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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

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Category: General
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Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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