To avoid being false advertising, an online advertisement (on a website, through e-mail, or multimedia) must:
In addition, an advertiser must have sufficient evidence to back up any claims made in the advertisement.
To avoid making a misleading claim, an advertisement may need a disclosure to be included with the ad. All disclosures must be clear and conspicuous. To determine if a disclosure is clear and conspicuous, consider:
Also, any disclosure must be displayed on the screen prior to purchase of the product being advertised.
Some advertisements sent through e-mail can create false impressions that the recipient was "specifically selected" for an offer not available to the general public. This is especially true when the offer is being viewed through a more intimate medium, like a website. Therefore, if an email invites consumers to telephone the sender to purchase goods or services offered, the phone call is subject to Telemarketing Sales Rules, as is the subsequent sale.
If you feel that you have been defrauded by a false advertisement, you should first contact your state consumer protection agency. If the false advertising had serious effects on your business or person, conferring with a lawyer is essential. An experienced attorney can evaluate your case and inform you of your rights. If you have been accused of false advertising, you should speak to a lawyer immediately.
Last Modified: 01-26-2015 11:57 AM PSTLaw Library Disclaimer
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