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View Full Version : Can I sue for a offensive TV ad?


mchugh207
Jul 29, 2012, 02:37 AM
This TV Car sales ad is called "the ex" The guy is talking to a girl in a red dress and she flips him the Bird! Right on TV! I find it very offensive and want to know if I could TAKE LEGAL ACTION .
(boy, put the word "sue" in and people automatically ASSume greed)

tickle
Jul 29, 2012, 02:39 AM
No, you can't sue them. I have seen this many times on TV, in different situations.

Curlyben
Jul 29, 2012, 02:41 AM
Yeah, sure you can sue, but winning is a different matter entirely.
Who are you going to sue anyway?

mchugh207
Jul 29, 2012, 03:06 AM
It's very offensive! Giving the middle finger on prim time TV, kids are watching... is it OK to flip off someone then? And it's a horrible statement towards the ex

JudyKayTee
Jul 29, 2012, 06:33 AM
it's very offensive! giving the middle finger on prim time TV, kids are watching...is it ok to flip off someone then? and it's a horrible statement towards the ex


This is the legal board, not the moral board. No one is saying it's okay to "flip" someone off.

You can only sue for money - what is your loss or expense due to this ad?

Don't support this merchant.

J_9
Jul 29, 2012, 06:37 AM
This TV Car sales ad is called "the ex" The guy is talking to a girl in a red dress and she flips him the Bird! right on tv! I find it very offensive and want to know if I could sue them.

Seriously? I actually had to laugh at this. What are your damages?

Anyone can sue anyone for anything. The question is... will you win? In this case, no you wouldn't win and it would cost you too much money to try.

mchugh207
Jul 29, 2012, 07:03 AM
This is the legal board, not the moral board. No one is saying it's okay to "flip" someone off.

You can only sue for money - what is your loss or expense due to this ad?

Don't support this merchant.

My grandson see's the ad and repeats the act on the playground, the ad should be taken off

J_9
Jul 29, 2012, 07:06 AM
I guess your grandson needs a talking to then. He needs to be told that this is inappropriate for his age.

mchugh207
Jul 29, 2012, 07:09 AM
It's not Funny, it degrades women! And I highly take offense using the middle finger ,basically saying "f...you" it's profanity and it was on at 8am when my grandson saw it

JudyKayTee
Jul 29, 2012, 07:10 AM
my grandson see's the ad and repeats the act on the playground, the ad should be taken off


Then somebody should speak to him about appropriate behavior and inappropriate behavior, adult behavior and child behavior. Does he watch Superman and try to fly?

mchugh207
Jul 29, 2012, 07:11 AM
I guess your grandson needs a talking to then. He needs to be told that this is inappropriate for his age.

That's fine but the can't talk yet, but now he know how to give the finger!

J_9
Jul 29, 2012, 07:12 AM
Then you monitor his viewing like other parents/grandparents do.

What I find funny is that you think you can take on an automotive giant who has million dollar attorneys on their side.

mchugh207
Jul 29, 2012, 07:13 AM
That's fine but the can't talk yet, but now he know how to give the finger!

It's not appropriate for any age... let alone on TV in the morning

J_9
Jul 29, 2012, 07:16 AM
That's fine but the can't talk yet, but now he know how to give the finger!

Then you punish him for that. Plain and simple.

While I agree that it is offensive, suing is going over the top.

Sue happy people drive me nuts. You think you can sue anyone and everyone who does not meet your moral standards but you will not parent your child/grandchild because you expect the rest of us to do that for you.

If your grandchild cannot "talk yet," then you put appropriate channels on TV such as Disney, if you let him watch TV at all. You can't expect the rest of the world to bow down to your moral standards.

J_9
Jul 29, 2012, 07:18 AM
it's not appropriate for any age ...let alone on tv in the morning

Then you put in a movie or watch appropriate channels for a child his age.

mchugh207
Jul 29, 2012, 07:20 AM
[QUOTE=mchugh207;3214297]it's not appropriate for any age... let alone on TV in the mor
Ning[/QU

Get real, monitor every TV ad on in the morning... please. There are laws when profanity can be aired and yes, I don't care how big the company is, I CAN. That's what's wrong with this country, everyone lets the big corporations get away with stuff because they have money...

tickle
Jul 29, 2012, 07:21 AM
it's not appropriate for any age ...let alone on tv in the morning

Yes, you have pointed that out several times

J_9
Jul 29, 2012, 07:22 AM
get real, monitor every TV ad on in the morning...please.

