TV Show comes to town.

[MarilynLV]

What is the name of your state (only U.S. law)? MASSACHUSETTS.

A popular TV show came to town and solicited applicants, donors and volunteers for a house to be built in economically depressed Western Massachusetts for a deserving family.

All the publicity stated it was for someone in Western Massachusetts. Even the network affiliate station said Western Massachusetts on their website.

When all was said and done, the house was built in a wealthy suburb in Connecticut.

Apparently no donations were solicited in CT, it was all donations from the good people of Western Massachusetts.

Could this be construed as false advertising?


And no, I wasn't an applicant.

 

[quincy]

Yes, it could be construed as false advertising.

Edit to add: The answer above was a rather cheap one, tossed off quickly, and based only on the use of the word "construed." I have time now to give a better, more complete and accurate answer.

False advertising is the use of false or misleading statements in advertising that could potentially persuade a person into purchasing something they might not otherwise purchase. It would involve a commercial transaction and laws on false advertising are based on a consumer's right to know what he/she is buying prior to purchase. What is illegal in false advertising is the intent to deceive a consumer.

What is a more accurate description of what this charitable organization did was to raise money under false pretenses, by lying about material facts. "False pretense" could be covered under a state's fraud statute or theft laws or consumer protection laws (among others).

In Massachusetts, there is a "Professional Fund Raising Guide" which outlines what are unfair and deceptive practices in regard to charitable fund raising. If there have been deceptive claims made in order to raise money, if consumers have been "duped" into donating by the claims made, if there has been material misrepresentation as to where the money is going, then these would be considered unfair and deceptive practices. The penalties that can result from such unfair and deceptive practices can include injunctions, financial penalties, a permanent ban from further charitable fund raising in the state and, if any criminal law can be shown to have been violated (ie. theft, fraud), then prison is a possibility. Larceny, in Massachusetts, includes the obtaining by false pretenses the money of another.

 

[patstew]

All the publicity stated it was for someone in Western Massachusetts. Even the network affiliate station said Western Massachusetts on their website.

When all was said and done, the house was built in a wealthy suburb in Connecticut.

How do you know the donations obtained in Massachusetts were used for the project in Connecticut?

 

[Some Random Guy]

More to the point, If you were a donor to the project, have you requested a refund of your donation? Has the company refused to provide a refund for their fundraising under false pretenses?

If you are not a donor, then what is your dog in this fight?

 

[cyjeff]

Could it be possible that a depressed family in Western Mass is now going to be living in CT?