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Tuesday, 13 May 2025 08:21

Misleading Advertising: How is the Consumer Protected?

Misleading Advertising: How is the Consumer Protected?

Advertising plays a key role in the modern economy: it informs, persuades and positions products or services in the consumer's mind. However, when this tool is used for misleading purposes, trust between businesses and citizens is broken. Misleading advertising not only distorts competition, it also violates fundamental consumer rights. In the face of these practices, there are legal and administrative mechanisms that allow consumers to defend themselves and make effective complaints.

What is Misleading Advertising?

Misleading advertising is considered to be any commercial message that misleads, or has the capacity to mislead, about essential aspects of the product or service: its nature, characteristics, price, sales conditions, benefits, composition or any other information relevant to the purchasing decision. This manipulation can be manifested either by false information or by the omission of key data. In short, when advertising does not reflect reality, the consumer's right to truthful and sufficient information is violated.

How Can Consumers Protect Themselves?

When faced with a case of misleading advertising, the consumer is not helpless. There are a number of steps they can take to complain and demand a fair solution. The key is to act quickly, be organised and be aware of the resources available.

Steps to Claim

1. Gather all available documentation

The first step is to gather as much evidence as possible: brochures, screenshots, invoices, videos, contracts, terms and conditions of the offer or any other document that supports the claim. Without evidence, it is very difficult to prove that the advertising was misleading.

2. Contact the company directly

Before initiating a formal complaint, it is advisable to contact the customer service department of the company responsible. Some companies offer quick solutions such as a refund, product replacement or public rectification. In many cases, this is effective and avoids lengthy procedures.

3. File a formal consumer complaint

If the company does not offer a satisfactory response, the next step is to file a formal complaint at:

  • The local Municipal Consumer Information Office (OMIC).
  • The corresponding regional consumer body, depending on your autonomous community.

At these bodies you can submit a complaint form accompanied by evidence and details of the dispute. This procedure can also be carried out online in many regions.

4. Turn to consumer associations

Organisations such as FACUA, OCU, CECU or ADICAE provide free advice, legal support and even representation in collective actions. Joining these organisations can be an effective way to strengthen your case and access specialised legal resources.

5. Consider legal action

If none of the above has resolved the dispute, the consumer can go to court. For claims of less than €2,000, there is no need for a lawyer or solicitor, allowing the consumer to file a claim directly. In more complex cases or cases with a high economic impact, specialised legal assistance is recommended.

Conclusion

Misleading advertising represents one of the most subtle forms of commercial abuse, because it operates in the realm of trust and perception. It is therefore essential that consumers are aware of their rights and know how to act in the face of such practices. Complaining not only allows for individual redress, but also helps to correct and prevent widespread abuse. In a transparent market, information must be truthful, complete and accessible. Defending this right is everyone's responsibility.

Explanatory Notes

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