The federal government and states regulate advertising. On the federal side, the Federal Trade Commission (FTC) is the main agency that enforces unlawful advertising laws passed by Congress (and signed by the President).
States also set rules and can take enforcement action, usually through their attorney general’s office, a consumer protection agency, and the local district (or prosecuting) attorney.
Companies that make false advertising claims can face lawsuits from more than just government watchdogs–competitors and consumers can also bring private lawsuits.
What Is False, Misleading, or Unfair Advertising?
The terms “false,” “misleading”, or “unfair advertising” distinguish different instances of unlawful advertising, but they each refer to advertising that is false in some way.
The law requires you to be truthful when you advertise a product or service. What you say in your ad shouldn’t deceive or mislead customers into thinking your product or service can do something it can’t.
Scenario:
I have a client who has some complex issues in the world of healthcare in this climate the sound of healthcare presents a plethora of restrictios. The amzing thing about being a consultant is when we get the opportunity to learn as we go. In my research I was directed to the Dun & Bradstreet Business Directory. Most of the information was locked. I though it would be a good time to familirize myself again with the information Hoovers provided. I filled out the form for the D & B Hoovers Free Trial. The form would not process, I reached out to an agent in the chat only to find out that it was not free, I would have to set up a meeting to be persuaded (I’m assuming} to purchase something. When I explained the need for the information in Hoovers, the representative sugested i have my client contact him!
In grad school Hoovers was accessible, perhaps after the $119 million dollar purchase by D&B the return on the purchase is not what they expected.