Answer By law4u team
Misleading advertisements on television can have a significant impact on consumers, leading them to make purchase decisions based on false or deceptive claims. Such ads may involve exaggerated product benefits, hidden fees, or false promises that mislead consumers into buying products or services that don’t meet the advertised expectations. Under the Consumer Protection Act, 2019, consumers have the right to file complaints against misleading advertisements and seek remedies like compensation, correction of the ad, and penalties against the responsible parties.
Steps to File Complaints for Misleading Advertisements on TV:
Identify the Misleading Aspects of the Advertisement
- False Claims: Advertisements that make false promises about product benefits (e.g., weight loss pills that work instantly, TVs that offer unrealistic picture quality).
- Omissions: Ads that fail to disclose important information, such as hidden costs, side effects, or conditions (e.g., free trial offers with hidden subscription fees).
- Exaggeration: Ads that exaggerate the capabilities of a product or service beyond what is scientifically or practically possible (e.g., miracle cure for all diseases).
- Deceptive Practices: When the product or service is not as described in the advertisement (e.g., genuine leather bags that turn out to be synthetic).
Gather Evidence
- Record the Ad: Keep a recording of the misleading TV advertisement. This can serve as evidence in your complaint.
- Print or Digital Copies: If the ad is also available in print, online, or other media, keep a copy of the ad for reference.
- Product Purchase or Service Use: If you bought the product or service based on the ad, keep the purchase receipt or contract. Also, document your experience with the product and how it did not match the advertised claims.
Approach the Advertiser or Company
- Initial Complaint: Contact the company responsible for the misleading advertisement, whether it’s a manufacturer, service provider, or advertising agency.
- Request Resolution: Politely request them to either correct the advertisement, offer a refund, or provide compensation for your inconvenience or financial loss.
- Record Communication: Keep a record of all communication with the company, including emails, letters, and phone call logs.
File a Complaint with the Advertising Standards Council of India (ASCI)
- ASCI: The Advertising Standards Council of India (ASCI) is the self-regulatory body for advertising in India. It ensures that advertisements comply with the Code of Advertising Practice and are not misleading or offensive.
- Complaint Process:
- Visit the ASCI website and file a complaint online or download the complaint form.
- Provide details of the misleading advertisement, including the company name, advertisement content, broadcast date, and how it misleads consumers.
- Attach evidence, such as the ad recording and purchase receipt if applicable.
- ASCI’s Role: ASCI investigates complaints and can issue recommendations for corrective action, including removal or revision of the misleading ad.
Approach the Consumer Forum or Consumer Court
- If the issue is not resolved by the company or ASCI, you can file a formal complaint with a Consumer Forum or Consumer Court under the Consumer Protection Act, 2019.
- Jurisdiction:
- District Consumer Forum: For claims up to ₹1 crore.
- State Consumer Commission: For claims between ₹1 crore and ₹10 crore.
- National Consumer Commission: For claims exceeding ₹10 crore.
- Complaint Details: Include information such as the name of the company or advertiser, the advertisement content, how it misled you, and your request for compensation or corrective action.
- Documents Required:
- Ad recording or copies of the misleading ad.
- Purchase receipt or evidence of the product/service.
- Written complaint to the company and response, if any.
- Communication with ASCI, if applicable.
Claim Compensation
- You can claim a refund for any financial loss, compensation for mental distress, and correction of the advertisement to prevent others from being misled.
Seek Legal Remedies
- Unfair Trade Practices: Misleading advertisements are considered an unfair trade practice under the Consumer Protection Act, 2019.
- Penalties for Violation: The Consumer Court can impose penalties on the advertiser for causing consumer harm, including issuing a fine or directing the advertiser to stop the misleading ads and compensate affected consumers.
- Injunctive Relief: If the misleading ad is widespread, the court can issue an injunction to stop further broadcasts of the deceptive ad.
Legal Protections Under the Consumer Protection Act, 2019:
- Right to Information: Under the Consumer Protection Act, consumers have the right to receive accurate and truthful information about products and services, including ads. Misleading or deceptive ads violate this right and can be challenged in Consumer Court.
- Right to Redressal: Consumers can seek redressal for financial loss, inconvenience, or emotional distress caused by misleading advertisements. They can demand compensation and request the correction of the ad.
- Unfair Trade Practices: Misleading advertising falls under unfair trade practices, which are prohibited by the Consumer Protection Act. The Act provides for consumer protection from false, deceptive, or misleading ads and allows consumers to file complaints for corrective action.
- Punitive Damages: In cases of severe misconduct, such as widespread false advertising, the court can impose punitive damages to deter future violations.
Example:
A consumer watches a TV ad for a skin care product claiming it will reduce wrinkles in just 7 days. The consumer buys the product but sees no results even after using it for a month.
Steps the Consumer Should Take:
- Report to the Company: Contact the company and request a refund or explanation for the product not living up to the claims in the ad.
- File a Complaint with ASCI: If the company does not respond or refuses to act, file a complaint with ASCI for the misleading claim about the product’s effectiveness.
- Approach Consumer Court: If no resolution is found through ASCI or the company, the consumer can file a complaint in the Consumer Forum to seek compensation and demand that the misleading ad be corrected.
Consumer Safety Tips:
- Verify Claims: Always be cautious of products or services that make unrealistic promises in ads.
- Check for Certification: Look for any official certifications or accreditations the company may provide to back up its claims.
- Keep Documentation: Retain copies of ads, purchase receipts, and communication with the company to back up your complaint.
