Definition of Misleading Advertising
Miscellanea / / July 04, 2021
By Florencia Ucha, in Nov. 2010
The advertising consists of the dissemination of commercial advertisements in order to attract potential consumers, buyers or viewers of the product or service in questionTherefore, it is that the notices that are developed to carry out this objective must account for the kindness that the product or service present in order to motivate your consumption.
Advertising: the dissemination of commercial advertisements to promote the purchase of various products and services
Advertising and commercial eagerness go hand in hand. All advertising has the mission of awakening in a recipient the desires and needs of wanting to buy what they advertise, and for that matter, all their efforts will be oriented towards that end.
Meanwhile, advertising can consist of a simple and straightforward oral explanation, up to the production of a very expensive advertisement that will later be published and disseminated by various means of communication. communication massive.
Now, taking into account what advertising is, we will say that the
misleading advertising will be that which in any way, including its presentation, induces or may mislead the recipients, may alter the economic behavior of these, or be able to harm a competitor.Commercial advertisements that are based on false promises or inaccurate information
All advertising will tend as a condition to highlight the positive aspects of the products it promotes and of course it will never assert something that contradicts them, that is law, because otherwise the consumer would not approach the product.
But of course, there is a limit and that is the inclusion of false and inaccurate information, a false promise, which directly misleads the client.
That is absolute misleading advertising.
Likewise, the current regulations in this regard will also consider misleading advertising to that which silence essential data of the goods or products in question and that therefore such a situation induces errors on the part of the recipients of the advertising.
Examples Consumers' right to make claims
In most nations, misleading advertising, as well as its scope, are considered within what is known asright of consumers, as the body of norms that come from the public powers is called and that are exclusively destined to protect the consumer by granting him certain rights and obligations.
Some common cases of misleading advertising are: not including the value added tax (VAT) for which erroneous information is being transmitted, when the recipient is confused as to the maximum quantitative that is advertised and that in reality can never be reached, the concealment in fine print of the economic penalties that will fall on the consumer in case he decides to interrupt the contract before the agreement and the effective non-availability of options that are advertised, such as: the wireless modem in the case of an internet service, which, later, when the consumer requests it, does not appear because in fact they do not have the same.
In other words, deceptive advertising is nothing more than the fraud in which a company incurs against its customers. or potential consumers, by transmitting data or information that is not true about the products that markets.
This situation will of course imply a clear damage against the consumer who buys the product in good faith, because he believes in what the advertising assured you, and then, by using the product or service you verify that you have been absolutely misled because none of that was respected or fulfilled.
This is a very common situation and by case it is that to counteract these unpleasant events, the state has created a series of rules and regulations. State entities that deal with these recurring cases in which companies deceive their customers through advertising, the famous organisms of defense of the consumers that we said.
When you are affected by misleading advertising, you can go to these entities, present your case, and they will receive help to be able to make the appropriate claim, be compensated, and sanction the company that caused the damage in the event that corresponds.
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