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Puffery or false advertisement or exaggeration?

New York, NY |

1- If there is an advertisement posting on the street that says product X is 80% off on sale but then you go to the store and its only 20% off or not on sale at all. Is this legal? Can you sue and win the difference?
2- If an online blog post says that you get a 70% discount at Amazon.com if you click this certain link first and go through another site first.Then you went through the links and bought the item but then you did get the discount (or not the discount amount promised on the blog post), can you sue and win the difference? Is it legal for bloggers to do this?

Attorney Answers 3


  1. Both situations may be deceptive practices violative of New York law. You may be able to sue and win the difference. However, you have not mentioned the dollars involved. If the amount involved is small, it may not be worth the transaction costs of a lawsuit. But even in that case - i.e., if the amount involved is small - if you believe this was a widespread practice, affecting not just you but all consumers, you should consult with a lawyer specializing in class actions. We handle class actions and complex litigation regularly; feel free to call us.

    If you do not have a signed retainer fee agreement with Chittur & >Associates, P.C., ("the Firm"), then until such retainer agreement is >entered into, neither the Firm nor any of its attorneys will represent you >nor will they be your attorney in any matter and you remain responsible for >any and all deadlines and for any statutes of limitations that may pertain >to potential claims. No attorney-client relationship exists until such >agreement is entered into; however, communications with the Firm by a >prospective client remain confidential and are considered privileged. >This email may contain confidential and/or privileged material for the sole >use of the intended recipient(s). Any review, use, distribution or >disclosure by others is strictly prohibited. If you are not the intended >recipient (or authorized to receive for the recipient), please contact the >sender by reply email and delete all copies of this message.


  2. Before acting make sure the discount refers to the particular items you refer to. You know there are lots of ads like these ones you mentioned that have a small disclaimer stating that discount does not apply to certain products.

    Attorney Advertising. The information given above is intended to provide general information only and not legal advice and does not create an attorney-client relationship.


  3. Tricky scam artists leave themselves a lot of wiggle room, and it would be hard to make the case. Another approach is not to believe things that sound too good to be true. There are some legit discount sites.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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