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Suggestions regarding action that citizen can take against Misleading Advertisements

Start Date :
Jan 01, 2015
Last Date :
Jan 24, 2015
04:15 AM IST (GMT +5.30 Hrs)
Any consumer movement can be successful only with the whole-hearted participation by the consumers. All the citizens of the country are consumers in one way or the ...
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sanjay negi
11 years 8 months ago
Citizens have to do nothing in this. It is the class action law suites which must be processed by the judicial system.
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LAXMI PRASAD BODA
11 years 8 months ago
On the other hand, an advertisement that claims men who use Deodorant X will attract hordes of single, attractive women isn’t a breach of the Fair Trading Act because it is so exaggerated that no reasonable person would expect to be substantiated. This is what we call “puffery”.
If you believe a business is making unsubstantiated claims about their product – even if they are true – you can make a complaint to the Commerce Commission.
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LAXMI PRASAD BODA
11 years 8 months ago
When determining whether advertising is misleading, several factors shall be taken into account. These are:
the characteristics of the goods or services concerned;
the price;
the conditions of delivery of the goods or provision of the services involved;
the nature, attributes and rights of the advertiser.
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LAXMI PRASAD BODA
11 years 8 months ago
The Advertising Standards Authority for Ireland will also deal with complaints from members of the public about possible misleading advertisements.
You do not have to prove that claims made in the advertisement are inaccurate. If the advertiser/trader cannot prove, on the balance of probabilities that the claims made in the advertisement are accurate, the advertisement will be judged to be misleading.
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LAXMI PRASAD BODA
11 years 8 months ago
If you find an advertisement that you consider to be misleading you should contact the Competition and Consumer Protection Commission (CCPC). Under the Consumer Protection Act, the the CCPC is empowered to take action against businesses which mislead the consumer. Where you have bought badly as a result of misleading advertising the CCPC cannot get compensation for you. You may have a case against the advertiser for compensation (you may be entitled to take a case in the Small Claims Court
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LAXMI PRASAD BODA
11 years 8 months ago
The attributes of the advertiser, (the advertiser's identity, assets etc.) were untrue. (Example: 'an Irish based company' turns out to be based abroad)
Advertisements can be deceptive in other ways. For example, if they conceal or leave out important facts. (Example: '50% off everything' - really only applies to certain items). Advertisements are also considered misleading if they create a false impression even if everything stated in the advertisement may be literally true.
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LAXMI PRASAD BODA
11 years 8 months ago
Claims made about the characteristics of goods and services contain a false statement of fact. (Example: A product weighs 900g instead of 1 Kg)
The price or manner in which the price is calculated, is misrepresented. (Example: Goods are not offered at sale prices, but advertised as such)
The conditions of supply of the goods or service differs to that advertised. (Example: 'free delivery' actually involves a fee or charge)
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LAXMI PRASAD BODA
11 years 8 months ago
Misleading advertising means advertising that deceives or is likely to deceive anyone that sees it. Misleading advertising may affect consumers’ choices regarding what they buy. It’s worth bearing in mind, that it may be an offence for a trader to advertise good or services if it is likely to mislead and therefore cause loss, damage or injury to the public. The following are examples of how advertisements can be misleading:
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rajkumar dohare
11 years 8 months ago
1. right to get all the details of person who has given advertisement to agency or promulgated company.
2.promulgate or spread to beware others from these type of misleading advertisement via social network, internet, mobile network, or other sources.
3. use social forum to spread the awareness
4. use platform of social welfare NGOs
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Nagendrasena Manyam
11 years 8 months ago
1) A database of products should be created and consumer should give star rating and review on such product by registering their mobile for authentic vote. 2) If any consumer wants to buy such product, they van check the positive, negative points & reviews of such product by other consumer. 3) If that product is banned by court or by govt. and if still it is being sold, then consumer can report to the complaint section of that website. 4) This website should be controlled by govt.
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