False Advertising and Misleading Product Claims: When to Take Legal Action

Scott Hirsch Law Group, PLLC
Shopping cart and a glowing 'SCAM' message

False advertising harms far more than a bank account—it erodes trust, causes stress, and can leave people feeling taken advantage of by businesses they thought they could rely on. 

When someone purchases a product based on bold promises, only to discover that those promises were exaggerated or outright false, frustration is understandable. Whether the harm is financial, physical, or simply emotional, it’s natural to wonder what rights exist and what can be done to hold deceptive companies accountable.

At Scott Hirsch Law Group, PLLC—located in Coconut Creek, Florida, and serving clients nationwide—we help consumers who’ve been misled by deceptive marketing stand up for themselves. 

False product claims shouldn’t be dismissed as “just advertising,” and you don’t have to deal with the fallout alone. Reach out to us to learn how we can help you move forward.

What Counts as False Advertising?

False advertising involves any marketing message—spoken, written, or visual—that gives customers a deceptive or inaccurate impression about a product or service. Laws at both the federal and state levels prohibit businesses from presenting information in ways that mislead consumers. 

That includes ads that exaggerate performance, hide important details, or twist facts to make a product appear safer or more effective than it really is. These misleading tactics take many forms. Some are subtle, while others are blatant. 

Some common forms of false advertising include:

  • Exaggerated performance claims: Statements that a product can do things it demonstrably can’t.

  • Hidden fees or conditions: Ads that make something appear cheaper or more accessible than it truly is.

  • Misleading health or safety claims: Marketing that gives the impression of medical benefits or risk reduction without proof.

  • Bait-and-switch tactics: Ads promoting one product or price, only to push customers toward something more expensive once they engage.

  • False “limited time” or scarcity claims: Urgency messaging designed to pressure customers based on inaccurate availability.

These kinds of tactics don’t just mislead—they can cause financial harm or even create dangerous situations for consumers. If you’re dealing with the consequences of purchasing something that wasn’t what it claimed to be, you may have grounds to pursue legal relief.

How Misleading Claims Harm Consumers

Deceptive ads don’t simply cause inconvenience—they can lead to real and sometimes serious consequences. The harm can be financial, physical, or emotional, and in many cases, it impacts more than just the individual buyer.

Some ways false advertising causes harm include:

  • Financial losses: Purchases based on inaccurate claims often result in wasted money or continuing costs.

  • Health and safety risks: Products that falsely claim to be safe or effective can put users in danger.

  • Damage to property: Faulty products—such as electronics, cleaning solutions, or automotive parts—can cause significant property damage.

  • Emotional frustration and stress: Feeling deceived can create stress and a sense of betrayal, especially when the harm affects a family’s daily life.

  • Lost time: Consumers often spend time trying to fix issues, return products, or dispute charges.

These losses are more than minor inconveniences. When a company profits from misleading claims, the burden falls on the consumer—and that’s exactly what consumer protection laws aim to address.

If any of these experiences feel familiar, you may have legal options. False advertising laws exist to protect people from these exact harms, and you have the right to seek compensation when a company misrepresents what it’s selling.

When You May Have Grounds for Legal Action

Not every unsatisfactory purchase results in a legal claim, but many do—particularly when a business employs deceptive or misleading tactics to influence customers into making a purchase. Evaluating whether a claim is actionable requires thoroughly examining the specifics, the harm caused, and the behavior of the business.

To help identify whether a situation may qualify, consider the following scenarios where legal action is often justified:

  • You relied on the company’s claim when deciding to purchase.

  • The claim was false, misleading, or missing key information.

  • You suffered financial or physical harm because of the misleading statement.

  • Other consumers experienced similar problems, indicating a pattern.

  • The company ignored complaints or refused to correct the issue.

If these points resonate with your situation, you may have grounds to pursue compensation. Some cases involve individual claims, while others may be part of a broader consumer action, such as a class action lawsuit. Either can be a powerful tool for holding companies accountable.

Evidence That Supports a False Advertising Claim

If you’re considering taking legal action, gathering certain types of evidence can help strengthen your case. Even simple pieces of information—like product packaging or screenshots—can provide critical support.

Helpful evidence for potential claims includes:

  • Copies of advertisements or marketing materials: Screenshots, emails, product descriptions, packaging, or printed ads.

  • Receipts or order confirmations: Documents showing what you purchased and when.

  • Photos or videos of the product: Especially useful if it’s defective or doesn’t match what was advertised.

  • Medical or repair bills: Records showing any financial loss or physical injury linked to the product.

  • Correspondence with the company: Emails, messages, or notes from phone calls showing how the business responded.

Don’t worry if you don’t have everything on this list—it’s normal for consumers to lack complete documentation. Collecting what you can is an excellent first step, and our experienced attorney can help uncover additional evidence.

When to Speak With a Lawyer About False Advertising

If you’re facing the consequences of misleading advertising, consulting an attorney can help you explore your options and understand the potential types of compensation. There’s no need to wait until the situation feels unmanageable—early discussions often bring clarity and guidance.

There are several situations where reaching out for legal guidance from an experienced consumer protection lawyer may be helpful:

  • You’ve suffered financial, physical, or property-related harm.

  • The company refuses to offer a refund or resolution.

  • Multiple consumers appear to have the same complaint.

  • The misleading claim involved safety, health, or performance issues.

  • You’re unsure whether your loss qualifies for a claim.

A conversation with an attorney can help you decide whether pursuing compensation makes sense, and what steps may help protect your rights.

Speak With a Consumer Protection Lawyer Today

If you’ve been harmed by false advertising or misleading product claims, you need answers and support. At Scott Hirsch Law Group, PLLC in Coconut Creek, Florida, we work with clients nationwide to pursue justice and compensation when companies misrepresent their products. 

You don’t have to deal with deceptive business practices alone—help is available, and you have rights worth protecting. Reach out to us today to discuss your situation and learn how we can assist you.