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Where is the line at between false advertising and "puffery?"
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Nov 20, 2023 23:48
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Azuth0667 posted:Where is the line at between false advertising and "puffery?" Puffery is usually either an assertion so over the top that a reasonable consumer would not rely on it, or an assertion so broad and general that it really isn't verifiable as wholly false. e: give us a hypothetical joat mon fucked around with this message at 00:20 on Nov 21, 2023 |
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Nov 21, 2023 00:13
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Azuth0667 posted:Where is the line at between false advertising and "puffery?" Is it a disprovable statement is my understanding. E.g. "the best president ever" is puffery; "the tallest president ever" is a falsehood.
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Nov 21, 2023 01:30
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Hieronymous Alloy posted:Is it a disprovable statement is my understanding. E.g. "the best president ever" is puffery; "the tallest president ever" is a falsehood. Paul Volcker?
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Nov 21, 2023 05:40
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Azuth0667 posted:Where is the line at between false advertising and "puffery?" It’s whether a “reasonable consumer” (elderly judges) would understand the claim as hyperbolic or as an actual claim. “Miracle Cure will help you feel good like nothing else!” versus “Miracle Cure shows a seven percent reduction in cholesterol over two months!”.
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Nov 21, 2023 07:42
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puffery is what defense counsel says, false advertising is what plaintiff's counsel says
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Nov 21, 2023 16:52
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I heard that "best" is considered a weaker claim than "better" because the default presumption is that there is no difference between products, so being the 'best' can just mean 'tied for first with everyone else'. Is that a real thing or just a myth?
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Nov 21, 2023 17:52
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can I sue every roadside hamburger joint in america that claims it has the "world's best cheeseburger"
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Nov 21, 2023 18:35
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Leperflesh posted:can I sue every roadside hamburger joint in america that claims it has the "world's best cheeseburger" Yes. You most likely have the ability to file a suit against any burger joint company you can name in the various jurisdictions. Will you have standing? Will you be stopped as a vexatious litigant? Will the case be summarily dismissed? Who the gently caress knows.
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Nov 21, 2023 18:58
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Leperflesh posted:can I sue every roadside hamburger joint in america that claims it has the "world's best cheeseburger" That's a high stakes move, though - if you accidentally do sue the best cheeseburger joint in the world, you won't even know it until you're in the chamber, strapped to a table, and being hooked up to a Donkey Sauce IV, while Guy Fieri looks on as Judge, Jury, and Executioner of Flavortown.
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Nov 21, 2023 19:06
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Jean-Paul Shartre posted:It’s whether a “reasonable consumer” (elderly judges) would understand the claim as hyperbolic or as an actual claim. “Miracle Cure will help you feel good like nothing else!” versus “Miracle Cure shows a seven percent reduction in cholesterol over two months!”. A real world example is when Pepsi offered a Skunkduster fucked around with this message at 19:13 on Nov 21, 2023 |
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Nov 21, 2023 19:11
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Leperflesh posted:can I sue every roadside hamburger joint in america that claims it has the "world's best cheeseburger" Only in America. In the UK and Ireland, places hedge their bets and say “Probably the best burger in the world” or such. Because of their fine traditions of hating free speech.
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Nov 21, 2023 20:12
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Jean-Paul Shartre posted:Only in America. In the UK and Ireland, places hedge their bets and say “Probably the best burger in the world” or such. Because of their fine traditions of hating free speech. Yeah because the real best burger place will sue you for libel
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Nov 21, 2023 23:47
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I don't think I've ever encountered a false advertising case in the wild
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Nov 22, 2023 00:09
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If you drank a redbull between 2000-2010 you did Or saw a can of Celsius in the last 4 years
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Nov 22, 2023 00:22
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EwokEntourage posted:Or saw a can of Celsius in the last 4 years Ha! I was just looking at one the other day and noticed the little “makes you burn calories faster!” bullshit or whatever it says, and this thread came onto the topic and it seemed germaine. I assume that’s what you’re referring to?
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Nov 22, 2023 00:27
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No I think they actually disclaim that one on the can. They just settled a class action over claiming they had no preservatives in them, when in fact they had citric acid, one of the most common preservatives, in them. Their defense was they only used it for flavor and not preservative reasons
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Nov 22, 2023 00:48
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EwokEntourage posted:No I think they actually disclaim that one on the can. They just settled a class action over claiming they had no preservatives in them, when in fact they had citric acid, one of the most common preservatives, in them. Their defense was they only used it for flavor and not preservative reasons “Our customers expect the taste of calcium benzoate, and we deliver!”
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Nov 22, 2023 07:25
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EwokEntourage posted:puffery is what defense counsel says, false advertising is what plaintiff's counsel says This is close. I should note that the FTC under Biden is far, far more aggressive and if it gets its way may eventually undo some of the lovely caselaw on the puffery concept, which has gotten out of control.
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Nov 22, 2023 08:17
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I live in Florida. I have lived in the same apartment for 3 years and the rent has went up each year. I am leaving now, and my last months rent will be paid by the last months rent check I gave my landlord at the very beginning of my lease. She is telling me I need to give her $400 more (the cost of the rent increases throughout the years). There is nothing in my lease that says this. I was under the impression that last months rent covers just that, despite rent increases. Advice?
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Nov 23, 2023 13:58
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What does the lease say?
