No Fee Unless We Win. Free Case Evaluation: 205-933-1500.




BLOG

False Advertising in Alabama

Published: Sep 05, 2016 in Business Law, Defective Products

If you believe you have been a victim of false advertising or another deceptive sales tactic and you’ve lost money, call an experienced business litigation lawyer at Belt, Bruner, & Barnett P.C. at (205) 933-1500 as soon as possible.

Anyone who buys goods or services for personal, family or household use expects that the goods or services will perform as advertised. When you spend money on something that doesn’t work as expected or as advertised, you have essentially wasted money on that item. The Alabama Deceptive Trade Practices Act (ADTPA) works to protect consumers from false advertising and other unlawful trade practices.

Alabama Deceptive Trade Practices Act

The ADTPA lays out 26 specific instances of unlawful trade practices and also prohibits any other unconscionable, false, misleading, or deceptive practice during the conduct of trade or commerce. This means even an action that isn’t defined in the act, but which causes you financial harm may still be unlawful.

Some of the most common deceptive practices are false advertising include, but are not limited to:

  • Advertising goods or services with no intention of selling them as advertised
  • Advertising goods or services without the intent to supply the reasonably foreseeable demand by the public and without stating there is a limited quantity
  • Lying or making a misleading statement about price reductions
  • Knowingly failing to identify damaged goods when they have been damaged by water, fire, or another incident to the point of decreasing their value or making them not work for their intended purpose
  • Lying about a sale based on going out of business
  • Lying about a warranty or guarantee

Taking a Seller to Court

Anyone can fall prey to false advertising, which is why the state is so adamant about protecting consumers. Businesses and sellers are in a position of power. If they lie, they can cause people to lose significant amounts of money on goods and services that are not what was expected.

If you lost money because of someone’s unlawful advertising or business practices, you have the right to recover your economic damages. The ADTPA also provides that the court may, in its discretion, award up to three times your actual damages. The court will take into consideration, among other factors, a number of actual damages awarded, the frequency of the unlawful acts or practices, the number of persons adversely affected and the extent to which the unlawful acts or practices were committed intentionally. An experienced attorney can help you recover what you deserve.

Call the Alabama Business Litigation Lawyers at Belt, Bruner, & Barnett P.C. Today

If you are suffering because of a seller’s unfair or deceptive practices, you need a Birmingham business attorney to help you address the situation and recover your money. The business litigation attorneys at Belt, Bruner, & Barnett P.C. have years of experience taking businesses or individuals who wrong others through unfair practices to court. They have won multiple multi-million dollar settlements in business fraud cases.

For a free consultation, call Belt, Bruner, & Barnett P.C. at (205) 933-1500. With offices in Birmingham, Mobile, Huntsville, and Montgomery, our attorneys will quickly travel to investigate your case.