Fact vs Hype: You'd Better Be Sure
Detailed product descriptions and key feature listings are essential for any online store. They help sell the product and give online stores a leg up on competitors. But just how accurate are your product descriptions? Are you leaving the door open for an unnecessary lawsuit?
Bed Bath & Beyond (BB&B) is finding out exactly what lengths people will go in claims of false advertising. Small business owners may feel “protected” in this sense, after all, attorneys are most likely only going to take cases whereas they think a significant amount of money can be earned. Then again, individual claims can be just as damaging to your finances and reputation.
I’m referring to the Thread Count Settlement, whereas BB&B is paying the price for printing the wrong thread count on some of their sheets, pillow cases, and other bedding. The suit claims that the company misrepresented the thread count using an incorrect method. BB&B says the signage and other labeling provided accurate information
Having been the head of a class-action suit myself, I know that the majority of cases that result in prior customers receiving discounts or coupons still end with representing counsel receiving payment for services. Very few attorneys take these types of cases on principle alone; they either stand to gain fees by the defendant in settlement, or (rarely) those bringing forth the suit pay the attorney out of pocket.
What makes me nervous here, though, is knowing that this was approved as a class action by a Federal Judge. Getting a class action approved, in most states, is not necessarily a difficult process, but it does require a tremendous amount of time, a load of paperwork, depositions, and the collection of statements from several “plaintiffs”. It’s commonly initiated by one person, then attorneys reach out to find more (you’ve seen those commercials for Fen-Fen users, etc.).
NOTE: If you’re wondering why April White (the head of the class) would move forward with such for the proposed settlement of coupons and gift cards, it is common that the head of a class action receive monetary compensation. Though, I do not know if that is the case here.
I wonder, however, if there were efforts (even legal ones) to return the product(s) in question. Since BB&B is denying the claim, it makes sense that the company wouldn’t just advise consumers to return items en masse.
Many small business owners think that the standards “Big Dogs” have to follow either don’t apply to them, or that they’d never be the target of any claim of this type because their pockets just aren’t deep enough. Unfortunately, there are thousands of small businesses who are being sued today, and the owners and employees have far more to lose.
Product hype and descriptions, no matter how minute, need to be accurate. When hyping products and giving “potential” results, be sure to include a disclaimer about actual results or lack of government approval, etc. These few lines of text can actually save you. And, by all means, if a customer alerts you to a mistake in features on a product, research it and make changes as necessary (and, thank the customer, because he/she might have just saved you money and a great big headache). In some cases, you may want to contact prior purchasers to advise them of the snafu and offer to rectify the situation - I would urge you to consult with an attorney to determine the necessity (or potential downfall) of such action.
Of the utmost importance is honesty. Disclaimers, such as an explanation that data posted is provided to you by a third-party (i.e. the manufacturer) can help nip issues in the bud and save you right from the get go. Again, consult your attorney for proper terminology and to confirm that the wording used grants you the highest level of protection.
Doing any type of business is a liability, legitimate claims or not. Ironically, for the small business owner, the steps needed to impose protection are commonly quite inexpensive and do not take a significant amount of time.
This post is filed under Developers' Corner and has the following keyword tags: site content, product descriptions.
