Legal Question in Securities Law in Maryland

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What type of lawyer would I need to take on a false advertisment case


Asked on 12/30/05, 3:06 pm

1 Answer from Attorneys

Steven Rinaldi Steven D. Rinaldi, P.C.

Re: about a lawyer

Your question concerns a false advertising case. You need to be more specific in order for me to answer the question.

If you have purchased any securities as a result of false advertising, then you need a securities litigator. Also if you have purchased any securities as a result of false advertising, you should notify the United States Securities and Exchange Commission Enforcement Division, and the Maryland Attorney General's Office, Securities Division (Enforcement). If the securities are listed on NASDAQ then I would also contact NASD's Enforcement Division too.(Note: a security is defined as (1)an investment of money, (2) in a common enterprise, (3) with the expection of a profit, and (4) to be derived in whole or in large part from the efforts of others.) (Securities include stocks, bonds, notes, participation interests, etc.)

If you are a consumer, and have purchased a product or service as a result of the false advertisement, then you need an attorney who understands consumer protection law, as well as is a litigator. In this case you should also notify the Federal Trade Commission, and the Maryland Attorney General's Office.

If a bank/savings association, or savings bank is making false or deceptive claims in their advertising then you need a litigator who has a good understanding of consumer lending laws and regulations. Also you should refer the matter to the bank's/savings assocaition/saving's bank's chartering agency (Office of Comptroller of the Currency for National Banks, Office of Thrift Supervision for National Savings Banks/National Savings Associations, Federal Deposit Insurance Corporation for State Chartered Banks, Savings Associations, and Savings Banks) National Banks usually have an N.A. at the end of their name. Federal Savings Banks have an F.S.B. at the end of their name.

If however, you own a business and your competitor is making false and misleading advertisements about your business, then you have an unfair competition claim. In this case you need an attorney who is an experienced trademark litigator, and who has a very good understanding of trademark law.

It really depends on what type of false claims are being made. You need to be more specific.

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Answered on 1/02/06, 12:30 pm


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