Can we sue business consultants for false advertising?
IHAVE been trying, for the longest time, to understand what makes management consultants popular with clients, and I am talking about clients who may be blinded by a baseless perception blinds them? Assuming all things being equal and that all consultants have well-balanced corporate experience and good education, accentuated by postgraduate degrees, how do organizations choose the best?
Is it about good looks? An ability to articulate ideas in a pleasant speaking voice? The training methodology used? How about his use of humor to help keep the audience awake? How do foreign consultants compete with locals who understand the culture, or vice versa? Who is better – female or male consultants? What about the pricing scheme? Do clients choose the one who charges the lowest professional fee, unmindful of the common expression – “If you pay peanuts, you’ll get monkeys?”
How about the consultant’s client feedback, which could be solicited via a barter deal with people and organizations in exchange for giving his services free of charge? Or, would you prefer someone with an ace in the form of bestselling books up his sleeves?
As an incurable fact-checker, I wonder how a consultant could prove he is a “bestselling author,” even when he’s not? Does his name appear in the best or other popular brick-and-mortar stores, or on online bookshops?
The trouble is that many prospective But not Robert Esguerra (not his real name), a fact-checking crusader: “I can who claim they have achieved some
I was surprised and equally stunned to me because my life has been an open secret when I started my part-time career
I have known Robert for some time who, the moment he sees a reckless bus or truck driver, would readily take a video of the culprit, including the contact numbers of the vehicle operator
As soon as he gets the chance, he graft-ridden, snail-moving government agency, but with the Human Resource driver’s employer is more effective in
really, can you sue a consultant for false advertising, when he claims he’s a “bestselling author,” when in fact, he’s not? Taking Robert seriously, I asked my lawyer-friend Pol Sangalang for advice: “Can we go after a consultant for fake information in his CV or in his marketing peripherals similar to background-check on new employees?”
- ness and labor relations, says: “We have a doctrine called caveatemptor or buyer constitute fraud, the consultant can’t be sued, unless it is made explicit in the service contract that such representation was one of the main considerations” in
Sure, the client must be aware of the can’t we take a more aggressive action here against swindlers masquerading as business consultants? If a consultant uses a motivational and “inspir positively the behavior of people and to preach about integrity, honesty and
Unfortunately, in nearly every pro - ing proposal and a detailed version of
And of course, demand specific details about himself as a “bestselling
The moment he replies with the sound in teaching him a good lesson on hon
At least, you’ve levelled the playing