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Dear XXXXX, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,
You are very wise to face this situation and take steps to protect yourself from liability. The Federal Trade Commission is coming down very hard on individuals and companies which sell their product on the internet and make unsubstantiated claims. Since you have no scientific tests to prove that your product repels bats, you can still be held liable even though you have a money back guarantee. The FTC requires certain disclosures and in your situation, in order to protect yourself from fines being imposed on you and avoid prosecution by the FTC, you must disclose in your advertisements that no scientific tests have been conducted, and your claims of success come directly from your customers. If you disclose all of this, there is nothing that anyone can accuse you of misrepresenting, including the FTC, _____________________________________________________________________
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So by do what you said ........"you must disclose in your advertisements that no scientific tests have been conducted, and your claims of success come directly from your customers."So if I do this on my websites and offer up this information you would say it protects me pretty good Right?
The Federal Trade Commission (the "FTC") has the final say on what is and what is not misleading advertising. In researching your question, I read the Federal Trade Commission Act, and specifically, Section 5 of the Act. It 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:
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. You can look at your books to see how many units you have sold and say something like,
"Since starting my company, we have sold 10,000 (Use a real number) of Bat Control, Bat Repellar units and here is what some of our customers have said about our product -
(Here, you can put actual testimonials from real customers)
If you had some studies, you can include the results of these studies also.
As long as you use real statements of real customers, real numbers, real statistics. Many internet sellers submit in writing the advertisements that they will be using to the FTC and ask for an "Advisory Opinion" so that they can be absolutely sure that they are not violating any part of the Federal Trade Commission Act. The FTC issues a written Advisory Opinion and the internet seller is always safe. That is something for you to consider,
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