drugs.
- Nutrition Labeling and Education Act of 1990: Requires all packaged foods to bear nutrition labeling, and mandates that all health claims for food, such as "low sodium" or "low fat", be consistent with standardized definitions.
- Food Allergen Labeling and Consumer Protection Act of 2006: Requires all ingredients derived from 8 allergenic foods be described on the label.
- Food Safety Modernization Act of 2011: Aims to ensure the U.S. food supply is safe by shifting the focus from responding to contamination to preventing it. This is perhaps the most sweeping reform of our food safety laws in over 70 years.
Some of the major brands that have been hit with successful class action suits in recent years include Kellogg's, Nutella, Dannon Activia, and Red Bull. Don't think that just because a company is big they're invulnerable - this is far from the case.
Schedule Your False Advertising Consultation
If you have been a victim of false advertising, contact Markoff Leinberger today at 888-517-9115 for your free legal evaluation. We serve clients in and around Chicago, Illinois and nationwide.