| If the Lanham act applies, possibly[1]. This isn't typical false advertising, though, as it's not claiming their service does a thing it doesn't nor is it defaming a competitor, it's lying about interest in the service. Looking at the criteria: > (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; I think a fake number of people looking is a false statement of fact about commercial activity. > (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; Seems like a false number would deceive anyone who saw it. > (3) the deception is also likely to affect the purchasing decisions of its audience; And it would induce them to purchase when they might otherwise hold off the decision. > (4) the advertising involves goods or services in interstate commerce; and It's the web, so naturally. > (5) the deception has either resulted in or is likely to result in injury to the plaintiff. This is where it gets dicey and you'd need to ask a lawyer, or someone familiar with case law. The source I'm citing goes on to say: > The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. I think if you could show, "I would have shopped for another price if I didn't think this was almost sold out," then you might have a case. But... I suspect your damages would be the difference in prices between booking.com and some competitor, which are likely to be fairly small. The source has a whole section on remedies that might apply. [1]: https://legal-dictionary.thefreedictionary.com/False+Adverti... |