The following, in no particular order, are troublesome areas that may result in false advertising litigation.
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There is strong judicial support for freedom of contract and judicial reluctance to rewrite transactions, especially when no literal falsehood occurred. Assertions of implied falsehood are weaker than proof of an affirmatively stated falsehood.
Investors need to understand they are in "more trouble" than they realize. Many brokers and advisors show little constraint in making statements they cannot possibly support.
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