How do I make a complaint about a misleading advertisement?
I went into a shop to buy a product that had been advertised in a promotion. But the shop had none in stock at all.
I won the bid for an iPod off TradeMe but it is not what it is supposed to be.
How do I make a complaint about a misleading advertisement?
It doesn’t cost anything to complain to the Advertising Standards Authority (ASA) and anyone can do it. Legally, no advertisement should mislead a consumer. Where the complaint involves a print advertisement, you should send that in with your complaint. If you are complaining about a broadcast then you should include the date, the name of the television or radio station, and roughly the time you saw the advertisement.
I went into a shop to buy a product that had been advertised in a promotion. But the shop had none in stock at all.
The Fair Trading Act says that a business has to:
- Supply advertised goods or services
- Have those goods or services at the advertised price
- Have them for a reasonable amount of time
- Stock those goods and services in reasonable quantities
However there is no definition of ‘reasonable’; it will depend on the market. Businesses need to be careful that if supplies are limited, they say so in their advertising. The shop should have a ‘rain check’ system in place to make sure they can get you what you want as soon as possible. If they don’t, you can complain to the Commerce Commission. For more information or advice contact your local Citizens Advice Bureau or read this Guide to the Fair Trading Act.
I won the bid for an iPod off TradeMe but it is not what it is supposed to be.
Unfortunately, auctions are not covered by the Consumer Guarantees Act and neither are online auction sites like TradeMe. This means you don’t get the same protection as you would when you buy something from a shop. If you bought your iPod from a business that is selling online then you are covered by the Fair Trading Act. If you bought the iPod from a private seller then you are not covered by either Act.
You might be able to get compensation under the Contractual Remedies Act if you can show that;
- you were persuaded to buy the item by what the seller said about it, and
- what the seller said was untrue, and
- the seller’s false statements have caused you to lose money
Make sure you place feedback on the seller’s profile so other users know to be careful when buying from that seller. For more information about your situation and your rights contact your local Citizens Advice Bureau.