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Re:Theranos, CEO Holmes, and Former President Balwani Charge... by rayiner on Wednesday March 14, 2018 @04:18PM (#16587936)
It’s probably “fine” in the sense that nobody will sue you. But you’re basically arguing “it’s okay to lie to consumers about something that’s immaterial.” That’s true, but the standard for materiality under state consumer protection law is pretty low. E.g., under California’s Unfair Competition Law, statements that a lock was Made in America were found actionable under the UCL, even though the lock worked perfectly fine. People might care whether the service is automated or not, even if the end product is the same.

Of course, the benefit from the puffery might outweigh whatever legal risk exists. I’d call that a “calculated risk,” not “fine.”

Re:Theranos, CEO Holmes, and Former President Balwani Charge... by dragonwriter on Wednesday March 14, 2018 @07:45PM (#16589391)
> But you’re basically arguing “it’s okay to lie to consumers about something that’s immaterial.”

If it's a significant factor in a buying decision, it's not immaterial. If it's not material, it's probably not worth lying about.