Yup, I did it with all 4 of my children and now am doing it with 3 of my grandchildren. So I am pretty "real."

mchugh207
Jul 29, 2012, 07:22 AM
Then you put in a movie or watch appropriate channels for a child his age.

That's not the point anyway, I find it offensive to ME and it should be taken off.

J_9
Jul 29, 2012, 07:23 AM
Oh, and who are you going to sue? The car company? The channel you view it on, or the entire network?

mchugh207
Jul 29, 2012, 07:24 AM
Then you monitor his viewing like other parents/grandparents do.

What I find funny is that you think you can take on an automotive giant who has million dollar attorneys on their side.

Not to argue. I don't like the gesture

J_9
Jul 29, 2012, 07:25 AM
That's not the point anyway, I find it offensive to ME and it should be taken off.

So, every program/commercial that is offensive to YOU should be taken off so that no one else can view it?

Again, I agree it's offensive, that's why I monitor my children's and my grandchildren's viewing.

mchugh207
Jul 29, 2012, 07:26 AM
Then somebody should speak to him about appropriate behavior and inappropriate behavior, adult behavior and child behavior. Does he watch Superman and try to fly?

He does not talk yet

J_9
Jul 29, 2012, 07:29 AM
not to argue. I don't like the gesture

I don't like it either, but that doesn't mean you have to SUE. For heaven's sake, be a granparent and put appropriate channels on your television if you insist on letting him watch TV. I can promise you, through experience, that this commercial is not on Disney Channel or Nickelodeon.

J_9
Jul 29, 2012, 07:29 AM
he does not talk yet

He doesn't have to talk to be able to listen.

mchugh207
Jul 29, 2012, 07:32 AM
So, every program/commercial that is offensive to YOU should be taken off so that no one else can view it?

Again, I agree it's offensive, that's why I monitor my children's and my grandchildren's viewing.

This is on local TV while watching the news, a TV ad. As a coffee ad or a McDonald ad. That's letting them get away with such offensive ads... it needs to be banned and I will start with the TV station airing the ad.

J_9
Jul 29, 2012, 07:36 AM
I think you have your priorities skewed. If you don't want your grandson viewing something that might be inappropriate to your moral standards, then you would not have that channel on the television in a room where he can view it.

Your arguments will be shot down by the opposing attorney so fast that your hair would be blown back.

In the end... If you don't want him viewing this kind of television, you would not have it turned on to a channel that is not appropriate for his age.

I promise you, you will lose this, and a lot of money, if you chose to pursue it.

ScottGem
Jul 29, 2012, 07:37 AM
That's not the point anyway, I find it offensive to ME and it should be taken off.

Ok, then lets get real here. I assume you are in the US. In the US the FCC governs what is shown on TV. So what you do, is go here:
http://www.fcc.gov/complaints
And file a complaint. The complaint needs to include when the ad was broadcast and on what channel and what broadcaster.

Send a copy of your complaint to the local station that played the ad. Send a copy to the car dealer or manufacturer that paid for the ad (Car manufacturers often don't control ads placed by local dealers). See if you can find the ad agency that developed the ad and forward a copy of your complaint to them.

The only way you can sue would be to get a lot of people together to sue and even then you don't have a good chance of winning.

I haven't seen the ad, I don't know if its local or national. I don't know how overt the gesture was. I don't know what program was on when the ad was shown. So I can't tell how appropriate it was for your grandchild to be watching. They generally don't play car ads on children's programming.

I can also say that what you find offensive others may find amusing. Another reason you won't be able to successfully sue. But there ARE things you can do. I've detailed them for you. Whether your complaint will result in the ad being pulled, I can't say.

JudyKayTee
Jul 29, 2012, 07:39 AM
he does not talk yet


He doesn't talk - that means he can't listen?

Here's a thought - stop using TV as a babysitter.

J_9
Jul 29, 2012, 07:40 AM
He doesn't talk - that means he can't listen?

Here's a thought - stop using TV as a babysitter.

BRAVO!! Standing ovation!!

J_9
Jul 29, 2012, 07:41 AM
He doesn't talk - that means he can't listen?

Here's a thought - stop using TV as a babysitter.

I can count on one hand how many times the TV is on at my house per month. We communicate rather than watch the boob toob!

ScottGem
Jul 29, 2012, 07:44 AM
This is on local TV while watching the news, a TV ad. as a coffee ad or a McDonald ad. That's letting them get away with such offensive ads...it needs to be banned and I will start with the TV station airing the ad.

This was posted while I was composing my reply. TV news is not age appropriate for a young child. The news can be very scary. So I have to ask you why your grandchild was allowed to watch it?

