As an Internet law litigation firm, Hinch Newman possesses extensive experience representing clients in sophisticated Internet unfair competition litigation matters. Cyberspace is just another advertising medium and the same basic rules apply to Internet marketing that apply to any other form of consumer marketing or advertising.
Advertising must be truthful and not mislead consumers. The Federal Trade Commission Act permits the FTC to act in the interest of all consumers to prevent deceptive and unfair trade acts or practices. The FTC has determined that a representation, omission or practice is deceptive if it is likely to mislead consumers and affect consumers’ behavior or decisions about the product or service. Claims must be substantiated, especially when they concern health and safety. Disclaimers and disclosures must be clear and conspicuous.
There are countless examples of false advertising and unfair competition on the Internet. The body of law governing unfair competition and false advertising on the Internet is comprised of a combination of federal and state legislation, as well as common law. It serves to protect the ability of businesses to distinguish themselves and their products and services. It also serves to cultivate and preserve goodwill. Additionally, the law seeks to increase competition and promote stability by encouraging consumers to rely upon a merchant’s trade name and reputation while comparing the quality and prices of a competitor’s products or services.Both individual and class action consumer protection litigation are often brought in California under the Unfair Competition Law (“UCL”), California Business and Professions Code Sections 17200 through 17209, the False Advertising Law (“FAL”), California Business and Professions Code Section 17500, and the California Consumers Legal Remedies Act (“CLRA”), California Civil Code sections 1750 through 1784. The UCL was designed to protect competitors and consumers from unfair, unlawful, and fraudulent business practices and requires that a plaintiff establish the loss of money or property as a result of the alleged violation.
If you are the victim of Internet false advertising or deceptive business practices, it is crucial that you contact an accomplished Internet law litigation attorney who can advise you with regard to the applicable federal and state remedies that may be available to you, including injunctive relief and/or actual monetary damages. Alternatively, if you have been wrongfully accused of such violations we will implement an aggressive and cost-effective defense strategy, including a detailed analysis of regulatory factors used to evaluate the conspicuousness and prominence of required disclosures in online advertisements. For assistance with an unfair business practices litigation matter, call us to set up a free telephone consultation. You may also contact us by email at [email protected] or via our Free Online Case Submission Form.