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Advertising Law Questions

What is advertising law?

Advertising law is a wide area of law having to do with advertising, which includes media and all sorts of ways of public communication with a large amount of people at a time. The law tends to vary considerably, and some governments have agencies that they assign to developing violations of this law. Advertising law usually states that companies who wish advertise should be honest and straightforward when they make their ads. They also require accuracy in describing whatever product or information they are advertising to the public.

When a person is misled with unfair or false advertising, what should that person do?

The first thing one would do in a situation like this would be to get a certified return receipt request letter and send it to the company that performed this false advertising. This letter should demand that the person receive some sort of compensation for the specific period of time in which they suffered due to the company’s misleading advertising. The person should also include a warning in the letter that informs the company that if the demands are not met within a timely manner, that there will be nothing more to be done except to file suit against them for their false advertising and the damages that the person suffered because of it. Be sure to include what will be filed against them, and try not to leave out detail so they have no opportunity to find any sort of loophole in the suit against them.

What are some things that one can do to prevent a company from making false advertisements on one of their products?

This kind of situation would most likely fall under a claim for defamation. Even if the company is advertising unfairly by libel or slander, which would both receive a defamation suit, the laws regarding each are the same. When filing a defamation suit, one needs to prove four different things to the court. The fact that the defendant advertised a message that they knew or should have known to be misleading is the first thing that needs to be proven to the court, along with the fact that the false material was indeed published. The other two things that need to be provided to the court would be someone that can be indentified when referring to the defamatory material, which can be the person filing suit against the company, and lastly the damage that it caused needs to be made clear to the court. Most of the time, a cease and desist letter would be sent out before any legal matters are brought into the spotlight, and the letter usually is enough to resolve the issue at hand.

If an advertising company sends a certain company an invoice for services that were never agreed to, what are some things that can be done to end this seemingly suspicious situation?

The first thing one should do is reject the invoice in writing. Make it clear in the letter that the company did not request or make any sort of deal with their advertising company that would require their services. It is also advisable to inform the advertising company that if they choose to pursue any further, sanctions will be sought, along with legal fees, and possibly even a lawsuit for malicious prosecution may be held against them. The company may also choose to report this untrue situation to the BBB and Debt of Consumer Affairs. The advertising company may sue for lack of receiving compensation for their untrue services. If the company is sued, the fact that there is no order and no contract with the advertising company is the evidence that the company being prosecuted is innocent and that the advertising company has made false accusations.

Is advertising of a company’s promotional products without that company’s permission illegal?

It is considered illegal to advertise a company’s products without their permission. It is not considered to be criminal, but definitely fraudulent. It is so because of the use of the name of the company without their permission. It is an intentional misrepresentation, and can and will get a person into lots of trouble.

It is evident that there are many different kinds of advertising law questions. There are lots of companies that try to false advertise or find a loophole in the advertising law system. Many lawsuits can take place because of false advertising, and there are many questions that arise about certain circumstances of advertising law. When questions come up, remember to ask the Experts.

Ask a Business Lawyer

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: General
Satisfied Customers: 1507
Experience:  Run my own successful business/contract law practice.
18572087
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Business Lawyers are online & ready to help you now

Dimitry K., Esq.
Attorney
Satisfied Customers: 1507
Run my own successful business/contract law practice.
MShore Law
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Satisfied Customers: 1233
Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
FiveStarLaw
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Satisfied Customers: 1174
25 years of experience helping people like you.

Recent Advertising Questions

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    I had a loan with a friend company I worked his wife owned. it was written by an attorney, but was only between mean his wife. She passed and he remarried three years later. The loan was never in his name and when she died I still made payments
    just because I felt I owed them both opportunity they gave me. I did not make the payments when I did not have it and that was fine with him. He never turned the money in on his taxes as far as I know,. He remarried and the second wife had nothing
    whatever to do with the loan. He had moved from Virginia to South Carolina. He passed away a couple of months ago and his new wife want to settle the loan fourth of what is owed. There was no will from his first wife whom I had the loan with and for
    other reasons his name could not be connected to the loan of company. the second wife wants a attorney to FAX a paid in full signed by her if I pay the money she is asking for. I think she knows she is not due anything. My question is " Is it not a bad idea
    to accept an copy of a paid in full agreement by fax? I offered to have the document FedEx and she said no, her attorney said it could be faxed. Should I accept a fax receipt of a loan paid infull.
  • What is required to reinstate a company that was once owned

    What is required to reinstate a company that was once owned by someone else and is inactive with the state? Do I need to obtain rights somehow from the original owner? How can it be done where the company retains its original EIN number and other pertinent
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  • Barrister: I have another questiion regarding my sister

    Barrister:
    I have another questiion regarding my sister and mom's estate. This is tiring me, but I need to know to be prepared. Mom did not leave a tangible property list of her items and who was to get what. But she did say verbally many times that she wanted us to choose her valuable jewelry taking turns. Some of her jewelry was very valuable in jewelry and gold coins. All of us agreed to take turns. Wow an agreement! Several weeks ago we had a choosing session after it was all appraised so the values were known. My sister said that she would keep a column of us and note down what we chose and total the column's value at the end. She never said the columns HAD to be equal, but she did say that one who has more than another gets less cash from the estate and one who has less in gold gets more cash from inhritance to equal out the value of our entire inheritance receipt. Quite frankky I am tired of her mission to target me because this what happened. There were a lot of items, so when we got to the end, there was a gold bracelet that no one wanted because it was not anyone's taste. It's value is just over 2k. That means someone who choses it, basically is buying from the estate and sees less cash. Unfortunately, it was the last item and my turn. I verbally stated I did not like it or want it. My sister then said I HAD to take it. I said no I don't. Twice she tried. Twice I responded no. My brother then offered to take it saying he could personally sell it. My sister yelled at him not to do it saying it was not fair. I felt she did not want me to have the cash of it in value. My brother twice said he would and she backed down letting him have it. Now today, weeks later she emails a spread sheet of our total columns on that days choosing of the gold and jewelry with each item listed and the values placed with the right person. My column is about 2k lower than my sister and 6k lower than brother. Without the bracelet, brother would be 4 k
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