How to file complaints against misleading advertisements on social media?

With the rise of social media as a primary platform for marketing and advertising, consumers are increasingly exposed to advertisements that may be misleading, false, or deceptive. Misleading advertisements can lead to financial loss, misinformation, and unfair consumer experiences. Recognizing these challenges, consumer protection laws and regulatory bodies provide mechanisms to file complaints and seek redressal against such unfair marketing practices on digital platforms. This guide outlines the detailed steps to file complaints against misleading advertisements on social media.

What Are Misleading Advertisements on Social Media?

• Make false claims about a product or service
• Conceal important information or terms
• Use exaggerated benefits or unrealistic promises
• Employ fake testimonials or endorsements
• Hide the cost or conditions of offers
• Promote counterfeit or substandard products

Step-by-Step Procedure to File Complaints Against Misleading Advertisements:

1. Collect and Preserve Evidence:

• Take screenshots or screen recordings of the advertisement including dates, times, and URLs.
• Save copies of comments, messages, or promotional posts related to the ad.
• Collect any purchase receipts or communication if you acted on the advertisement.

2. Identify the Advertiser:

• Check the social media page, profile, or website linked to the advertisement to identify the brand or seller responsible.
• Note down contact details such as email addresses, phone numbers, or customer service links.

3. Attempt Direct Resolution:

• Contact the advertiser or seller directly through provided channels.
• Request clarification, refund, or correction of misleading claims if you have been affected.

4. File Complaint with Regulatory Bodies:

• Consumer Forum: File a complaint under the Consumer Protection Act, 2019, for unfair trade practices including misleading advertisements.
• Advertising Standards Council of India (ASCI): ASCI handles complaints about unethical and misleading advertisements. Submit complaints via their online portal with evidence.
• Ministry of Consumer Affairs: The Department of Consumer Affairs also accepts complaints through the National Consumer Helpline or the online portal Consumer Online Resource and Empowerment Centre (CORE).
• Social Media Platforms: Report the advertisement directly on platforms (e.g., Facebook’s Report Ad feature) to request removal for policy violation.

5. Provide Detailed Complaint:

• Include your name, contact information, details of the advertisement, evidence collected, and specific relief sought (refund, apology, removal of ad, compensation).
• Mention any losses or damages suffered due to the misleading advertisement.

6. Follow Up and Participate in Proceedings:

• Track the complaint status regularly on the respective portal or consumer forum.
• Attend hearings or mediation sessions if summoned.
• Cooperate with investigators or consumer protection officers.

Legal Framework and Consumer Rights:

• Consumer Protection Act, 2019: Defines unfair trade practices, including misleading advertisements, and empowers consumers to seek redressal.
• Advertising Standards Council of India (ASCI): A self-regulatory organization that enforces a code for truthful advertising and mediates consumer complaints.
• Information Technology Act, 2000: Addresses online content regulation and can be invoked for fraudulent or deceptive digital marketing.
• Competition Act, 2002: Prevents deceptive marketing that affects market competition.

Common Challenges and Tips:

• Identifying the actual seller or advertiser can be difficult due to anonymous or fake profiles.
• Act quickly to preserve evidence as social media posts can be deleted.
• Use official channels for complaint submission to ensure proper legal recognition.
• Be clear and factual in your complaint to avoid dismissal.
• Consider legal consultation if the matter involves substantial financial loss.

Example:

• A consumer sees a social media ad promising a luxury smartwatch at an unrealistically low price.
• The consumer orders the product and pays online, but receives a counterfeit or non-functional device.
• The consumer takes screenshots of the ad, saves payment proof, and tries contacting the seller but gets no response.
• The consumer files a complaint with ASCI and the Consumer Forum, providing evidence and seeking refund and compensation.
• The complaint leads to an investigation, removal of the misleading ad, and the consumer receives a partial refund along with an official apology.