Unethical advertising and consumer fraud in the business sector are crimes that directly strike at market credibility and consumer rights. Georgian legislation strictly protects consumers from misleading information. When a company or individual entrepreneur intentionally disseminates false information about the properties of a product or service to gain profit, it goes beyond ordinary marketing and may escalate into criminal liability. The crime under Article 219 involves deceiving a consumer regarding weight, size, count, or creating a false impression about the quality of a product (service). For the accused, this means not only financial loss and reputational damage but also potential imprisonment. Therefore, qualified legal defense is essential to distinguish marketing exaggeration from actual crime.
What does the Advertising Fraud Defense service cover?
Lawyers on our platform focusing on economic crimes offer comprehensive defense:
- Legal audit of advertising materials: Analyzing ad campaigns, labels, and contracts to determine if they contain criminally punishable signs.
- Expertise: Appointing commodity and linguistic expertise to determine how much the product's real properties match the declared ones.
- Analysis of consumer claims: Studying complaints to determine if the deception was systematic and intentional.
- Interaction with the Competition Agency: Often, criminal cases are preceded by administrative proceedings. The lawyer protects the company's interests with the regulator.
- Proving lack of intent: The defense strategy often relies on proving that false information was disseminated due to technical error or lack of information, not intentionally.
Common Real-World Scenarios
Charges of consumer fraud are often related to the following scenarios:
- Falsification of product properties: For example, labeling a product as "bio" or "natural" when it contains chemical additives.
- Price manipulation: So-called "Bait and Switch" tactics, where an ad shows a low price, but the product is not actually sold at that price or additional fees are hidden.
- False promises: Advertising medical drugs or cosmetics promising results that are not scientifically proven.
- Deception in weight or count: Manipulating scales in retail outlets or incorrect calculation of amounts.
Georgian Legal Framework
The main regulations are Article 219 of the Criminal Code of Georgia (Consumer Deception) and the Law on "Advertising." Also important is the Law on "Protection of Consumer Rights." Criminal liability arises when deception occurs in large amounts or repeatedly. The law prohibits "unethical advertising" (including unfair, improper advertising) and provides sanctions. Court practice focuses on whether the disseminated information could influence the economic behavior of an average consumer.
Process and Stages
The defense strategy includes:
- Evidence collection: Seizing internal documentation, quality certificates, and marketing plans.
- Investigative actions: Questioning employees and checking financial documentation.
- Negotiation: Reaching a dismissal of the case or a plea agreement in exchange for compensation of damages.
Why choose a specialist on Legal.ge?
Advertising and consumer disputes require specific knowledge. Legal.ge gives you access to lawyers experienced in business crimes. They will help minimize reputational damage and resolve legal issues. Find a defender on Legal.ge.
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