Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Can I sue for a offensive TV ad? (https://www.askmehelpdesk.com/showthread.php?t=688147)

  • Jul 29, 2012, 02:37 AM
    mchugh207
    Can I sue for a offensive TV ad?
    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)
  • Jul 29, 2012, 02:39 AM
    tickle
    No, you can't sue them. I have seen this many times on TV, in different situations.
  • Jul 29, 2012, 02:41 AM
    Curlyben
    Yeah, sure you can sue, but winning is a different matter entirely.
    Who are you going to sue anyway?
  • Jul 29, 2012, 03:06 AM
    mchugh207
    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
  • Jul 29, 2012, 06:33 AM
    JudyKayTee
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 06:37 AM
    J_9
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:03 AM
    mchugh207
    Quote:

    Originally Posted by JudyKayTee View Post
    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
  • Jul 29, 2012, 07:06 AM
    J_9
    I guess your grandson needs a talking to then. He needs to be told that this is inappropriate for his age.
  • Jul 29, 2012, 07:09 AM
    mchugh207
    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
  • Jul 29, 2012, 07:10 AM
    JudyKayTee
    Quote:

    Originally Posted by mchugh207 View Post
    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?
  • Jul 29, 2012, 07:11 AM
    mchugh207
    Quote:

    Originally Posted by J_9 View Post
    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!
  • Jul 29, 2012, 07:12 AM
    J_9
    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.
  • Jul 29, 2012, 07:13 AM
    mchugh207
    Quote:

    Originally Posted by mchugh207 View Post
    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
  • Jul 29, 2012, 07:16 AM
    J_9
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:18 AM
    J_9
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:20 AM
    mchugh207
    [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...
  • Jul 29, 2012, 07:21 AM
    tickle
    Quote:

    Originally Posted by mchugh207 View Post
    it's not appropriate for any age ...let alone on tv in the morning

    Yes, you have pointed that out several times
  • Jul 29, 2012, 07:22 AM
    J_9
    Quote:

    Originally Posted by mchugh207 View Post
    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."
  • Jul 29, 2012, 07:22 AM
    mchugh207
    Quote:

    Originally Posted by J_9 View Post
    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.
  • Jul 29, 2012, 07:23 AM
    J_9
    Oh, and who are you going to sue? The car company? The channel you view it on, or the entire network?
  • Jul 29, 2012, 07:24 AM
    mchugh207
    Quote:

    Originally Posted by J_9 View Post
    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
  • Jul 29, 2012, 07:25 AM
    J_9
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:26 AM
    mchugh207
    Quote:

    Originally Posted by JudyKayTee View Post
    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
  • Jul 29, 2012, 07:29 AM
    J_9
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:29 AM
    J_9
    Quote:

    Originally Posted by mchugh207 View Post
    he does not talk yet

    He doesn't have to talk to be able to listen.
  • Jul 29, 2012, 07:32 AM
    mchugh207
    Quote:

    Originally Posted by J_9 View Post
    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.
  • Jul 29, 2012, 07:36 AM
    J_9
    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.
  • Jul 29, 2012, 07:37 AM
    ScottGem
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:39 AM
    JudyKayTee
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:40 AM
    J_9
    Quote:

    Originally Posted by JudyKayTee View Post
    He doesn't talk - that means he can't listen?

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

    BRAVO!! Standing ovation!!
  • Jul 29, 2012, 07:41 AM
    J_9
    Quote:

    Originally Posted by JudyKayTee View Post
    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!
  • Jul 29, 2012, 07:44 AM
    ScottGem
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 07:49 AM
    ScottGem
    Quote:

    Originally Posted by JudyKayTee View Post
    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.
  • Jul 29, 2012, 08:00 AM
    mchugh207
    Quote:

    Originally Posted by J_9 View Post
    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.
  • Jul 29, 2012, 08:02 AM
    Fr_Chuck
    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.
  • Jul 29, 2012, 08:04 AM
    Fr_Chuck
    Quote:

    Originally Posted by mchugh207 View Post
    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)
  • Jul 29, 2012, 08:05 AM
    mchugh207
    Quote:

    Originally Posted by ScottGem View Post
    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.
  • Jul 29, 2012, 08:05 AM
    ScottGem
    Quote:

    Originally Posted by mchugh207 View Post
    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.
  • Jul 29, 2012, 08:10 AM
    ScottGem
    Quote:

    Originally Posted by mchugh207 View Post
    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?
  • Jul 29, 2012, 08:15 AM
    mchugh207
    Quote:

    Originally Posted by JudyKayTee View Post
    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

  • All times are GMT -7. The time now is 06:11 AM.