How to file complaints against misleading advertisements on social media?

With the rise of social media platforms like Instagram, Facebook, YouTube, and Twitter, advertising has evolved, becoming more interactive and personalized. However, this also raises concerns about misleading advertisements, where brands or influencers promote products or services using false, exaggerated, or deceptive claims. Under the Consumer Protection Act, 2019, consumers are protected against unfair trade practices, including misleading advertisements. This law also provides a framework for filing complaints and seeking compensation for deceptive advertising practices.

How to File Complaints Against Misleading Advertisements on Social Media

• Identify the Misleading or False Claims
  Before filing a complaint, make sure to identify the misleading aspects of the advertisement. These may include:
• False claims about a product’s benefits, features, or effectiveness.
• Exaggerated product results, such as instant weight loss or guaranteed flawless skin.
• Misleading pricing, like showing discounts that are not real or hiding hidden costs.
• Unsubstantiated testimonials or reviews, especially if influencers or celebrities endorse products without proper disclosure.
• Gather Evidence
  To strengthen your complaint, gather all relevant evidence, such as:
• Screenshots or recordings of the misleading advertisement (whether it's a post, story, video, or tweet).
• Details of the advertisement (e.g., the product or service being advertised, platform name, date of advertisement).
• Any promotional material or claims made by influencers or brands (such as promises of results, benefits, or pricing).
• Product information or screenshots of product descriptions from the brand’s website or online store.
• File a Complaint with the Platform
  Most social media platforms have mechanisms in place to handle misleading content:
• Facebook, Instagram, Twitter: These platforms allow users to report posts, ads, and pages that violate community guidelines, including misleading or deceptive advertisements.
  • On Facebook/Instagram, click on the three dots on the post, select Report, and follow the prompts to select Misleading or Deceptive Content.
  • On Twitter, click the three dots on the tweet and select Report Tweet, then choose It's misleading or deceptive.
• TikTok, YouTube: These platforms also have reporting tools to flag ads and influencer content that violates their advertising policies.
• Document the report you made (for example, confirmation emails or screenshots of the report submission).
• File a Complaint with the Central Consumer Protection Authority (CCPA)
  The Central Consumer Protection Authority (CCPA) was established to protect consumers against unfair trade practices, including misleading advertisements. Under the Consumer Protection Act, 2019, the CCPA can:
  • Investigate complaints about misleading advertisements on social media.
  • Issue guidelines to regulate deceptive advertising.
  • Impose penalties or direct the removal of misleading advertisements.
• Steps to File a Complaint with CCPA:
• Visit the Consumer Complaints Portal (https://consumerhelpline.gov.in/).
• Select Misleading Advertisement as the issue type.
• Provide detailed information, including the advertisement content, social media platform, and evidence (screenshots, links, etc.).
• Submit the complaint and await a response. The CCPA will investigate the claim and take action against the advertiser.
• File a Complaint with the Advertising Standards Council of India (ASCI)
  The Advertising Standards Council of India (ASCI) is a self-regulatory body that oversees advertising content in India. If you feel the advertisement is misleading, you can file a complaint with ASCI.
• Visit the ASCI website and file a complaint under their Consumer Complaints section.
• Provide the details of the advertisement and the nature of the complaint.
• ASCI reviews the complaint, and if it finds the advertisement misleading, it will issue guidelines or ask the brand to modify or remove the ad.
• ASCI can also take action against influencers who promote products with false or unverified claims.
• Legal Recourse Under the Consumer Protection Act, 2019
  Under the Consumer Protection Act, 2019, misleading advertisements can be treated as unfair trade practices and deficiency of service. If the advertisement led to any financial loss or harm (e.g., purchasing a product based on false claims), you have the right to seek redressal through the Consumer Forum.
• Steps to File a Complaint with the Consumer Forum:
• Identify the forum based on your claim’s value:
  • District Consumer Forum (up to ₹20 lakh).
  • State Consumer Commission (₹20 lakh to ₹1 crore).
  • National Consumer Commission (above ₹1 crore).
• Submit your complaint with evidence of the misleading advertisement, the product purchased, and any losses suffered (monetary or otherwise).
• Request a refund, compensation, or product replacement based on the unfair advertising practices.
• Report to the Ministry of Consumer Affairs
  The Ministry of Consumer Affairs has taken steps to curb misleading advertisements through stricter regulations. Consumers can file complaints or raise awareness regarding misleading digital advertisements via the Ministry’s grievance portal. This helps bring attention to unethical marketing practices and influence stronger regulations in the future.

Compensation and Consequences of Misleading Advertisements

• Refund: Consumers can seek a full refund for any product purchased due to misleading advertisements.
• Replacement: Consumers can request a replacement with a product that matches the claims made in the advertisement.
• Compensation: Consumers can claim compensation for financial losses, mental distress, or other inconveniences caused by the misleading advertisement.
• Action Against the Advertiser: The Central Consumer Protection Authority (CCPA) and the Advertising Standards Council of India (ASCI) can take action, including imposing penalties or removing the deceptive ads.

Example

Suppose a consumer sees a social media post by an influencer claiming that a skincare product will cure acne in 7 days with no scientific backing or verified results. After purchasing the product, the consumer finds no improvement, and the product caused irritation.

• Steps the consumer should take:
• Take screenshots of the misleading post or video by the influencer.
• Report the post to the social media platform (e.g., Instagram or Facebook) as misleading or deceptive.
• File a complaint with CCPA by submitting the post details, evidence, and the harm caused.
• File a complaint with ASCI if the influencer or brand violates advertising ethics by making unverified claims.
• Seek compensation by filing a complaint with the District Consumer Forum, requesting a refund or compensation for the harm caused by the misleading advertisement.

Conclusion

Consumers have several options when dealing with misleading advertisements on social media. Reporting through platforms like Facebook or Instagram, filing a complaint with the Central Consumer Protection Authority (CCPA) or Advertising Standards Council of India (ASCI), and seeking legal recourse under the Consumer Protection Act, 2019 are all viable solutions. Consumers are encouraged to be proactive, gather evidence, and understand their rights to take effective action against misleading or deceptive marketing practices.