Legal Question in Consumer Law in Texas

Deceptive Advertising

Is it a false advertising to advertise a job for the purpose of gathering personal information (non- financial) which is then sold to a third party without the permission or knowledge of persons applying for the advertised job? If yes, what remedy may be sought? How would one research to determine if a law has been broken under the following circumstances?

A Texas company advertises for job opportunities on the Internet (Monster.com). The applicant receives an email that they are one of a select few candidates for the position. The next phase of the interview process is the completion of a personality questionnaire in order to match the best candidate to the job. The candidate then begins receiving unsolicited email offers. I do not know how to confirm how the companies making these offers obtain the contact information to send their offers to, but the timing is very suspicious.

The ads seem legitimate and those responding are not requested to pay any money. I am unable to confirm if the job advertised in fact exists or if the real purpose of the ad is to obtain information which is then sold to a third party without the approval or knowledge of the individual whose information is being sold.


Asked on 2/04/02, 4:09 pm

1 Answer from Attorneys
Anh Regent Regent & Associates, L.L.P.

Re: Deceptive Advertising

Potential deceptive trade practice. It potentially violates the consumer's right to financial privacy under state and federal law (though there is no private right of action under federal law). I think your instincts are correct that this does not pass the "smell" test. The interesting analysis is: what damages were suffered? Without more information, it's hard to tell. There may be a claim there.

Anh Regent

713-266-1458

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Answered on 2/05/02, 6:48 pm


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