What is false advertising?
False advertising is a type of unfair competition that is prohibited by law in Texas. False advertising is when a business or an individual makes a false, misleading, or deceptive statement about a product or service. This includes false claims about the product or service’s features, performance, or benefits. Such false claims or advertising may cause consumers to be misled about the product or service. This type of false advertising is not limited to print or visual media. It may also include verbal statements made by businesses or individuals to potential customers about their product or service. Texas law prohibits such behavior in order for businesses to compete fairly in the marketplace. False advertising may also include bait-and-switch tactics. These fraudulent tactics use the promise of an item that is advertised, only to switch it out with something else of inferior quality or a higher price. This is also considered illegal in Texas, as it misleads potential customers and is considered an act of unfair competition. It is important to note that unintentional false claims about a product or service may not constitute false advertising; however, if a business or individual is aware that the advertised product or service is misrepresented, then that act is subject to legal action.
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