Let me add that I agree with you that such ads should be pulled. And THAT should have been your question; "How can I complain about an offensive ad?" or "what can I do about an offensive ad?" But I found your question "Can I sue for a offensive TV ad?" to be offensive. That your first thought was to sue is offensive to me.

But I've detailed what you CAN do in my previous post. Let us know what happens.

ScottGem
Jul 29, 2012, 07:49 AM
Here's a thought - stop using TV as a babysitter.

In my initial reply here I was thinking similarly. Car ads are generally not broadcast during children's programming. So the question of what the program was is a key issue here. We now know it was a local news broadcast. So if this ever got to a court (which is highly unlikely) the opposing attorney is going to rip the OP a new one for allowing a toddler to watch such programming.

I also have to wonder about a child that doesn't talk yet, being "on the playground". Most children don't get to a playground except in a carriage or stroller, until they can interact with others.

mchugh207
Jul 29, 2012, 08:00 AM
I think you have your priorities skewed. If you don't want your grandson viewing something that might be inappropriate to your moral standards, then you would not have that channel on the television in a room where he can view it.

Your arguments will be shot down by the opposing attorney so fast that your hair would be blown back.

In the end....If you don't want him viewing this kind of television, you would not have it turned on to a channel that is not appropriate for his age.

I promise you, you will lose this, and a lot of money, if you chose to pursue it.

Like I said, the argument is not about the kid watching TV (That I can handle, thank you) I am talking about the ad being aired at prime time, and I find it offensive and inappropriate to people who are just watching the morning news. It's not about the money, it's about the law and what can and can noy be aired at certain hours... they, broke the law.

Fr_Chuck
Jul 29, 2012, 08:02 AM
I find cartoons and TV shows that show witchcraft as acceptable very offensive, So what do I do, I inform their sponsers I will not buy their products. Or watch their shows.

I don't think women should be walking around in their underwear, so I do the same.

Note there is little TV I can watch any longer.

I think 90 percent of children cartoons are too violent

So you have no law suits, the governments use what is called relativism in their moral values. There are few "morality" laws that even exist today. Hand signs are done by major bands now ( and many in the past)

Teaching the child the correct moral teachings is required since they will get much worst than this often on cartoon shows ( sounds like you don't really watch what is being watched if this is the worst you are offended by)

But start a group, go to picket this advertiser, be out of front of their business with signs showing their moral lapse.

Look at the gay community is trying to do to Chick Fila for standing up for their beliefs.

Fr_Chuck
Jul 29, 2012, 08:04 AM
like I said, the argument is not about the kid watching TV (That I can handle, thank you) I am talking about the ad being aired at prime time, and I find it offensive and inappropriate to people who are just watching the morning news. It's not about the money, it's about the law and what can and can noy be aired at certain hours....they, broke the law.

The law on this is not one you can sue for, you can report them to the FCC who may or may not fine the station. Not the advertiser, it is the station that broke the law ( if one was really broke)

mchugh207
Jul 29, 2012, 08:05 AM
This was posted while I was composing my reply. TV news is not age appropriate for a young child. The news can be very scary. So I have to ask you why your grandchild was allowed to watch it?

Let me add that I agree with you that such ads should be pulled. And THAT should have been your question; "How can I complain about an offensive ad?" or "what can I do about an offensive ad?" But I found your question "Can I sue for a offensive TV ad?" to be offensive. That your first thought was to sue is offensive to me.

But I've detailed what you CAN do in my previous post. Let us know what happens.

The word "sue" means take legal action. People label it as a bad word, a greedy word.

ScottGem
Jul 29, 2012, 08:05 AM
like I said, the argument is not about the kid watching TV (That I can handle, thank you) I am talking about the ad being aired at prime time, and I find it offensive and inappropriate to people who are just watching the morning news. It's not about the money, it's about the law and what can and can noy be aired at certain hours....they, broke the law.

Umm what law did they break? Certainly not the first amendment. In fact, there is NO law about that. What there is are FCC guidelines and regulations. So do what I told you, report it to the FCC.

And you made it about "the kid", since you brought it up.

ScottGem
Jul 29, 2012, 08:10 AM
The word "sue" means take legal action. People label it as a bad word, a greedy word.

Because it is. It doesn't just mean to take legal action it means to take action to seek redress. Again, your question should have been what to do about the ad not can I sue?

And did you read all the posts? Have you filed your FCC complaint yet?

mchugh207
Jul 29, 2012, 08:15 AM
He doesn't talk - that means he can't listen?

