What is false advertising?
False advertising is when a company or individual misrepresents a product, service, or business opportunity to persuade a consumer to make a purchase. In Virginia, false advertising is illegal and may be grounds for a consumer fraud lawsuit. Consumer fraud law in Virginia sets out that any advertisement or statement that deceives a consumer about a product, service, or business opportunity is false advertising and illegal. False advertising in Virginia applies to many aspects of a consumer transaction, such as the quality of a product or service, the quantity of a product or service, warranty information, and the price. To be considered false advertising under Virginia consumer fraud law, the advertisement must be likely to mislead or deceive a consumer, and the consumer must have justifiable reliance on the false advertisement. Virginia consumer fraud law also prohibits deceptive trade practices, which include bait and switch, deceptive pricing, and failure to disclose hidden fees. Bait and switch is a practice where a company advertises one product at a low price, but when the consumer tries to purchase it, they are told the product is unavailable and offered a more expensive one. Deceptive pricing is when a company misleads a consumer about the price of a product or service. Lastly, failure to disclose hidden fees is when a company does not reveal extra charges, such as shipping and handling fees, until after the consumer has made the purchase.
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