New answers tagged consumer-protection
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The Contract
Who is responsible for loss or damage to goods in transit (as between the parties) is a matter for the parties to determine and agree. The carrier may have liabilities to either or both of the parties under their contract or if they were negligent but that is beside the point.
In B2C transactions, some jurisdictions explicitly place this ...
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Yes for California.
Depending on whether it’s a service, a goods or a person they promote Civ. Code § 1770 (a) (2) or (5) would apply:
“The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are ...
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united-states
Yes.
Last week, the FTC issued a statement explicitly stating that the following practice, among others, is a violation of the FTC act:
misrepresenting an endorser as an actual, current, or recent user of a product
To clarify, these laws are not new. The FTC's announcement is a reminder of existing law.
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Suppose such an ad lied about the people not being actors, but everything it said about the product was objectively true. Would this constitute false advertising?
No, or at least under Utah law it is not actionable.
Garrard v. Gateway Financial Services, Inc., 207 P.3d 1227, 1229 (2009) points out that "[t]he Utah Unfair Practice Act [...] prohibits [.....
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Yes
australia
This is a straight up and down case of “deceptive and misleading conduct”. There is plenty of case law to support that testimonials (which this is) must be genuine, not paid for as they are from an actor.
Further, they cannot be cherry-picked. If 5 real people reacted and 2 reacted negatively, you cannot just show the 3 who reacted positively - ...
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You have to look at the contract, which is that thing they made you sign before the treatment. The primary rule is that the written contract rules (look for a clause saying that "this is the whole agreement" – there is a legal principle, the 4 corners rule, that precludes verbal statements from determining what the agreement is), and the contract ...
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You do not owe the money
Your contract with the dentist was clear: $120 + insurance for a crown and filling.
If this were a construction contractor or a car salesman, the question wouldn’t arise: if they made a mistake in their pricing, that’s their problem. It’s no different for your dentist, they are bound by what they agreed in the contract.
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This is an internet transaction
Internet transactions can be reversed within 14 days after delivery of physical goods without the need to state reasons in Germany. That is "Rücktritt vom Kaufvertrag". However, you are needed to send back the product and might be required to pay the shipping fees, depending on the original contract.
This is a ...
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