Not to argue. I don't like the gesture
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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.
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.
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.
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.
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.
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.
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.
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