While advertising needs to be truthful, some companies make it a habit to make customers pay more for products; they are made to believe that these products have higher quality than their rivals. In California, no company should mislead customers in terms of price, quality, and the value of the product or service. While companies engage in false advertising, despite the warnings from federal and state laws, this might be a bad strategy for the company’s future. If consumers make uninformed decisions based on false advertising, they have a right to file a lawsuit. If you think you have been misled, the only way to seek justice is to file a class-action lawsuit.
False Advertising Class Action Lawsuit
If you have relied on false adverting as a group of consumers and have been negatively harmed, you can qualify for a class-action lawsuit. You can work this out with the help of the best class action attorneys in California. However, to do this; you may need to be “certified.” Obtaining certification means that you need to have the below set out in order:
- You must have a class representative who will protect the member’s rights
- The person you’ve chosen to represent you in the class action must have the same claim as other members of the class
- Every member of the class must be suffering from the same complaint or the same wrongdoing
Once you file a class action, the court will make sure to identify every consumer who may be included in the class. They will then make the necessary efforts to inform them of the legal action’s existence. Since procedural rules or how the class actions are carried out differ by federal and state rules, a class action attorney may offer advice on what’s needed for a successful lawsuit.
How to Protect Yourself Against False Advertising
California state laws protect consumers by regulating advertising to ensure that companies that have misleading information or plan to deceive face the law. While some companies claim that they never knew about it, that fact becomes irrelevant if they are sued. The company should bear the consequences as per the Federal Trade Commission agency. To ensure you’re free from false advertising from such companies, you should take note of the following:
- Be keen when the company indicates a product is without charge: Any company stating that a product or service is without charge should make the consumers understand that there are no limits to this. Meaning, there should be no unstated terms or conditions.
- Be informed about the product or service you’re purchasing: You should research the product you need to buy, get to learn of its qualities, have a price range in mind, and also get to understand the items that may be available.
- Be careful about the product performance claims: This is where companies lure customers to believe they are getting a great deal. You should request for evidence from the seller. For instance, if you’re buying beauty products, you can request for clinical trials conducted on the product to show its capability of performing.
What You Need To Know When Filing A Class Action Lawsuit
In general, everyone who has been affected by false advertising can start up a class action lawsuit. The only thing to consider first to ensure one undergoes the process with ease is first to consult a class action attorney. The attorney can advise on whether the class action is to be filed. This will happen during your initial consultation. If the attorney believes you have a case, then he/she may request the relevant documents for reviewing. This is to have valid evidence to present to the court. After filing the class action lawsuit, it rests solely on the hands of the judge to determine whether the case on hand can continue as a class action. Therefore the judge may have to check whether:
- The number of consumers who relied on the false advertising: If the number is few, the judge may decide that each member file their own lawsuit.
- Whether these members share the same injuries: The false adverting claim injuries must be common to every member of the class
- Whether the lead plaintiff or the class representative will serve in the best interest of the proposed class: This is important since the person who initiates the class action may have suffered more injuries than the others. If this is so, the judge may rule the plaintiff to file his/her own lawsuit
The above are just some of the questions the judge may ask before coming up with the strategy to deal with the case. However, the main thing would be to get experienced class action attorneys who have some experience in handling class action lawsuits. They can convince the judge to rule the case towards your favor. Again, judges tend to know seasoned lawyers. Thus they will be inclined towards believing your situation and therefore, may offer the best solution for your case.
