Misrepresentation In The Marketplace

According to the commercial speech doctrine, only deceptive speech that is considered commercial may be regulated. General deceptive speech is not commercial, may not be regulated. When deciding what may and may not be regulated, it is important to understand the subtle differences in what is considered commercial and non commercial speech. An analyzation of false advertising would give further understanding to the notion of commercial speech and how it may be degenerative to a society when untruthful.

Another legal definition can be found under the Lanham Act where it is defined as, “Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.” The Lanham Act has a more specific and

Did Westby commit fraud? Fraud constitutes the making of false statements (1) with the knowledge of its falsity or reckless indifference to the truth (2) the intent that the listener relies on it (3) the result that the listener does so rely on it, and (4) the consequence that the listener is harmed.

For purposes of the Statement, fraud is an intentional act that results in a material

2. Made with knowladge of its misrepresentation or without adequate information on the subject to warrant a representation,

Introduction: The smell of a new newspaper, the weight of it as you settle down to read and the way its words inform you of the world's happenings, these are only a few of the reasons why people continue to buy print media. Unfortunately, many articles now contain misrepresentations, for example in the article Baby Found Crying After Hour Locked in A Bus written by Hanna Sbeghen, childcare workers are showcased as undertrained, incapable and inattentive to their jobs and positions the reader to accept this misrepresentation of untrustworthy supervision in childcare. Found on page 10 of the Courier Mail, this article tells the tale of an 18-month-old girl who was left on a bus after being picked up by the Goodstart Early Learning Centre in Parkwood.

Intentional misrepresentation of a pre-existing material fact by the defendant or the omission or concealment of a material fact if there is a duty to disclose; 2. reliance on the misrepresentation or concealment which induces the plaintiff to act, and 3. injury to the plaintiff resulting from the misrepresentation or concealment.(Exhibit “B”)” Generally, when a buyer is injured by a fraudulent misrepresentation by the seller, the liability may be based on the infringement of the fraud. It can be seen in this case that John constitutes a fraudulent act. Initially, before he began advertising his home for sale, he asked the librarian if the local paper would be destroyed.

In the case of Phar-Mor fraud, the company was involved in cover up and some accounts were created to hide the fraudulent activities. Bad inventory counts in the stores were made to help with the cover up and deceit about activities that cost hundreds of millions of dollars. (Williams, S.L., 2011)

According to the state of Florida, fraudulent inducement has four elements: (1) a false statement of material fact; (2) the maker of the statement knew or should have known of the falsity of the statement; (3) the maker intended that the false statement induce another’s reliance; and (4) the other party justifiably relied on the false statement to its detriment. Prieto at 917. The plaintiff must prove that all four elements of fraudulent inducement are met in order to recover. Woodrow at 542. The economic loss rule, fraudulent misrepresentation, and negligent misrepresentation will not be discussed as per your request to specifically bar those claims from this memorandum. However, negligent misrepresentation and fraudulent inducement, although separate claims, are very similar and for that reason courts sometimes analyze them in the same manner. Additionally, a fraud claim must be plead with specificity and particularity and prove how alleged statements are false. Celebration at 833.

1. The definition of puffery is a superlative claims for a product that seem factual but are actually meaningless (Wood 301). It is something that cannot be verified, it is a very popular advertising strategy. When Derek says, “It’s the most popular toy in America, Mom! It’s really cool!” this is an example of a puffery statement (Wood 304). These statements are not meant to be taken literally, they just makes the product look better than another item. It is use to attract buyers, like Derek who once he seen the commercial he really wanted to product.

In the article “Advertising and Behavior Control” there were many arguments for and against advertising. The first and the biggest problem Robert L. Arrington has against advertising is “puffery.” The reason/reasons why Arrington has a problem with puffery is due to the fact that the seller makes exaggerated, or suggestive claims about a product. His overall argument on puffery is that it isn’t just “bragging” but it is bragging that is designed to persuade you to want the item or product being sold. The bragging goes so far as they convince the viewer (of the advertisement) they need the product. Puffery ultimately leads to manipulation, exploitation, and control over what people think of the product. Although Arrington has reasons

Fraud is defined as a deliberate misrepresentation that causes a person or business to suffer damages, often in the form of monetary losses through deception or concealment. And Occupational Fraud as defined by the ACFE is the use of one’s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization’s resources or assets. Traditional fraud triangle theory by Donald Cressey explains that propensity of fraud occurring in an organization lies on three critical elements which are Pressure, Opportunity, and Rationalization.

Cases of false affirmation occurred where the buyer was convinced to buy something by the false statements of the seller;

Salespeople must be honest about the goods or services they offer. For example, salespeople must provide true information and true testimonials to customers. If they believe in the salesperson, they will be interested in purchasing the product. Honesty creates trust. When the salespersons are honest with their customers, they immediately begin to create a relationship of trust with them. So many people appreciate businesses for telling it like it is. The rapport that the salespersons establish with their customers in this instance will do well to secure future relationships. Of course, customers will always want to go back to the business that they trust. They will feel like the salesperson are not misleading them. Therefore, salespeople should not lie to customers by providing false information or testimonials. This is because, when a customer finds out about it, they will feel dissatisfied and they will certainly not be interested in the items offered and they will pass their dissatisfaction on social sites. As a result, it will affect the image of the

SS. Where a reasonable person can understand product packaging and advertisement, the Court should dismiss false advertising complaints against it. See Freeman v. Time, Inc., 68 F.3d 285, 290 (9th Cir. 1995). The facts in this case do not reveal any breach of law. Therefore, the Court should grant Prairie Foods’ motion to dismiss because the claim that the packaging for “Complete Blueberry Pomegranate” cereal is “misleading” is unfounded. California Business and Professional Code § 17500.