Deceptive trade practices occur when a business does something – or nothing – that could mislead a consumer. Although Arizona has not adopted the Uniform Deceptive Trade Practices Act, it does have state laws that prohibit businesses from engaging in any behavior that is deceptive to consumers. In fact, engaging in false advertising is a misdemeanor under Arizona law, and the Arizona Attorney General’s office can file a lawsuit against any business or party who is engaging in false advertising, which can result in significant fines to your business.
A few common examples of deceptive trade practices that are illegal under Arizona law include the following:
· bait and switch advertising techniques
· false advertising or claims about a company’s product or services
· tampering with the odometer in a vehicle for the purposes of inducing a consumer to buy the vehicle
Given the negative consequences for deceptive trade practices, the wording and messaging used in advertising your business is extremely important. If you cross the line and make a false claim about your product or services, then you may be charged with engaging in false advertising. To avoid these claims, you may wish to seek legal advice about any advertisements that you create before making them public; this step will help ensure that you are not making false claims in violation of Arizona law. And if you have been accused of misleading advertising or deceptive trade practices, it is important to engage legal counsel right away.
Disclaimers on any advertising materials also can be effective in defending against false advertising claims. For example, to clarify the true quality, price, or purpose of a particular product or service in an advertisement, a business can provide a written disclaimer that is specifically designed to avoid misleading consumers about the product or service.
When you are facing a potential deceptive trade practices claim, you need legal advice and representation that only a law firm like Williams Mestaz, L.L.P., can offer you. Contacting a skilled business attorney should always be your first step if you are facing any type of major business dispute. Williams Mestaz, L.L.P., provides strong legal representation for clients facing deceptive trade practices claims and other business disputes on a regular basis. Our priority is to advocate on your behalf and use our unique technology to prepare a strong case for litigation from the very outset of your dispute. Call us today at (602) 256-9400 and schedule an appointment to meet with us about your case.