(2) In this subsection: (A) The term “misleading statement” includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likelihood or tendency to mislead the intended recipient of the communication under the circ*mstances in which the communication is made. Such term includes the use of student endorsem*nts or testimonials for an educational institution that a student gives to the institution either under duress or because the institution required the student to make such an endorsem*nt or testimonial to participate in a program of education. (B) The term “misrepresentation” means any false, erroneous, or misleading statement, action, omission, or intimation made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an eligible institution, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services. (C) The term “substantial misrepresentation” means misrepresentation in which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person’s detriment.
FAQs
Definition: misleading statement from 38 USC § 3696(b)(2) | LII? ›
(B) The term “misrepresentation” means any false, erroneous, or misleading statement, action, omission, or intimation made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an eligible institution, one of its representatives, or any ...
What is the meaning of misleading statement? ›If you describe something as misleading, you mean that it gives you a wrong idea or impression. It would be misleading to say that we were friends. Synonyms: confusing, false, ambiguous, deceptive More Synonyms of misleading. misleadingly adverb. The data had been presented misleadingly.
What is the legal definition of misleading? ›: possessing the capacity or tendency to create a mistaken understanding or impression compare deceptive, fraudulent.
What is defined as statements which are misleading and erroneous? ›A false statement, also known as a falsehood, falsity, misstatement or untruth, is a statement that is false or does not align with reality. This concept spans various fields, including communication, law, linguistics, and philosophy. It is considered a fundamental issue in human discourse.
Is a misleading statement includes any statement that has the likelihood or tendency to deceive? ›In this subsection: (A) The term “misleading statement” includes any communication, action, omission, or intimation made in writing, visually, orally, or through other means, that has the likelihood or tendency to mislead the intended recipient of the communication under the circ*mstances in which the communication is ...
What is the difference between misrepresentation and misleading? ›A misrepresentation is a false or misleading statement or a material omission which renders other statements misleading, with intent to deceive. Misrepresentation is one the elements of common law fraud, and other causes of action for fraud, such as securities fraud.
Is misleading the same as deceptive? ›deceive, mislead, delude, beguile mean to lead astray or frustrate usually by underhandedness. deceive implies imposing a false idea or belief that causes ignorance, bewilderment, or helplessness. mislead implies a leading astray that may or may not be intentional.
How do you prove misleading? ›- The statement was false or misleading.
- The person who made the statement knew or should have known it was false or misleading.
- The statement induced you to enter into the transaction.
- You suffered harm as a result of the misrepresentation.
If a business creates an overall misleading impression about the price, value or quality of consumer products or services, it is likely to be breaking the law. It is the business's actions and statements that matter – not their intentions. A business can mislead and deceive, without intending to.
Can you be sued for misleading? ›In California, the state attorney general may bring a civil suit against companies who violate California Business and Professions Code 17500, which makes false and misleading advertising illegal. Consumers can also bring civil suit against companies for false advertising.
What is the legal term for a false statement? ›
Perjury, also known as false oath, forswearing, and falsehood, refers to knowingly making a false statement under oath or knowingly signing a legal document that is false or includes false statements.
What is the legal term for untrue statements? ›Slander is the legal term used to describe false statements made by one party against another. It is a form of defamation that is communicated verbally to a third party, which makes it temporary. The subject of slanderous statements can pursue legal action against the slanderer(s).
What is an untrue statement of fact? ›— The term “misrepresentation of fact” means a false statement of substantive fact, or conduct that leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.
What is misleading and deceptive conduct intention? ›For conduct to be misleading or deceptive, it is not necessary that the conduct conveys either an express or implied representation, but that the conduct is sufficient to lead, or likely to lead, a consumer into error.
What word means a false or misleading argument? ›A fallacy is a misleading argument or belief based on a falsehood.