How to file complaints against misleading advertisements on social media?

Social media has become a powerful tool for advertising, where businesses and influencers promote products and services to millions of users. However, the ease with which information spreads has led to the rise of misleading advertisements ads that contain false or exaggerated claims to deceive consumers. Such deceptive practices can have significant consequences, leading to consumers making purchasing decisions based on false promises. Under the Consumer Protection Act, 2019, consumers are protected from misleading advertisements and can file complaints against companies or influencers that engage in deceptive marketing on social media platforms. This article explains how to file complaints against misleading social media ads and the legal recourse available.

What is a Misleading Advertisement?

A misleading advertisement refers to any advertisement or marketing communication that misrepresents the product or service being promoted. Some common types of misleading ads include:

• False Claims: Ads that claim products can do something they cannot, such as promising unrealistic health benefits or exaggerated results (e.g., weight loss supplements that claim to shed pounds without exercise).
• Deceptive Pricing: Ads that show a discounted price, but the original price is inflated or false, misleading consumers about the actual savings.
• Hidden Terms: Promoting offers with hidden fees or undisclosed terms that are only revealed after the purchase is made.
• Fake Reviews and Testimonials: Influencers or brands posting fake reviews or testimonials that misrepresent the effectiveness of the product.
• Bait and Switch: Advertising a product at an attractive price, but once the consumer shows interest, they are told the product is unavailable and offered a more expensive alternative.
• Misleading Visuals or Photos: Using photos or videos that misrepresent the product, such as photoshopping or staging images to create a false impression of quality.

Legal Framework for Filing Complaints Against Misleading Advertisements

Under the Consumer Protection Act, 2019, misleading advertisements are considered unfair trade practices. The Central Consumer Protection Authority (CCPA), established under this Act, is empowered to take action against misleading advertisements, whether they are on social media, television, print, or other media platforms.

Steps to File Complaints Against Misleading Advertisements on Social Media

1. Identify the Deceptive Ad

Before filing a complaint, consumers must clearly identify the misleading advertisement. This includes noting:

• The product or service being advertised.
• The platform (e.g., Instagram, Facebook, YouTube, Twitter) where the ad was seen.
• The claim or statement in the advertisement that is misleading or false.
• Screenshots or videos of the advertisement.
• Any relevant documentation (e.g., receipts, transaction records) if the consumer made a purchase based on the misleading ad.

2. Approach the Platform (Social Media)

• Report the Ad: Many social media platforms, including Facebook, Instagram, and YouTube, have features that allow users to report misleading or deceptive ads. These platforms may investigate the ad and take action against the advertiser, such as removing the ad or suspending the account.
• Contact the Advertiser Directly: If the advertisement is posted by an individual or company, the consumer can try contacting them directly, either through the platform's messaging system or through publicly available contact information. This may lead to a resolution, such as a refund or corrective statement.

3. File a Complaint with the Consumer Protection Authority (CCPA)

The Central Consumer Protection Authority (CCPA) is the primary authority responsible for regulating misleading advertisements. The CCPA has the power to take action against:

• Businesses or influencers who engage in misleading advertising.
• Social media influencers who promote products with false or misleading claims.

How to File the Complaint:

• Online Submission: Consumers can file complaints on the official website of the CCPA. The complaint form requires details such as:
  • Details of the misleading advertisement, including screenshots and video clips.
  • The company or influencer responsible for the ad.
  • The harm caused to the consumer as a result of the misleading ad (e.g., financial loss, health risks, etc.).
  • Any supporting documents such as receipts, email correspondence, etc.
• Legal Action: If the CCPA finds that the advertisement was misleading or false, they may issue a cease and desist order, impose fines, or order corrective advertisements. In some cases, penal actions may be taken against the responsible party.

4. Approach the Advertising Standards Council of India (ASCI)

ASCI (Advertising Standards Council of India) is a self-regulatory body that addresses complaints related to misleading advertisements in India. They provide an Online Complaint Filing System where consumers can file complaints about misleading ads, including those on social media.

How to File a Complaint with ASCI:

• Visit the ASCI website and fill out the complaint form detailing the misleading advertisement.
• ASCI will then review the complaint and may take steps to remove the ad, issue a warning to the advertiser, or ask for modifications to the ad.
• ASCI also investigates celebrities or influencers who make misleading claims in their promotions and can take corrective actions.

5. File a Complaint in Consumer Court

If the consumer suffers financial or personal harm due to a misleading ad, they can file a complaint in the Consumer Court (District, State, or National Consumer Forum) for redress.

• The consumer must provide evidence such as advertisement screenshots, purchase receipts, and medical records (if applicable).
• The Consumer Forum can order the business to compensate the consumer for financial losses or distress caused by the misleading ad.

What Compensation Can Be Sought?

Consumers who have been misled by advertisements on social media can claim:

• Refund or replacement for the product purchased based on misleading claims.
• Compensation for financial losses, emotional distress, or inconvenience caused by the deceptive ad.
• Penalties or fines on the business or influencer responsible for the misleading ad.

Example

Scenario: A consumer sees a Facebook ad for a skincare product that claims to completely remove acne scars in just one week. The consumer purchases the product but finds no results. The ad was misleading, as the product does not live up to the advertised promises.

Steps to Take:

• Report the Ad on Facebook: The consumer reports the ad to Facebook, detailing how the claims were false.
• Contact the Seller: The consumer contacts the company for a refund, but they refuse to take responsibility.
• File a Complaint with CCPA: The consumer files a complaint with the Central Consumer Protection Authority, providing evidence of the misleading ad and the financial loss incurred.
• Approach ASCI: The consumer also files a complaint with ASCI regarding the false advertising claim.
• Seek Compensation: The consumer may approach the consumer forum if they seek compensation for the harm caused by the product and misleading advertisement.

Conclusion

Misleading advertisements on social media are a serious concern for consumers, and under the Consumer Protection Act, 2019, consumers have the right to file complaints and seek compensation. Whether through CCPA, ASCI, or consumer courts, there are effective legal avenues available to challenge deceptive advertising practices.