Think you’re a victim of DISH Network false advertising? You may have legal options.
Curious about false advertising? Maybe you want to report DISH Network for false advertising because they misled you. We explain the laws that govern false advertising, how to report it, and what to do if you have been a victim.
“False Advertising” and “misleading marketing” are official terms that apply to situations where businesses failed to adhere to standards of practice and business laws.
The rules about deceptive marketing and false advertising can be found in a collection of state and federal consumer protection laws. Most laws, however, 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.
If something has ever seemed too good to be true, and in the end it was, that’s a clear-cut example of false advertising. In fact this is the concept behind how the FTC determines misleading marketing practices.
Some examples of the rules outlined in that section are:
Basically it doesn’t matter if a company presented false information or misleading information on purpose, simply doing so can be grounds for investigation and subsequent punishment by the FTC.
What’s more, the FTC makes it clear that you don’t have to have personally suffered from misleading or deceptive business practices in order to report it. In fact, no consumer has to prove that they were affected by false advertising. Simply proving that false advertising or misleading advertising took place is enough.
Note: No one actually needs to be misled for a court to find that an advertisement is misleading.
There are plenty of different types of false advertising, categorized by the FTC. And for every common type of false advertising, companies will try and find a way around the law. One of these examples is puffery. Puffery is not something that would necessarily result in harm like mislabeling or failing to disclose a potential health risk but it’s still very lazy marketing and the FTC still considers it illegal. This is one of the more common tactics because it’s one of those situations where the claims a company makes cannot be proven true or false until most of the time the FTC penalizes that monetarily because the risk itself is not nearly as high as failing to tell consumers when a product might cause them physical harm or property damage. But it’s very good to be on the lookout for something like this because it so often flies under the radar.
The BBB page for DISH Network has over 240 complaints to do with false advertising. Many customers complain about hidden fees, as one customer noted:
“I signed on with Dish Cable on February 15, 2020 based on an advertisement they had stating that as a new Dish customer your monthly payment would be $39.99 per month with a two year contract for two years. This is not the case with them. My first bill came to $46.00, my second bill was $82.97 and my third bill came to $62.31. They have been overcharging me during the Covid19 crisis. I am an elderly woman with a fixed income who cannot afford to pay over charged amounts that are not accurate on their behalf. In addition, they add services that I never requested and are hopeful that the consumer does not notice the monthly bill and we end up paying without noticing what has been done by them. This is entrapment. When I do call, I cannot get someone on the phone because of the crisis and I believe that this is purposely done because they make the consumer tired of holding and as consumers have no choice but to pay. This is a breach of contract on their behalf and its also False Advertising. they should be held liable for deceiving consumers.”
DISH Network had to settle for $280 million dollars for an FTC penalty. The FTC charged them in yet another case with false advertising for failing to tell their customers that upon signing up for a “discounted” price that was “locked in”, it would only apply to one of two years for which customers were contractually bound. Moreover, part of the appeal to this ad was that customer would get three free months of premium movie channels, only, DISH Network failed to inform customers that they had to take it upon themselves to cancel before that was automatically added to their bill. Customers who wanted to cancel after realizing all this, would face a fine up to $480 to do so.
If you see false advertising an action you can report it even if neither you nor anyone else was affected by the false advertising in question. The FTC can still charge a company for doing it.
The FTC relies upon consumers like you to submit reports whenever false advertising happens so that the FTC can investigate and take action. They might issue illegal cease-and-desist letter to DISH Network forcing the company to change the marketing they are using, or fine them. The first step is to submit a consumer complaint to the FTC. You can also submit a complaint to TruthinAdvertising.org where it will go public.
However, if you have been wronged by false advertising, the rules that govern how you can get recourse will depend on your state’s laws related to Unfair and Deceptive Acts and Practices.
Still, if you need compensation because you lost money as a result of false advertising, reporting them to the FTC is a great first step but it doesn’t necessarily get you compensation. You can try customer service, but if customer service isn’t helping either is to use consumer arbitration.
Consumer arbitration is usually faster and less expensive than going to court but it can still be a bit confusing because it is a legal process with a fair amount of paperwork. That’s where we can help. FairShake helps you navigate the consumer arbitration process, from filing your claim to getting the resolution you deserve.
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