How to Avoid False Advertising in the State of Texas
The federal government and the State of Texas have laws set to regulate advertising. The law regards an advert to be misleading if it misleads or deceive the target audience and the public in general. Violation of the state and federal laws usually lead to one facing legal action regardless of whether your motives were right or not. The Federal Trade Commission is the primary federal agency that deals with people who violate the federal advertising rules. States like Texas usually have their agencies that deal with the same. To help you avoid false advertising in the state of Texas, www.pandapatent.com highlights some aspects to be observed to prevent the state coming after you.
Be accurate with your ads
Always ensure that your advertisements are factual and correct. They should not, in any way, deceive or mislead the public. Avoiding deception involves showing the exact picture of the product you are selling and what the consumers can expect from the product. Be careful with your wording. If you claim that your product works when in fact it takes a while, and there is a chance that the same will fail to deliver, that is still considered to be false advertising. As such, ensure that what the advert says is factual and real.
Treat your competitors fairly
While you want your goods to be the most preferred by the consumers, your advertisement should not demean the reputation, products, and services of your competitors by giving false information about them. If at all you want to compare your products or service with those of your competitors, be sure to double check the information you will include in your ad and make sure it is a fact. Every single statement in your advertisement has to be accurate.
Get necessary permissions
The most effective advertisements are those that have text, images, and even videos. In case you need to feature someone or their content in your ad, ensure that you seek their consent fast. Do not be ignorant and assume that they will be okay with your move. Get written permission first. The United States copyright law only allows for “fair use” of copyrighted quotations without obtaining authorization from the owner. However, the safest and most recommended mode of action is for you to seek permission from the owner of the content. Before you shoot a video, ensure that the persons featured in the video are aware and okay with being in the video.
Ensure that you can supply whatever you are advertising
When you sell information to the public through adverts, ensure that you have enough quantities of the goods to cater for the demand that you would expect. If you are fully aware that you may not be able to keep up with the need for the products you are advertising, state that in your ad. The law calls for a merchant to stock advertised products in quantities that are large enough to meet the expected demand.
Be accurate with your pricing
False information on pricing is one of the most common pitfalls that advertisers fall. When it comes to your pricing information, endeavor to be as truthful as possible. Most people tend to make doctored price comparisons between their products and those of their competitors or with their regular prices. Yes, consumers always want to purchase goods and services that are cheap but that should not lead you to give them false information on your pricing.
Be sure with the wording in your ad
When your ad says that a good or service is free of charge, you should be sure that the terms and conditions that have to be met for a consumer to enjoy the free goods or services are stated. If there are limits set, state them clearly and conspicuously. When putting out an offer to the consumers, ensure that:
• The price of the goods or services that are on offer is not charged beyond the regular price as that would not be free.
• You do not reduce the quantity of the free product of the quality of the service you provide. The value of the item on offer has to be the same as it would have been if the consumer had purchased the product.
• Disclose all the information about the offer. It means that there should not be any hidden limitations, terms, and conditions.
The impression created by the ad is what counts. Therefore, ensure that your ad fairly informs your audience.
Observe the set limitations on credit offers
If you say that you offer easy credit, be sure to provide exactly that to those that come to you. Otherwise, that will be regarded as misinforming the public and risk being charged with engaging in deceptive and unfair practices that violate the Federal Trade Commission laws. Again, if you advertise a specific credit term, be sure to provide all the relevant details including the terms of payment and the interest rates.
Avoiding false advertising involves seeking consent for borrowed content, being factual and observing complete transparency.