They advertise over Optimum and Time Warner Cable in Orange/Ulster/Dutchess Counties
but there is no restaurant until you get to Albany which is way way out of this broadcast area?
Can we sue?
It would only be false advertising to the extent they claim to be in Orange/Ulster/Dutchess Counties. If they don't claim to be in those places, then there's nothing false about the advertising.
This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.
Is this a serious question? I have not heard the restaurant's advertisements, but assuming that the ads do not mislead in any material way NY law would not be violated. Merely because you can hear the broadcast of the ad in counties where the restaurant is not located, it does not mean that the ads are misleading anyone.
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Criminal Defense Attorney
You want to sue because there is no Golden Corral restaurant in your area despite your seeing TV commercials for the restaurant in your area? If YES, you have no damages and therefore no case.
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Chapter 7 Bankruptcy Attorney
If they build one in your area and you actually eat the food, then you may have something there. Or, you could get your head stuck in that chocolate fountain and sustain various injuries requiring having your ears syringed and extreme emotional distress, could turn you off chocolate for life. But seriously no you have no damages. Plus golden corals are travel feed troughs , it's conceivable they are going for people traveling the thruway, makes no difference though, they can advertise where they'd like don't have to have a store nearby.