Yea, it’s certainly a reasonable argument if the wrong information comes from the company itself.
[1] https://en.wikipedia.org/wiki/Law_of_agency
[2] https://www.upcounsel.com/lectl-what-the-california-civil-co...
Whether they've been diligent enough in making that distinction (and whether that's even possible) will very likely be determined in court at some point.
Does it say that in the article or somewhere else? I didn’t see that in the article.