I received an ad in the mail today (02/04/2012), from Cox Communications. It reads: Upgrade your TV viewing experience, Cox Advanced TV, DVR service, HBO and more for only $29.99 per month until 2013.
My complaint is that the ad states upgrade. I don't have (as the ad states) Cox Advanced TV, DVR service, HBO and more for only $29.99, yet Cox refuses to grant me the upgrade because I currently have service with them. This truly is a frustrating situation. Does anyone police these companies or can they go above everyone and do as they please? I truly feel Cox Communication ad that I received is deceptive, misleading and false, but of course, giants such as them are always one step ahead of the small people as myself.
Proving these things may seem obvious however, to establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false. I for one, don't have what it takes ($) to fight for what is right.
