 Advertising Law Truth In Advertising Law - Information Every Advertiser Should Know By Jim Hart. TRUTH IN ADVERTISING.
Below is an excerpt from our Business Kit "Advertising Works" --this is information that anybody who is advertising should know:
Any advertising is serious business. It reflects you, your business, product and/or service. There are laws governing "truth in advertising" which are designed to prevent people from making false claims in advertising. If you have specific questions about these laws requiring answers you are advised to consult an attorney. If you can not afford to retain the services of an attorney then follow these simple rules of thumb:
- FALSE ADVERTISING-Whatever you say or promise in your advertisement you better be able to deliver! If you can't, then you may be frauding your audience with false advertising which is illegal. No amount of financial success is worth this type of legal problem.
- WARRANTIES-There is basically two kinds of legal promises or warranties: Expressed and implied. An express warranty, for example, is one in which you offer a 30 day money back guarantee if the customer is not satisfied. If the customer returns the product in salable condition within (30 days) and requests a refund, you MUST be prepared to refund ALL the money promptly. An implied warranty or promise is a natural expectation that anybody would have when they purchase a new product...that it is new, free from defect and constructed in a manner represented by the advertising surrounding the sale. When you buy a new car, you "expect" that it will run like a new car should. In other words, it is naturally implied to be from free defect. This doesn't need to be said to the person buying the car because it is a natural expectation of the transaction.
- CHAIN LETTERS-Chain letter programs are illegal. Any "scheme" where money is exchanged and no products or services are delivered is against the law. Not only is it a violation of advertising law, it is an offense against postal regulations. To avoid legal problems do not participate in chain letters.
- BAIT & SWITCH-Bait and switch programs are illegal. Any “scheme” where you mislead people by “baiting them” with an advertisement to sell an offering at a specified price with no intention of delivering the offering but rather to “switch them” into another higher priced offering is false and misleading advertising. To avoid legal problems do not participate in bait and switch schemes.
- THE GOLDEN RULE...Follow the golden rule “Do unto others, as you would have others do unto you”…this will keep you from breaking most of the advertising laws. Honesty is the best policy. If you can't be honest, don't advertise!
Copyright © 2006 James W. Hart, IV All Rights Reserved
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