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Nov 23, 2023 15:35
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computer angel posted:I live in Florida. I have lived in the same apartment for 3 years and the rent has went up each year. I am leaving now, and my last months rent will be paid by the last months rent check I gave my landlord at the very beginning of my lease. She is telling me I need to give her $400 more (the cost of the rent increases throughout the years). There is nothing in my lease that says this. I was under the impression that last months rent covers just that, despite rent increases. What does the lease say? I'm not a lawyer, but I am a property manager in FL. My very possibly incorrect knowledge of this in particular is that when you paid last month's rent at the start, that's what you payed for. They can't arbitrarily raise it and ask you for more when you're ready to go. Not a lawyer, not legal advice, your lease is all that matters
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Nov 23, 2023 16:08
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joat mon posted:What does the lease say? Lease is very standard. My initial rent was $1180, my current rent is $1600. The initial lease says "Deposits, Advanced Rent: Advance rent in the amount of $2360.00 for the Rental Installment Periods of First and Last Month to be paid upon signing the Lease". (Does not say dates or years) Then, in my subsequent lease renewals it says "The lease is extended for a further term of 12 months. The lessee shall pay a monthly rental of $1600 every calendar month throughout the renewal term". (This one does state the year: 2022, 2023)
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Nov 23, 2023 17:00
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It really sounds like you were not meant to pay that last 1180, and you have since had a credit balance with them.
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Nov 23, 2023 17:13
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Briefly searching the Internet implies you may be out of luck. I found a couple of places suggesting that for Florida, you are just collecting money TOWARDS the last months rent, not actually considering the last month satisfied whenever that is. https://www.justanswer.com/landlord-tenant/mqy7n-questions-1-happens-last-month-s-rent.html I'm not a lawyer, but supposedly that person is. You might want to see if there's a tenant advocacy group or similar near you who can actually answer this, because I assume it's more common than the results online seem to suggest.
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Nov 23, 2023 17:32
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Cool, ok. I can pay it, I just wanted to check and make sure I wasn't owning myself for no reason.
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Nov 23, 2023 17:36
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computer angel posted:Cool, ok. I can pay it, I just wanted to check and make sure I wasn't owning myself for no reason. I mean… do you think she’ll actually pursue a claim against you for $420?
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Nov 23, 2023 17:46
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pseudanonymous posted:I mean… do you think she’ll actually pursue a claim against you for $420? I don't know, it's possible
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Nov 23, 2023 17:47
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They’ll just send it to a collections agency and gently caress with you being able to rent somewhere else
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Nov 23, 2023 17:50
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pseudanonymous posted:I mean… do you think she’ll actually pursue a claim against you for $420? They absolutely will. It will go to collections if you don't pay it.
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Nov 23, 2023 20:42
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pseudanonymous posted:I mean… do you think she’ll actually pursue a claim against you for $420? Just to make you write a check with the weed number on it? Would you NOT? 
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Nov 24, 2023 01:51
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Can I sue the NFL for violating my 8th amendment rights as them having the loving Jets on every national TV game is extremely cruel and unusual
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Nov 25, 2023 03:51
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Nothing is stopping you
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Nov 25, 2023 15:13
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You should do it because it will be funny.
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Nov 25, 2023 16:35
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Nissin Cup Nudist posted:Can I sue the NFL for violating my 8th amendment rights as them having the loving Jets on every national TV game is extremely cruel and unusual Sportious interference
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Nov 25, 2023 16:50
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Nissin Cup Nudist posted:Can I sue the NFL for violating my 8th amendment rights as them having the loving Jets on every national TV game is extremely cruel and unusual Only if you can argue somehow that the NFL is a quasi-governmental entity as the bill of rights only protects you from government action. It does nothing to shield you from punishing yourself, which you are doing when you watch the jets.
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Nov 25, 2023 18:36
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Nissin Cup Nudist posted:Can I sue the NFL for violating my 8th amendment rights as them having the loving Jets on every national TV game is extremely cruel and unusual I would assume that it being available for everyone nationally would preclude the "unusual" aspect
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Nov 25, 2023 23:15
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It doesn't have to be literally unusual. "Unnecessary and wanton infliction of pain" counts for cruel and unusual, so the NY Jets would definitely fall under that. The real problem is your 8th Amendment rights don't kick in until after you are in jail, so you have to get a judge to sentence you to watch them flumph around on the field (or at least demand it as a condition of your bail) before you can sue under the 8th.
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Nov 26, 2023 20:12
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make it a class action suit for everyone who lives in New Jersey: they're basically all in jail anyway
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Nov 26, 2023 20:43
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joat mon posted:Puffery is usually either an assertion so over the top that a reasonable consumer would not rely on it, or an assertion so broad and general that it really isn't verifiable as wholly false. I missed this. Say you're interacting with a consultant group. They promise that they have a super secret network of suppliers and service providers that can directly reduce your operating expenses through exclusive discounts. You do the math and its a fantastic deal so you pass on a preliminary this might be good. The c-suite are ecstatic and the finance people are also very upbeat about the consultant group's offer. An agreement is drafted and it has the blessing of in-house counsel. However, once you sign the deal and get access to the consultant group's super secret club you find out that things are not as they seem. They over stated membership in the club by at least half and overstated the discount by again at least half. In fact, many members when contacted were confused and had never heard of the super secret club. The consultant group walked away with a massive consulting fee for essentially the same deal you could get by making an account on any of these vendor's websites. Naturally, the consultant group was confronted about these discrepancies and they came back with the puffery defense. Were their claims puffery? Was it false advertising? Did this event result in the AG getting involved and a criminal investigation into the consultant group? 
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Nov 27, 2023 01:13
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