What is the difference between a deceptive trade practice and a false advertisement?
Deceptive trade practices and false advertising both refer to actions that are taken by a business to mislead or deceive their customers. A deceptive trade practice is a business tactic that is deliberately designed to make customers believe they are getting a better deal or product than they actually are. This could include things like bait-and-switch tactics, where a business promotes one product but then switches it out for a lesser item, or misrepresenting prices, quantity, quality, or services. False advertising, on the other hand, is when a business tells customers something that isn’t true in order to get them to purchase a product or service. This could include things like misleading or exaggerated claims about the product or service, or making false statements about a competitor’s product or service. In Massachusetts, both deceptive trade practices and false advertising are prohibited and considered unfair competition under Massachusetts law. Such behavior can result in fines or even jail time for the person or business responsible. Therefore, it is important for businesses to be aware of how their marketing activities can affect customers so they can ensure they are following the law.
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