How to file complaints against misleading online mobile phone ads?

With the rise of online shopping and digital advertisements, consumers often come across misleading or deceptive ads for products like mobile phones. These ads may feature false claims about a product’s features, pricing, quality, or promises that aren’t fulfilled. Such misleading advertising is not only frustrating but also illegal under the Consumer Protection Act, 2019 and can violate regulations set by advertising bodies like the Advertising Standards Council of India (ASCI). Consumers have legal rights to seek redressal for these misleading ads, and there are clear procedures for filing complaints.

Steps to File Complaints Against Misleading Mobile Phone Ads

Step 1: Identify the Misleading Advertisement

• Capture evidence of the misleading advertisement, whether it's an online banner ad, a social media post, or an email. Take screenshots or save the ad link for reference.
• Determine the false claim or misrepresentation in the ad, such as:
  • Unrealistic features or functionalities that the mobile phone does not support.
  • Inaccurate pricing (e.g., stating a huge discount that doesn’t exist).
  • Claims of exclusive offers that are unavailable or misleading.
  • Misrepresentation of product specifications (e.g., claiming a phone has a higher camera resolution than it actually does).

Step 2: Review the Seller’s Refund/Return Policy

• If you’ve been affected by the misleading ad and purchased the mobile phone, review the return and refund policy of the online retailer or seller.
• Request a refund or return the product, providing evidence of the misleading ad and how it influenced your purchase.
• If the company refuses to provide a solution, proceed to the next step of filing a formal complaint.

Step 3: File a Complaint with the Consumer Forum

• Under the Consumer Protection Act, 2019, consumers can file complaints with consumer forums to seek a remedy. The steps to file a complaint include:
  • District Consumer Forum (for claims up to ₹20 lakh).
  • State Consumer Disputes Redressal Commission (for claims between ₹20 lakh and ₹1 crore).
  • National Consumer Disputes Redressal Commission (NCDRC) (for claims over ₹1 crore).
• Required documents:
  • Proof of purchase (invoice, order confirmation).
  • Evidence of misleading ad (screenshots, URL, etc.).
  • Details of communication with the seller regarding the misleading claim.
  • Complaint details, including your demand for a refund, replacement, or compensation for the misleading advertisement.

Step 4: Approach the Advertising Standards Council of India (ASCI)

• The Advertising Standards Council of India (ASCI) is the self-regulatory body that oversees the adherence to ethical advertising standards in India.
• You can file a complaint with ASCI if you believe the advertisement violates advertising standards. ASCI has a specific process for addressing complaints about misleading or deceptive advertising.
• Visit the ASCI website and submit your complaint through their online portal, providing evidence like screenshots of the ad and details of how the advertisement is misleading.
• ASCI can investigate the ad, and if it finds the claims to be false or misleading, it may ask the company to remove the ad or correct the information.

Step 5: Report to Consumer Protection Authorities

• The Central Consumer Protection Authority (CCPA) can also intervene in cases of misleading or deceptive advertisements under the Consumer Protection Act, 2019.
• If you believe the advertisement violates consumer rights, you can file a complaint with CCPA, which has the authority to take action against companies for unfair trade practices and misleading marketing.

Step 6: Legal Recourse

• If your complaint is not addressed satisfactorily by consumer forums or regulators, you can consider taking legal action against the company for breach of contract, fraudulent advertising, or unfair trade practices.
• You can file a civil suit in a consumer court or district court for any losses or damages incurred due to the misleading advertisement.

Legal Provisions and Relevant Sections

Section 2(47) of the Consumer Protection Act, 2019

• This section defines unfair trade practices, which include misleading advertisements and any representation that is likely to deceive consumers.
• Misleading advertising can lead to penalties, corrective measures, or even refunds for affected consumers.

Section 18 of the Consumer Protection Act, 2019

• Section 18 provides consumer rights to seek a replacement, repair, or refund for products that have been misrepresented by the seller through false advertising.

ASCI Code of Conduct

• According to the ASCI Code, advertisements must not be misleading or deceptive. They should not contain false claims, misleading comparisons, or false pricing.
• ASCI enforces this through complaints filed by consumers and can issue correction orders against offending companies.

Section 21 of the Consumer Protection Act, 2019

• This section deals with the disposal of consumer complaints and provides that any misleading advertisement can lead to penalties and compensation for the consumer, including corrective advertisements by the advertiser.

Example of Filing a Complaint for Misleading Mobile Phone Ad

Scenario:

• A consumer sees an advertisement for a mobile phone online, claiming it has a 12MP camera, but after purchasing the phone, the camera is actually only 8MP. The ad also promised free accessories with the phone, which were not included.

Steps the Consumer Should Take:

• Step 1: Capture screenshots of the misleading ad showing the 12MP camera and the promise of free accessories.
• Step 2: Contact the seller and request a refund or replacement for the phone based on the false claims.
• Step 3: If the issue is not resolved, file a complaint with ASCI providing the evidence of the misleading ad.
• Step 4: If needed, file a complaint with the District Consumer Forum or CCPA for unfair trade practices.

Outcome:

• The seller is directed to remove the misleading advertisement. The consumer receives a refund or replacement for the mobile phone and may be entitled to compensation for the inconvenience caused.

Conclusion

• Filing a complaint against misleading online mobile phone ads is an important way for consumers to seek justice and hold advertisers accountable.
• By gathering evidence, filing complaints with consumer forums, ASCI, and CCPA, and using legal recourse, consumers can ensure that advertisers follow ethical standards and offer truthful claims.
• The Consumer Protection Act, 2019 provides robust mechanisms for addressing such grievances, ensuring that consumers are not misled in the online marketplace.