What types of remedies are available in a false advertising claim?
In Indiana, a person filing a false advertising claim under the Unfair Competition Law may be entitled to a variety of remedies. These remedies attempt to put the claimant in the same position as they would have been had the false advertising not occurred. One remedy may be compensatory damages. This type of damages awards the claimant an amount of money that will put them in the same financial position as they would have been in had the false advertisement not occurred. Courts may also issue an injunction to stop the defendant from continuing to falsely advertise their product. The court may order the defendant to make corrective advertisements or take other actions in order to correct the false advertisement. The court may also award punitive damages if it finds that the defendant acted with an intent to deceive or with malicious purpose. Punitive damages are not intended to compensate the claimant but instead to punish the defendant and to deter them from engaging in similar behavior in the future. Lastly, the court may also award attorney’s fees if it finds that the false advertising was willfully or knowingly done. Attorney’s fees will allow the claimant to compensate their attorney for the legal work done in pursuing the claim. Overall, the claimant has the opportunity to pursue a variety of remedies if they pursue a false advertising claim under Indiana’s Unfair Competition Law. These remedies may include compensatory damages, an injunction, punitive damages, and attorney’s fees.
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