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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I sell an Ultrasonic Electronic Pest Repeller device and over

Resolved Question:

I sell an Ultrasonic Electronic Pest Repeller device and over the Last 11 years from my experience selling this device we have found the Unit repels "Bat problems" very well. The unit has settings and by setting it on the High Range of the Device it Repels Bat Problem Best.

Am I allow to sell my product online pretty much saying the Unit dominates Bat problems to leave peoples home.

We do not have scientifically proof of this

We pretty much Guarantee it with a money back Guarantee

I try and write my ads that its "From Our Experience"

The reason im concern is because I had a guy on e-bay come down on me for the way I wrote my ad.

Please look at my on Ebay "ET Bat Control"

http://www.ebay.com/itm/Electronic-Bat-Control-Bat-Repeller-/261236453028?pt=LH_DefaultDomain_0&hash=item3cd2e7eea4

And this is what he said to me:

Dear robcancan,

I am sorry to be the one to tell you this but the Federal government has determined that there is no scientific evidence that any electronic bat repellant actually works. You can read about it on this website http://www.ftc.gov/opa/2001/05/fyi0128.shtm On this site you will read that if you misrepresented the benefits of your product, or if your claims are not properly substantiated, you may be subject to legal action. If you do have actual scientific proof to validate your claims please accept my apology for any inconvenience this letter causes you and understand that I am only acting with good intentions. If you have this proof please send me a copy of it and I will purchase some of your devices. However if you cannot you will need to reword your auction to meet the requirements of the law. Otherwise I will be reporting you to protect potential buyers. Please address this before the end of the month if you do not have the proof backing your claim. Bryan
- i-restore

Im real concern and need your help I am willing to pay as Id would like to discuss this by text if I can to get a good idea what I can do to protect myself. Maybe by putting text on my ad that this is all from testimonials and 11 years of experience for "Bat Control".

Thanks
Rob Cameron
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

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,

_____________________________________________________________________

 

If I have not Answered your question completely, Please let me know by using the "Reply" button and I will be glad to explain further,

 

 

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

 

 

Customer: replied 1 year ago.


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?

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Robert,

 

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:

 

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. 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,

 

___________________________________________________________________

 


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

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11876
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Andrea, Esq.
Andrea, Esq.
Attorney
6894 Satisfied Customers
25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.