E. Clayton Antitrust Act, The Bureau of Alcohol, Tobacco, and Firearms (BATF) is an agency within the ____. Is this message false or misleading? is using ____, which is a(n) ______ form of advertising. If the commissioners agree that the advertisement is in violation of the law, the advertisiser is notified and given the opportunity to either sign the consent agreement that has been drafted or negotiate with the agency for a more favorable order. C. defined the requirements for advertising substantiation. Vision Council of America E. Consumer Protection Act, The _____ gave the FTC the power to issue cease-and-desist orders and levy fines on violators. -Not too often; almost as if a newspaper has to submit a retraction an agent is required to keep replacement forms on file for at LEAST __ years.. a producer who sells an individual life insurance policy in new jersey MUST deliver to the policy owner a(n), contain content approved by the commissioner, the names of the insurance companies represented by the producer Advertising Marketing Agreements are only binding for those handlers that sign the agreement. To be considered commercial speech, it only has to meet 1 of the 3 questions. 0 & 5 Several airlines challenged the rule on First Amendment grounds in Spirit Airlines v. U.S. De'p of Transporatition. Therefore, it is consistent with the limits the First Amendment imposes on laws restricting commercial speech.". -initial premium requirement \end{array}\right]=\left[\begin{array}{rr} Federal Trade Commission Bureau of Compliance This fact is not surprising when you consider that at the time the public became interested in advertising regulation-around the turn of the century-the federal government was a minuscule creature relative to its present size. that has no correct answer. You Are Here: ross dress for less throw blankets apprentissage des lettres de l'alphabet advertising regulations exist in order to quizlet. Staff attorneys at the FTC will issue a complaint against the advertiser, and a hearing will be held before an administrative law judge. In the actual implementation and application of the 2 critical components of the FTC's rules against deceptive advertising, 3 key considerations emerge that are set forth: Federal Trade Commission's advertising substantiation program requires advertisers to substantiate their claims: Voluntary compliance: SUMMARY: WebThe Telephone Disclosure and Dispute Resolution Act of 1992 requires FTC to promulgate regulations concerning advertising for, operation of, and billing and collection procedures for, pay-per-call or "900 number" telephone services.The regulations must include certain provisions, such as price disclosure requirements, mandatory warnings on services E. Violation of trade regulation rules, B. -is only available to insurance companies D. California Test of Affirmation C. not requiring consumers to make a purchase as a condition for entering. Within how many days must a producer notify the department of banking and insurance of a change in address? B. advertising on children's programs is limited to 12 minutes per hour on weekdays and 10.5 minutes per hour on weekends. -Also court said this case was "in the public interest". The FTC claimed the ads were misleading since imported soles and upper parts were used to make the shoes. Advertisers claimed the Registry violated their First Amendment rights to free speech. C. an illegal deception. A. The advertiser can agree to sign the agreement, and the commissioners vote to accept this agreement. D. Most media accept any advertising they receive since advertising is their major source of revenue. E. speech governed by the First Amendment to the U.S. Constitution. protects insured from insurance company insolvency. A. The consent agreement is merely a promise not to do something in the future. 1) Federal Trade Commission (FTC) (most active) controls unfair methods of Substantiation of advertisements, in which the advertiser must prove all claims made in an advertisement C. National Advertising Review Board C. Godiva claims that it makes the finest chocolates in the world. In brief, Roomates.com was more akin to a publisher or speaker rather than a mere conduit for the information that it posts. Trade Regulation Rules: An advertising message that consumers are likely to believe reflects the opinions, beliefs, findings or experience of a party other than the sponsoring advertiser. Information Technology Since these firms have differentiated products, they Using an ambiguous or easily confused phrase. E. distribution, distillation, and diversity. D. economics, consumer protection, and competition. E. remuneration. these rights are called Bureau of Economics what is an insurance policy's grace period? A. uses puffery. demonstrate full and truthful disclosures to the public. E. Standards and Practices Division, Which of the following media has the most stringent review and approval process for advertising? WebLaws must be static and unyielding in order to provide stability for a society. B. -short-term disability Law of Agency pat owns a 20-pay life policy with a paid-up dividend option. Under the ________ Act, a plaintiff can prove an ad is literally false if the test used to prove a claim for a product either is: 1) not sufficiently reliable to permit a conclusion; or 2) simply irrelevant. Misleading comparative claims. In 2004 the U.S. Court of Appeals for the 10th Circuit upheld the National Do not Call Registry in Mainstream Marketing Services, Inc. v. Federal Trade Commission. Nestl claims "Nestl makes the very best chocolate," Snapple advertises that its beverages are "made from the best stuff on Earth," are all examples of: C. Federal Communications Commission At this point one of three things can happen: E. contests and sweepstakes, Marketers' use of trade allowances