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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11627
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Im about to launch a new sales page

Customer Question

Attachment: 2013-06-17_115238_ftfl_vsl_script_-_feedback_for_wally.docx

I'm about to launch a new sales page at https://fasttracktofatloss.com/presentation2013/ and want to make sure I'm complying with FTC regulations with regards XXXXX XXXXX testimonials/success stories that we feature on this page and in our main video (and the variety of smaller videos throughout this page). I've been in business online for more than 17 years, so have hundred of real, verifiable success stories that are all 100% true and have given us permission to feature them, but again, just want to be sure we're complying with the FTC (and my hunch is that we're currently not). NOTE: Disregard the main video that’s currently there – that’s really old (and really terrible - just a place-holder for now). I'll have our new video online for review later today, which includes many other testimonials – some of which have been featured on the Dr. Oz show. Anyway, I'd love to get legal advice on how to make absolutely sure this landing page and our new upcoming video complies with the FTC. Thanks!

Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Andrea, Esq. replied 1 year ago.

Dear Chad, My name isXXXXX would like to help in any way I can. JustAnswer is not a law firm and although the Attorneys in the Legal categories are licensed in their respective jurisdictions, we cannot give legal advice over the internet and cannot form any Attorney-Client relationships because that would constitute the practice of law in jurisdictions where we are not licensed to practice. By doing so, we would be jeopardizing our License to practice law. We can only give you information related to your situation. Please let me know if you accept those terms,

 

Thank you,

Customer: replied 1 year ago.

That is acceptable. I would love to just find out what we need to do to comply to FTC regulations. Thanks!

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Chad,

 

Then, we are in agreement. I will look at what you have sent as an attachment and let you know what I find.

 

 

ANDREA

Customer: replied 1 year ago.

great, thank you

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Chad,

 

I just finished reading your copy and researched the Federal Trade Commission Act.

 

The Federal Trade Commission Act prohibits deceptive and misleading advertising in any medium, including the internet, and Section 5 prohibits deceptive and unfair acts or practices and provides that "a representation, omission or practice is deceptive if it is likely to mislead consumers and affect consumers' behavior or decisions about the product or service"

 

 

For example, an advertisement or claim will be determined to be misleading, if relevant information is omitted from the presentation. Additionally, an act or practice is unfair if the injury it causes, or is likely to cause, is:

 

1. Substantial

2. Is not outweighed by other benefits; and
3. Is not reasonably avoidable.

 

You make a lot of claims in your presentation. You can avoid accusations of misrepresenting and misleading statements by backing up your statements with real statistics and real studies, i.e., "In a 2012 study of 200 individuals aged 30 to 65 who were at least 30 pounds overweight, ___ % lost ____ pounds in ____weeks, with _____ pounds being the most lost and ______ being the least amount of weight lost. Your weight loss may vary, depending on __________________ .

 

You can do the same thing with the claims you make about the foods which reduce cravings and the ones which burn fat faster. By backing up what you say with actual studies and tests will help avoid any accusations of misleading by omission, or by any other means.

 

In another part, you state that you received an award in 2008 out of the millions of graduates from Oregon State University. Q. Have there actually been millions of graduates from that University ?

 

______________________________________________________________________

 

If I have not Answered your question, please use the "Reply" button to let me know,

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you, Bonus and Positive Feedback on survey is very much appreciated,



ANDREA

 

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