What are the laws governing online advertising?

Online advertising is subject to the same laws that govern all forms of advertising in Washington. The state regulates the advertising of products, services, and offerings to ensure full disclosure of information and to protect consumers from false or deceptive representations. The Washington Consumer Protection Act requires that all advertising of products or services must be truthful and accurate, must not be misleading or deceptive, and must provide a reasonable basis for the claims made. Ads must clearly and conspicuously disclose all material conditions, limitations, or qualification of the offer. With respect to the collection of personal information, the Washington Online Privacy Act requires a website operator to provide notice of the collection, purpose, and use of such information. This applies to targeted online tracking using tracking technologies, as well as to the collection of any “personally identifiable information.” The Washington Commercial Electronic Mail Act prohibits sending unwanted or unsolicited emails to consumers without their consent. This law requires that all emails include a valid physical address and that they contain an opt-out function allowing consumers to unsubscribe. Finally, Washington has also adopted the Federal Trade Commission’s FTC Endorsement and Testimonial Guidelines, which govern the endorsement of products or services made by commercial entities in online advertising. This law requires that all endorsements and testimonials be given free of any contractual or coercive elements, and be based on the endorser’s honest opinion.

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What are the laws governing online advertising?

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