is controlled by the ____, which prohibits price discrimination. C. contradictory option D. National Association of Attorneys General C. Affirmative Disclosure In some cases it is not easy to distinguish political speech from commercial speech, as courts recently have observed. E. the advertising relies on the use of puffery to make its point. Sometimes filing a lawsuit is the only effective way for the FTC to pressure some companies. Instead, the FTC enforces the law, with help from the Justice Department and the FBI. D. puffery is illegal. -brokers and consultants B. FTC Improvements Act WebGovernment may regulate truthful advertising for legal goods and services if the following conditions are met: a. there is a substantial state interest to justify the regulation. B. Michelin advertises a 50,000-mile guarantee for its tires. B. creative boutiques, copywriters, and consumers. This requirement falls under the FTC's _____ requirement. WebUnder the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. Another angle that advertisers can pursue is to attack a different aspect go the government's case rather than try to prove the statement true. In other words, the government could focus its attention with the registry only on the problems caused by commercial sales calls without having to also sweep up and control problems caused by political and charitable calls. The former phrase played a pivotal role in a case decided by the U.S. SUpreme Court in 2005. A. C. there has been material injury to reasonable consumers. Other times the ads themselves might be regarded as tasteless, like an advertisement for clothing in which then models are scantily dressed or posed erotically. Acceptable forms include: WebThe Louisiana Life and Health Insurance Guaranty Association. The U.S. Supreme Court turned back a challenge to the appellate court's ruling, thus bringing an end (at least for the time being) to telemarketers' efforts to invoke free speech arguments to have the popular ban on unwanted phone solicitations declared unconstitutional. D. Cease-and-desist orders It held that an online roommate-matching service was not immune to liability under Section 230 of the CDA for posting information by others that violated the Fair Housing Act and California housing discrimination laws. D. the burden of proof for advertising claims lies with the consumer. The government had specifically limited the reach of the National Do Not Call Registry, which already had more than 50 million phone numbers by the time the appellate court issued its February 2004 opinion, only to telemarketing calls made by or on behalf of sellers of goods or services, and not to charitable or political fund-raising calls. A. employment, national security, and trade. C. the findings of marketing research studies. The origin of the Federal Trade Commission's corrective advertising program came from a deceptive advertising case involving: what amount will be paid under a policy where the insured misstated his/her age? -keep replacement records on file for at least 10 years -Advertising, as a part of the marketing mix for all products, took on more importance in the past 50 years. Food and Drug Administration The _____ made it easier for Chevron to sue Texaco for this perceived misrepresentation. The media cannot refuse to accept advertising for an entire product class such as hard liquor. Independent Business Alliance A. Magnuson-Moss Act of 1975 -set sales quota *10-Day Prohibition Period* A. materiality. -Corrective Advertising WebAd Regulations >> Advertising is controlled by internal self-regulation and by external state and federal regulatory agencies such as the Federal Trade Commission (FTC), the Federal All of these are included in the DTPA under trade and commerce . States have what are called unfair and deceptive acts and practice statutes which give consumers the right to seek a judicial remedy in false advertising cases. E. Advertising substantiation. The commission evaluates the entire advertisement when examining it for misrepresentation. New Jersey Laws and rules Flashcards | Quizlet period of time after the premium is due but the policy remains in force. D. Wheeler-Lea Amendment B. selective exposure. Self-regulation begins with the interaction of client and agency when: D. creative ideas are generated and submitted for consideration. D. corrective advertising. E. dealt with consumers' rights regarding product warranties. In 1938 Congress adopted the Wheeler-Lea Amendment to the Trade Commission Act, which gave the FTC the power to proceed against all unfair and deceptive acts or practices in commerce, regardless of whether they affect competition. C. Federal Trade Commission. 2. For example, an advertiser can argue that the deceptive statement is not material to the advertisement as a whole (that is, it will not influence the purchasing decision) or that the advertisement does not imply what the government thinks it implies. A large protion of that money, under the federal Beef Promotion and Research Act, has gone to finance generic advertising for the beef industry, including the "Beef. BBB stands for: Better Business Bureaus provide control over advertising practices at a _____ level while the Council of Better Business Bureaus plays a major role in controlling advertising practices at a(n) _____ level. C. Comparative advertising -If an ad represents that an endorser uses the product, then the endorser must have been a bona fide user of it at the time the endorsement was given and, in addition, the advertiser may continue to run the ad only so long as it has good reason to believe that the endorser remains a user of this product. The FTC does not presume that the claims are false or misleading. is false or misleading, promotes unlawful goods or services, or is discriminatory on the basis of race.