What are the guidelines for identifying “unfair” or “deceptive” practices?
In Florida, advertisers must abide by the Florida Deceptive and Unfair Trade Practices Act. This law sets out guidelines that identify what constitutes unfair or deceptive trade practices. An advertiser’s behavior or actions can be considered unfair or deceptive if it meets any of the following criteria: 1. It causes a consumer to suffer monetary or other loss; 2. It misrepresents, hides or omits material facts; 3. It provides an unfair advantage over competitors; 4. It does not comply with an applicable statute, rule or regulation; 5. It is likely to deceive or confuse consumers; 6. It is not in the best interest of the public; 7. It uses false or deceptive advertising material; 8. It is not considered a “bona fide” offer; 9. It fails to disclose information required by law; 10. It discourages competitive business practices. In order for a practice to be considered deceptive or unfair, it must meet one or more of the criteria above. Generally, deceptive or unfair practices are those that take advantage of a consumer’s lack of knowledge or experience. Advertisers must take extra care when making statements, to make sure they are accurate and not misleading. Companies that violate these laws can be held liable for damages and may be subject to civil penalties.
Related FAQs
Are there any specific requirements for advertising of environmental products?Can an advertiser be liable for defamation?
Are there any laws governing the use of pricing information in advertising?
Are there any rules prohibiting advertising that is directed at children?
Can advertisers be held responsible for consumer’s reliance on deceptive advertising?
Are there any laws governing advertising of religious beliefs?
Are there any restrictions governing advertising and promotion of firearms?
What legal recourse do consumers have against deceptive advertising?
Are there any restrictions on advertising of services provided by the Federal or state governments?
Are there any specific guidelines for “green” or environmental advertising?
Related Blog Posts
The Basics of Advertising Law - July 31, 2023What is Commercial Speech and How Does it Affect Advertising Law? - August 7, 2023
How to Spot Deceptive Advertising Practices - August 14, 2023
A Guide to Legal Advertising for Businesses - August 21, 2023
Understanding False Advertising Laws - August 28, 2023