Business to business letter of complaint re misrepresentation (advertising)
As a business, you're also a customer. Businesses frequently find themselves in the same position as consumers, where information provided to them is either misleading, or just plain wrong, like false advertising.
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When the information is provided as advertising, you can do a lot about it.
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By law, advertising is supposed to be correct in terms of the actual information it provides regarding products or services.
This means relevant information about the nature, performance and functions of the products or services.
Other information regarding support or repair may also be considered misrepresentation if found to be incorrect.
Misrepresentation does NOT refer to words or claims like 'Best' or other descriptors.
If a watch is advertised for sale as '18 carat gold, 20 year full warranty, and services for the watch are available around the world,' and that's not correct, it's misrepresentation.
For business, misrepresentation can be a real problem. Buying a product or service which doesn't deliver what it claims is usually very expensive.
Depending on where you live, you can complain to your government, or a non government regulator of advertising.
This doesn't directly affect any claim you may have against a false advertiser.
However, it's not a toothless action. Both the advertiser and the advertising agency involved can lose a lot of money in withdrawal of the ad and ensuing legal claims against each other.
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The example below is a letter to a government agency explaining the problem and the effect of the false advertising. The writer knows the law, and has added a few references for the reader.
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Example:
Business letterhead
Addressee
Our reference
Contacts
Dear…
False advertising building of material quality by Sandcastle Inc.
Our firm recently purchased materials from Sandcastle Inc. which were advertised as high quality cement, building sand, and lime. (See copy of advertisement on www.BuildersDailyDose.com, attached.)
The quality of the materials was appalling.
- The cement is quite unreliable, and according to our builders it doesn't set, even after weeks.
- The building sand is apparently beach sand. It definitely isn't any known form of builder's sand, coarse or fine, and has seashells in it.
- The lime simply isn't lime. We have yet to discover what the material is, despite chemical analysis.
As you can see from the advertisement, the materials advertised are clearly described as top quality building materials. Attached please find a statement from Hiskeptic Laboratories regarding chemical analysis of the products we purchased and the lab's opinion of their use as building materials.
I request your agency take action under sections 201(4) and 201(5) of the Advertising Act to enforce removal of this advertisement. In our opinion prosecution for this blatant offense would be warranted.
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If you require further information, please contact the writer directly on either the above phone or email contacts.
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Yours sincerely
Sign
Title
Date
Disclaimer
Please note:
- This text is intended for advisory and guideline purposes only.
- Any business letter can become a legal document, so check your content properly before issuing.
- Any executable or statutorily defined document should be checked for compliance with legal requirements, and you should seek legal advice regarding its contents.
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Business Letters 
