Legal Question in Business Law in California

false advertisement

I have an advertisement that says three days only and shoes pictures of many items including a wooden pool table normally 2999 for 987. I went there and there was an asterick on the page referenciing nothing stating pictures for illustration purposes only. the pool table was 1300 in person, I asked about the table and they said the one in the add was veneer and they sold out two weeeks ago, keep in mind the sale was July 4,5,6 and the add just came out. Every item on the paper looked like the item being sold except the pool table had a completely different looking table for 987. When I asked they said they didnt have any more wood tables..i know an add is an invitation to bid, but this was completely false; respond please


Asked on 7/11/08, 10:42 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: false advertisement

There are various provisions of the Business and Professions Code that outlaw unfair or deceptive business practices in general, and in a few cases hone in on specific practices such as bait-and-switch, loss leaders (B&P 17030, 17044), and false or deceptive advertising (B&P 17500).

Your situation might come under either the general provisions or something specific such as bait-and-switch or false advertising, but I'm not sure. I don't follow court decisions in this area. I'd think most of the bigger stores would be aware of the law and careful to skirt anything outright illegal, but I could certainly be wrong.

The real issue for you would be economics of pressing suit against the store. In some B&P actions, the practice is a crime and the action belongs to the District Attorney, and it's uncertain (to me) whether there is a private remedy unless you can prove damages to you. In some cases, a private action would be permitted or necessary, and you'd perhaps even be entitled to recover your attorney fees for bringing and winning the suit.

If you are sufficiently offended by the practice to want to invest some time, I suggest you call a few local attorneys who practice consumer advocacy law and see if you can find someone who'll work with you on a basis you can afford. Alternatively, call or write the DA's office.

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Answered on 7/11/08, 12:34 pm


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