What are the guidelines for identifying “unfair” or “deceptive” practices?
In Texas, the guidelines for identifying “unfair” or “deceptive” practices in advertising are outlined in the Texas Deceptive Trade Practices Act (DTPA). According to the DTPA, a business practice is considered unfair if it takes advantage of a customer without providing them with sufficient information to make an informed decision. Furthermore, a business practice is considered deceptive if it misrepresents the character, quality, or quantity of the goods or services being offered. The types of practices that are considered deceptive or unfair can vary. For example, it would be considered deceptive to advertise goods or services that are not actually available or using false or misleading information to entice a customer into a purchase. Similarly, it is considered unfair to use hidden charges or fees that were not disclosed in the original advertisement or to design contracts in a way that makes them difficult for customers to understand. In addition to these guidelines, the Texas Attorney General also has the power to take legal action against a company if their advertising practices are found to be in violation of the DTPA. The Attorney General can pursue both civil and criminal penalties against a company if their practices are deemed to be deceptive or unfair. In some cases, the Attorney General may seek restitution or damages for consumers who have been harmed by the practices in question.
Related FAQs
What are the requirements for “notices of copyright” in advertising?Can an advertiser be liable for defamation?
Are there any specific requirements for advertising of dietary supplements?
Are there any restrictions or prohibitions on the use of language or images that are demeaning or disparaging in advertising?
Are there any specific requirements for advertising of environmental products?
What are the FTC rules on advertising to children?
Are there any restrictions on the use of animals or animal products in advertising?
Are there any restrictions on the use of third party ratings or reviews in advertising?
Are there any restrictions on advertising of financial instruments?
Are there any restrictions on advertising of services provided by the Federal or state governments?
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