| rev:text
| - The new owner, Greg, bought Larry Reynold's business, didn't take down Larry's website or have it forward to his new site where he changed it's name, and raised prices. All his prerogative as a business owner even if it doesn't make sense to do. What isn't his prerogative is to advertise pricing on his website and then when you get there have a different set of pricing and not standing behind published pricing. It's actually legally called false advertising (see definition below).
I found Larry Reynold's website. Went to their location to talk to them, was surprised they weren't Larry Reynold but ETS Personal Training. I was assured that they followed Larry's methods and was given a sheet with their pricing which was more than Larry's prices. After I left I looked up the new website for ETS Personal Training and they had another set of pricing that was significantly different from Larry's and the sheet they gave me. I made an appointment to get started figuring I would talk to them about the pricing issue when I got there. I had planned my week so that when I got to my appointment I would buy the products from them to start the nutrition plan they advertised and had talked to them about at my first visit. I believed the nutrition products to be a staple of their business figuring I would take home the products but they didn't have them in stock. I found this very strange and wondered if he was having cash flow problems. I asked about the price discrepancy and was told I should take my training session and that I would then talk to Greg after my session about the price discrepancy because he wasn't there yet. I took my session and then came to the desk to talk to Greg whom told me he could NOT honor the prices he has published on his website. I politely paid for the session I just had taken and left. They advertise on their website and in person that you save money if you do both their training and nutrition plan for 3 months up front. I'd be wary of giving him money since I believe not only is he a bad businessman but is also having cash flow problems.
False advertising definition:
"Any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities" (Lanham Act, 15 U.S.C.A. ยง 1125(a)).
Proof Requirement
To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.
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