Deceptive or unfair advertising is against the law in San Diego. Advertisers in San Diego are held to a high standard, and you can hold a competitor accountable for misleading and unfair advertising. Statements or claims made in advertisements that are untrue or deceptive fall under the California unfair competition laws. The Watkins Firm has decades of experience helping the San Diego business community to stop a competitor from false advertisement and to keep a level competitive playing field.
What is Unfair Competition?
Unfair, untrue, misleading or deceptive advertising practices in California are addressed under an area of our law known as “Unfair Competition.” The California Unfair Competition law covers deceptive, untrue and misleading advertising as well as unfair business practices such as business fraud and misrepresentation.
There are many practices which may constitute unfair competition. It can happen when a former employee misappropriates your business trade secrets and/or customer or supplier information. Unfair competition laws encompass many illegal business behaviors such as fraud, false representations, as well as unfair, deceptive, untrue and misleading advertising.
Generally speaking, California’s Unfair Competition laws set the boundaries of the playing field upon which good business is to be conducted. Let’s be clear: in a football game, the field is wide and there is a lot of room between the sidelines. The same is true for business. This is a competitive undertaking, no doubt. However, there are definitely boundaries California has established to prevent other businesses from competing with your company outside of what is fair and true.
Examples of Deceptive or Unfair Advertising
In one example of deceptive or unfair advertising a competitor may create price tags which mislead consumers by adding a false value such as “Compare At” or “Retail Price” to make their “sale” price look all the better. “Bait and Switch” is another example of how unfair advertising is against the law in San Diego. In many cases, companies attempt to charge hidden fees to credit accounts or account holders which were not disclosed prior to the transaction.
California law prohibits advertisers from using untruths, manipulative terms, misrepresentations or misleading descriptions in order to position or sell their product or service. A few additional examples of genuinely misleading advertising include but are not limited to:
- Making a false claim about their product or it’s application
- Fraudulent or misleading claims about a product’s ingredients
- Misrepresented or false information in the ad or on the price tag such as untrue “Compare At” or “Retail Price” on a clearance or discounted item
- Selling counterfeit goods in place of the genuine article
We Can Put a Stop to Unfair Advertising and Unfair Competition
The Watkins Firm has served the San Diego business community for more than four decades. Our attorneys have the experience and legal skill required to put an immediate stop to the unfair competition or deceptive advertising of a business and recover the financial damages which you have borne as a result of their actions.
Watkins Firm attorneys can seek an immediate stop to the unfair competition or deceptive advertising of a business or individual while taking action to protect your own business and financial interests. Our skilled and experienced business litigation attorneys will seek an injunction from the Court ordering the immediate cessation of the activity in question. We will seek full and fair compensation for any losses or financial consequences you and your company have been forced to bear. In many cases we work to ensure the deceptive advertiser runs “corrective” advertising to make the public and other businesses aware of their actions and to reverse the impact of their unfair competition.
Honest Healthy Competition or Unfair Advertising?
Honest competition is healthy, and California law does not prohibit competitors who are honestly and fairly holding out their strengths and competitive advantages. However, when a company uses deception or misleading messages in their print, broadcast, online or point of sale advertising you should take action.
The Watkins Firm has served consumers and the San Diego business community for decades. We can help you to put a stop to these practices and hold your competitors accountable for their advertising so that consumers and business clients have a fair opportunity to evaluate the market and understand your competitive advantages.
If you are concerned about unfair competition or deceptive advertising of a business or individual in San Diego or Southern California we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
