X is accounting exam tutor. Y has experience grading real exams (former exam grader). X isn't former exam grader but passed exam. X gives Y on-call, not exclusive, independent contractor job to grade practice exams to prepare X's students to take exam. X advertises "all" practice exams will be graded by former exam grader. X uses Y's experience during sales, but does not give Y's name. Y unaware X using Y's experience to advertise, and didn't give X publicity rights. S buys tutoring from X. X doesn't disclose S to Y. X grades practice exams himself, but doesn't tell S he's grading until S asks. Y assumes X forwarding all practice exams to Y to grade, and doesn't know X grading himself. Is X committing fraud or false advertising against S and/or Y?