Maitland Deceptive & Unfair Trade Practices Attorney
The free market encourages a certain degree of rule-bending, and even back-stabbing of the competition. However, there is a line in the sand that all businesses must adhere to. There are certain actions that are prohibited by the Federal Trade Commission Act, and these include unfair and deceptive trade practices such as false advertising, deceptive pricing, and failing to comply with manufacturing standards. These rules under the Act were created not only to protect consumers from companies, but to protect other businesses from those who would seek an unfair advantage in the marketplace. Whether you are being accused of using an unfair or deceptive practice by a consumer or another party, or you are a business owner that has suffered harm due to breach of contract, defamation, or another form of unfair and deceptive trade, we can help. The Maitland deceptive & unfair trade practices attorneys at The Hornsby Law Group are here to help you resolve this dispute in the best manner possible for the longevity and success of your business.
Unfair Trade Practices
Under the Federal Trade Commission Act, the following elements make a particular trade practice unfair, and therefore illegal. If an act or practice has one of the following, it is considered unfair:
- It causes or is likely to cause substantial injury to consumers
- It cannot be reasonably avoided by consumers
- It is not outweighed by countervailing benefits to consumers or to the competition
Deceptive Trade Practices
Deceptive trade practices include practices or acts that include one or more of the following elements:
- A representation, omission, or practice misleads or is likely to mislead the consumer
- A consumer’s interpretation of the representation, omission, or practice is considered reasonable under the circumstances
- The misleading representation, omission, or practice is material
Examples of Unfair and Deceptive Trade Practices
In order to meet the threshold of being an unfair or deceptive trade practice, the wrongdoer’s act must actually be unfair and deceptive by definition, be in relation to commerce, and cause harm to the plaintiff. As such, if a business made a pricing error but corrected the mistake and refunded a customer, no wrong-doing was committed. Examples of actual unfair and deceptive trade practices include:
- A business making untrue claims about another competing business with the intent of causing the competitor to lose clients or customers
- Advertising one price but charging a higher price
- Creating fake endorsements for a product or service
- Making false claims about a competitor’s product
- Making false claims about one’s own product
- Bait and switch sales tactics
- Making fake guarantees about a service
- Withholding information about a product or service
Call a Maitland Deceptive & Unfair Trade Practices Attorney Today
We represent businesses that have suffered financial harm from another party that has used unfair and deceptive trade practices, as well as those that have been wrongly accused of using such tactics. For unparalleled legal representation, we urge you to reach out to the deceptive and unfair trade practices attorneys at The Hornsby Law Group today to schedule a free consultation.
