How to file complaints against deceptive marketing?

Deceptive marketing involves practices where businesses use false or misleading information to promote products or services. This can include exaggerated claims, hidden terms, bait-and-switch schemes, and fake endorsements. Such practices harm consumers by leading to uninformed purchases, financial loss, and erosion of trust. The Consumer Protection Act, 2019, along with rules framed by the Advertising Standards Council of India (ASCI) and other regulatory bodies, safeguards consumer interests by enabling complaints and enforcement actions.

Common Types of Deceptive Marketing:

• False or exaggerated product claims
• Misleading price discounts or hidden charges
• Bait-and-switch tactics (advertising one product but selling another)
• Fake endorsements or testimonials
• Concealment of important product information
• Misleading packaging or labeling

Step-by-Step Procedure to File Complaints Against Deceptive Marketing:

• Gather Evidence: Collect advertisements, brochures, screenshots, packaging, receipts, and any communication related to the deceptive marketing.
• Contact the Business: Raise the issue directly with the company via customer care or grievance redressal channels. Keep records of all communications.
• Send a Formal Written Complaint: If unresolved, send a legal notice outlining the deceptive practice and your demands for remedy or compensation.
• File Complaint with Consumer Forum: File a complaint under the Consumer Protection Act, 2019 at the District, State, or National Consumer Forum depending on the value of the claim.
• Report to Advertising Standards Council of India (ASCI): File a complaint with ASCI if the issue relates to false or misleading advertisements. ASCI acts as a self-regulatory body to curb unfair advertising.
• Approach Regulatory Authorities: If applicable, notify other bodies like the Ministry of Consumer Affairs, Competition Commission of India (CCI), or sector-specific regulators.
• Legal Action: In cases of serious fraud or non-compliance, pursue civil or criminal legal action with the help of consumer courts or civil courts.

Rights and Remedies for Consumers:

• Seek refund, replacement, or repair of defective goods purchased under deceptive marketing.
• Claim compensation for financial loss, mental agony, or consequential damages.
• Demand corrective advertising or public apology from the offending business.
• Request injunctions to stop misleading advertisements.
• Pursue penalties or fines imposed on the wrongdoer by regulatory bodies.

Tips for Consumers:

• Always verify product claims through trusted reviews or official certifications.
• Keep copies or screenshots of advertisements before making purchases.
• Be wary of deals that appear too good to be true.
• Educate yourself on common deceptive marketing tactics.
• Act promptly to register complaints to avoid loss or damage.

Example:

A consumer purchases a skincare product based on claims of curing severe skin conditions made in advertisements. After use, the product causes allergic reactions and shows no benefits.

Steps for the Consumer:

• Preserve the advertisement, purchase receipt, and product packaging.
• Complain to the company’s customer service seeking refund or compensation.
• If no response, send a legal notice citing deceptive marketing.
• File a complaint with the Consumer Forum with evidence of misleading claims.
• Report the advertisement to ASCI for review and action.
• Seek compensation for medical expenses and mental distress.