Fraudulent ads have the ability to lure customers for all the wrong reasons. These ads boost of claims that have no solid backing in terms of research and are promoted only with the intent to sell more products. In such cases, it is important to understand the rights of aggrieved consumers.
Wed Jun 29 2022 | Business Law | Comments (0)
Living in an age of advertisement, we are perpetually disillusioned. The perfect life is spread before us every day, but it changes and withers at a touch -J. B. Priestley.
Some advertisers and brands have taken the quote quite literally. As a consumer, a tempting advertisement on television at times makes us buy products that we don't even need. Imagine the impact when we are looking out to buy a particular product. The 'ever-so-shiny' advertisements leave us feeling embittered after spending a fortune on certain products.
When buying a product, a consumer today mostly relies on what he sees and hears about it. Most of this comes from the advertisements about the product. Television, print, outdoor, radio, events, digital, etc. are all means of promoting a product.
Though there is no precise law or act that deals specifically with fraudulent advertisements or advertisements therewith, the consumer can claim relief up to a certain extent under the Consumer Protection Act, 1986, the Monopolistic and Restrictive Trade Practices Act, 1969, etc.
Deceit in terms of quality, quantity, danger, services, price, etc. that practically prejudice a person's freedom of choice, all constitute fraudulent advertisements. Announcing a gift with a particular product and increasing its amount also constitutes a fraudulent advertisement.
Though we see advertisements making over-the-top claims for many products, one area where the buyer can end up losing a lofty amount of cash and experience harassment is real estate.
Most of the builders in India have a very similar strategy to sell houses. This begins generally with an appealing print advertisement or a gleaming hoarding offering homes at a pre-sale discount and promising delivery within the guaranteed period. Post this, home buyers agree to 10-20 percent of the total cost as an advance. The story begins after this. Most often, a buyer does not get possession of the property even after waiting for 3-4 years, or the property offered does not match up to the standards promised to the buyer.
The paucity of regular authority to monitor the advertisements before they are made public is leading to an increased number of innocent people being hoodwinked by the developers. The dawn of digital advertising has made it even more difficult to keep a tab on the advertisements on electronic media.
In the case of buying a property, a person should carry the due diligence on his part as well. It is always said that one shouldn't completely rely on what they see or hear. Hence, it's always sensible to carry out personal research as well.
FMCG companies are known to frequently make false claims about their products. These claims can be with regards to the weight, nutritional value, ingredients, etc. of the item for consumption. All of this constitutes unfair trade practice.
Each day, we see advertisements making claims of quick results from slimming to a healthy heart and faster growth for children. There are various chocolate drinks for kids that claim that you could become taller, sharper, etc. Certain cereal brands claim to slim you down if consumed regularly. These brands mostly don't carry out any studies to prove their claims. As a result, consumers are left feeling cheated. In numerous instances, consumers also face major health hazards due to the harmful effects of the product not mentioned in the advertisements and promotions of the product.
Under the Consumer Protection Act, 1986, a consumer has every right to be protected against the marketing of goods and services which are hazardous to life and property. It provides the right to be informed about the quality, quantity, potency, purity, standard, and price of goods, or services. Hence, if a consumer is buying an electronic item or the likes, they have every right to know the open and accurate details of the product.
Despite following a complete due diligence activity, if a person is harmed and needs righteousness by the court, they need a valid agreement of the property/ commodity bought original advertisement & related paperwork to prove the facts and the harm caused.
To institute that an advertisement is false, a petitioner must prove that:
A false statement of fact has been made by the advertiser about the goods, services, or commercial activity leading to the deception of the audience. And the deception has either resulted in or is likely to result in injury.
A person must furnish all the documents, deeds, agreements, etc. that they haveto solicit a remedy in case harm has already been done.
Though the Consumer Protection Act, 1986 classifies misleading advertisements as 'unfair trade practice', there has been an increasing need to specifically guard the consumer against misleading advertisements.
Currently, there are numerous platforms for a product to get itself advertised and publicized. Despite being a challenging task, it is the job of the brand to verify whether the content of those advertisements adheres to the codes of conduct under various laws.
The number of advertisements that are patently false and misleading, promoting dubious products and making unsubstantiated claims is significant in India. In fact, most of these advertisements escape the scrutiny of regulatory bodies.
In this world of claims and counterclaims, it is extremely important for a consumer to keep his eyes and ears open and not let any false claim take him for a ride.
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