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ARTICLE · 05 APRIL 2019

Is "More" Puffery?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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A lawsuit in the Northern District of Illinois between credit score companies, Fair Isaac Corporation v. Trans Union, includes a short but interesting discussion about puffery.

United StatesMedia, Telecoms, IT, Entertainment

A lawsuit in the Northern District of Illinois between credit score companies, Fair Isaac Corporation v. Trans Union, includes a short but interesting discussion about puffery.

When evaluating claims under the Lanham Act or state consumer protection laws, courts often find (sometimes unexpectedly) that an advertiser's statements about its products and services are puffery. Is this because there's often a fine line between whether a statement is a claim or puffery? Do courts believe that consumers are not as gullible as some fear that they are? Or do courts just think that advertisers are entitled to some latitude when advertising their products and services and that every boast and exaggeration -- even when making arguably objective statements -- shouldn't necessarily be the basis for a false advertising claim?

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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