Think you’re a victim of Charter Spectrum false advertising? You may have legal options.
False advertising or misleading advertising, sometimes known as deceptive marketing is any situation where a business presents false or deceptive information to the general public about any aspect of their business including products and services.
The rules about deceptive marketing and false advertising can be found in a collection of state and federal consumer protection laws. Most laws are governed by The Federal Trade Commission Act, which established the FTC in 1914, and has a section that has become known as “truth in advertising” rules. Businesses, according to the FTC rules for false advertising, for example, have to:
Sourced from the FTC with creative input from FairShake.
The FTC has a handful of different categories into which most false advertising can be divided and that can include simple things like mislabeling. Mislabeling is one of the most common forms of false advertising but it covers an array of deceptive practices, things like making an environmental claim about a product with no scientific evidence to back it up or making a false claim about where the product was manufactured.
In New York, the Department of Public Service has fought with Charter Spectrum over the “patently false and misleading claims to consumers”. This department sent a letter to Thomas Rutledge, CEO of Charter, demanding that Charter Spectrum “immediately cease and desist from making certain continued false advertisements and publications about its compliance with its obligations to New York state and its efforts to provide New Yorkers with critical broadband access.”
Judge Robert Drain issued a judgment against Charter Spectrum finding them responsible for misleading advertising fliers sent to customers which violated the federal Lanham Act and similar false advertising laws at the state level for New York, Nebraska, North Carolina, Georgia, Alabama, Ohio, and Kentucky.
There is a class action lawsuit pending against Charter Spectrum for false advertising with regard to internet speeds, a lawsuit that also has Time Warner Cable and Spectrum, as well as Charter Communications listed.
Firstly, remember that if you witness false advertising, you don’t actually have to be hurt by it nor does anyone actually have to be affected by the false advertising in order to convict a company of doing it.
So, you can report Charter Spectrum if you have been taken advantage of by false advertising or if you have seen them using these deceptive marketing tactics, by submitting a consumer complaint to the FTC. The FTC wants to know about the situation so that they can investigate and take action against the company. The FTC might ask them to stop, fine them, or even sue them. You can also submit a complaint to TruthinAdvertising.org where it will go public.
But that doesn’t really help you if you have been wronged by false advertising. In fact, the recourse available to you will depend on your state’s laws related to Unfair and Deceptive Acts and Practices.
What can you do if you have lost money because of false advertising, other than reporting them? You can try customer service but sometimes they either won’t or can’t help you. If that is the case, there are other options. One of those is consumer arbitration.
Consumer arbitration is usually faster and less expensive than trying to go to court. However, there are still deadlines and paperwork, it is a legal process after all. That said, FairShake helps you navigate the consumer arbitration process, from filing your claim to getting the resolution you deserve.
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