What to Do in Florida If a Product Was Not as Advertised

 Posted on November 28, 2023 in Personal Injury

When you purchase an item that is materially different from how it was marketed and represented, you may have a false advertising or breach of warranty claim under Florida law. There are important steps to take if you find yourself in this frustrating situation as a consumer. A Florida attorney can help you take each action so you know exactly what to do.

Gather Evidence

Carefully examine the product and keep it in its condition when purchased. Take photos and videos showing the issues and save all packaging and manuals. Also, gather any sales receipts, warranty info, online listings, ads, emails, and other evidence. You will want to prove as much as possible so the company cannot come back with any counterclaim.

Research Applicable Laws

Florida’s Deceptive and Unfair Trade Practices Act prohibits false, misleading, or deceptive advertising of products and services. You may also have claims under breach of express warranty or implied warranties of fitness and merchantability laws if the product did not match reasonable expectations.

Determine Where the Breakdown Occurred

Figure out where the misrepresentations happened in the purchasing process. Did an online listing contain misleading claims? Did the manufacturer’s packaging boast inaccurate features? Did a salesperson embellish what the product can do? Pinpointing fault helps determine who to contact.

Make Formal Complaints

File written complaints with the retailer, manufacturer, advertising platforms, and better business regulators, documenting the problematic claims and why the product differed substantially. Make sure to list specific laws they violated. Send complaints via certified mail and save records.

Attempt Resolution

Propose a reasonable resolution, such as a full refund or exchange for an accurately described product. Set a deadline for responding to your complaint. Under Florida law, you have remedies if sellers do not rectify violations.

Consult a Consumer Attorney

If unsatisfied with the company’s response, consulting with an experienced Florida consumer protection attorney is advisable. They can evaluate if you have valid legal claims and immediately begin investigating the false advertising issues. Make sure to hand over all of the correspondence you had so far with the company so they can go from there.

Consider Small Claims Court

For minor dollar amounts, you may be able to bring a small claims case yourself quickly and affordably. The evidence you gathered can help prove your allegations before a judge. Just be sure to follow all legal procedures.

Contact a Fort Lauderdale, FL Product Liability Attorney

No one wants to be tricked into buying a misrepresented product. Following these steps helps protect your rights as a consumer so you are not stuck with a purchase that fails to live up to advertised claims. A Broward County, FL product liability lawyer can help you. Call The Law Offices of John D. Ameen, P.A. at 800-555-4011 for a free consultation.