Here's a thought - stop using TV as a babysitter.

{insults removed}
First off you ASSUME the TV was on as a babysitter, and second you assume he is old enough to listen. This has nothing to do with the child. This has nothing to do with parenting. Get it yet

mchugh207
Jul 29, 2012, 08:20 AM
In my initial reply here I was thinking similarly. Car ads are generally not broadcast during children's programming. So the question of what the program was is a key issue here. We now know it was a local news broadcast. So if this ever got to a court (which is highly unlikely) the opposing attorney is going to rip the OP a new one for allowing a toddler to watch such programming.

I also have to wonder about a child that doesn't talk yet, being "on the playground". Most children don't get to a playground except in a carriage or stroller, until they can interact with others.

It's nothing to do with the kid! I, ME, MYSELF IS offended with the ad! Where are you people getting this! I said nothing about parenting issues and playgrounds. This ad is on the air ALL day... Every day. Do you want me to run to the TV and turn it off every time it comes on! I can't enjoy my programs!

ScottGem
Jul 29, 2012, 08:21 AM
{insults removed}
first off you ASSUME the tv was on as a babysitter, and second you assume he is old enough to listen. this has nothing to do with the child. this has nothing to do with parenting. get it yet

YOU brought this up by bringing the child into it. So you left yourself open here. You made the fact that your grandson learned and emulated the gesture a part of your complaint.

A child learns from infancy by observing their surroundings. So yes, even an infant is old enough to listen and observe. You proved it yourself by saying he repeated the gesture.

JudyKayTee
Jul 29, 2012, 08:22 AM
{insults removed}
first off you ASSUME the tv was on as a babysitter, and second you assume he is old enough to listen. this has nothing to do with the child. this has nothing to do with parenting. get it yet


No, you ASSUME nobody is reading what you've posted OR you don't know what you posted.

Somebody said something about a child repeating the gesture on the playground. I thought it was your Grandchild who was giving people the finger based on what he saw on TV. So he DIDN'T see that gesture on TV? Where did he learn it?

Oh, wait, you DID say it: "my grandson see's the ad and repeats the act on the playground, the ad should be taken off"

You are coming across as confused - it's the morning new, it's not the morning new, he doesn't listen to/watch TV, he does. No one is using the TV as a babysitter but the ad has been on more than once and no adult is there to see the ad start and turn the channel.

The child watches the news and the people shot to death in a movie theatre in Oklahoma but having him see someone getting "the finger" upsets you?

By all means sue - and keep us informed.

I see your attitude here (which, by the way "I get"). I can only imagine the impression you'll make on the FCC, your local TV station, an Attorney, the Court.

The legal advice has been posted - and explained. I think it's time to close this.

If you need emotional help, go over to the emotional boards and explain the damage to your mental state by being forced (apparently you can't change the channel on your TV) to watch this particular commercial. It must start with "the finger" or else you'd see it starting, figure "oh, no" and change the station.

There are shows I don't watch because they are too violent. I don't frequent their sponsors or buy their sponsors' products.

I don't know that anyone cares but, again, I do have the ability to change the channel.

ScottGem
Jul 29, 2012, 08:26 AM
it's nothing to do with the kid! I, ME, MYSELF IS offended with the ad! where are you people getting this! I said nothing about parenting issues and playgrounds. This ad is on the air ALL day...Every day. do you want me to run to the TV and turn it off every time it comes on! I can't enjoy my programs!

Umm yeah you did:


my grandson see's the ad and repeats the act on the playground, the ad should be taken off

It was in post 7.

So again I ask, have you filed a complaint with the FCC like I told you to do more than 40 minutes ago?

mchugh207
Jul 29, 2012, 10:31 AM
Yes I did and thank you

ScottGem
Jul 29, 2012, 10:53 AM
yes I did and thank you

Ok, now let me explain something about this site. We are different from other Q&A sites because we don't just dryly answer questions. We try to deal with the whole situation.

So the situation here was you asked about filing suit rather than what you could do about the situation. Also, as part of your complaint you referred to your grandson emulating the behavior. So we saw three issues here. Issue one was what you could do about the ad. Issue two was your jumping to a law suit as the solution. Issue three was why was your grandson exposed to the programming.

Our responses dealt with all three issues. So now that they have been dealt with, let us know what results you get from your filing a complaint.

Alty
Sep 14, 2012, 03:34 PM
Sir or Madam: May one suggest that you unplug your tv. Better yet, give it away and get a library card. Your grandson needs to excel in school.

From a teacher.

Best post of the day! Love it! Greenie to you! :)