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Antitrust Law Cases In California
By Gibson Sebastian
Advertising law cases in California can be filed under a multitude of different causes of action. This article seeks to discuss just some of the ways in which advertising cases can be filed, and the type of cases which, to a large extent, have not yet been pursued as fully as one would expect.

Perhaps the first cause of action that comes to mind to use to obtain a remedy for an individual harmed by advertising would be a cause of action for fraud. To take a fictional example, say an advertiser, and by virtue of their advertisement on a television program on a certain station, advertises that they have the cure for cancer, male baldness, bad breath and being able to keep the weight off, all in one simple drug or in their book. The advertiser uses a spokesman, the advertiser uses a specific television station, and in a relatively new twist in this age of the internet, the advertiser also promotes his or her website which after purchasing the drug or the book, the purchaser learns he must also subscribe to the advertiser’s website either to learn additional details or be kept up to date with side effects of the drug.

Even if the or drug sold is sold at a price of $34.95, and even if the internet subscription is even $10/month, this is not going to amount to sufficient damages for an attorney to take the case on contingency. And if the individual who bought the or drug doesn’t have tens of thousands of dollars to pursue such a case on his or her own, the case may never be brought and the advertiser may simply go on advertising his or her amazing product.

An action by the FCC against such an advertiser will be unlikely to help the consumer. If the advertiser makes a deal with the FCC, while such a settlement may be in the millions of dollars, the money will simply go to the government and the advertiser will likely simply promise never to make such advertisements again. In reality, the advertiser may also find some new product to advertise or seek to advertise it in a different way and one not covered by the settlement with the FCC, such as by using 800 or 900 numbers.

Businesses or individuals harmed by network television affiliates overcharging for their air time may also feel powerless to bring an action for being excluded

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