How are class action suits involving advertising law handled?
Class action suits involving advertising law in Texas are handled by the legal system. These suits are pursued when a person or group of people suffer some form of harm as a result of false or deceptive advertising. Before filing a class action suit in Texas, the plaintiff must prove that the advertisement is false or misleading; that the plaintiff relied on the advertisement to make the purchase; that the plaintiff was actually harmed as a result of the purchase; and that the plaintiff is a member of a large enough group to make a class action suit viable. Once a class action suit has been filed, a court will determine if the plaintiffs have a valid case and, if so, will certify the suit as a class action. This means the court recognizes that the plaintiffs have valid claims and that the class of plaintiffs is large enough to warrant a class action suit. The court then assigns a representative plaintiff and a lawyer to serve as the class representative. The representative plaintiff will act as a leader and spokesperson for the class. Once a class action suit has been certified, the court will then set a date for the trial. During the trial, the class representative and the lawyer will present the case and evidence on behalf of the class of plaintiffs. If the court finds in favor of the plaintiffs, the court may order the defendant to change the advertisement, to make financial restitution to the class, or to take other action to correct the false or deceptive advertising.
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