The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...EllisWinters
The talk is nationwide in scope, but it includes plenty of North Carolina examples. In the talk, I lay out the general shape of the law on unfair trade practices, including some infamous recent cases from California and New Jersey.
See especially slides 6-14, where I describe how section 75-1.1 fits into the range of similar statutes nationwide.
Unfair and Deceptive Acts & Practices Seminar - Chicago Automobile Trade Asso...Jim Radogna
Dealers have plenty to worry about when it comes to rules and regulations governing the industry, but perhaps the most harrowing are known as “UDAPs”.
Unfair and Deceptive Acts and Practices (UDAP) statutes are consumer protection laws that address what lawmakers consider to be “unethical” or otherwise “bad” business practices. The FTC Act and the Illinois Consumer Fraud and Deceptive Business Practices Act both prohibit unfair or deceptive acts or practices. These statutes have far-reaching implications for auto dealers because they provide for enforcement by the government to stop the practices, individual actions for damages brought by consumers who are hurt by the practices, and even criminal liability.
Dealers need to be aware that these statues are extremely broad and not only prohibit acts and practices that fall directly under the purview of specific laws, but also any other practice that is determined to be unfair or deceptive to the consumer. A behavior can be found to be unfair and deceptive and thus actionable even though it does not constitute fraud, breach of contract, or negligence under more traditional law. As a result, UDAP claims are a favorite among consumer attorneys – especially those seeking class action lawsuits.
There are a wide variety of dealer sales, F&I, and advertising practices that may be considered to be unfair or deceptive by regulators or courts. Some of these are commonly-known, while others may surprise you.
In this informative seminar we’ll address these potential legal pitfalls and suggest best practices for avoiding being caught up in a “UDAP Trap”.
This seminar is highly recommended for dealership upper management as well as sales managers, F&I personnel, sales consultants, and others – anyone who interacts with, or markets to, consumers.
Legal experts and regulators map out the legal minefields of affiliate marketing providing critical updates on advertising and online marketing law plus FTC and state enforcement actions.
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...EllisWinters
The talk is nationwide in scope, but it includes plenty of North Carolina examples. In the talk, I lay out the general shape of the law on unfair trade practices, including some infamous recent cases from California and New Jersey.
See especially slides 6-14, where I describe how section 75-1.1 fits into the range of similar statutes nationwide.
Unfair and Deceptive Acts & Practices Seminar - Chicago Automobile Trade Asso...Jim Radogna
Dealers have plenty to worry about when it comes to rules and regulations governing the industry, but perhaps the most harrowing are known as “UDAPs”.
Unfair and Deceptive Acts and Practices (UDAP) statutes are consumer protection laws that address what lawmakers consider to be “unethical” or otherwise “bad” business practices. The FTC Act and the Illinois Consumer Fraud and Deceptive Business Practices Act both prohibit unfair or deceptive acts or practices. These statutes have far-reaching implications for auto dealers because they provide for enforcement by the government to stop the practices, individual actions for damages brought by consumers who are hurt by the practices, and even criminal liability.
Dealers need to be aware that these statues are extremely broad and not only prohibit acts and practices that fall directly under the purview of specific laws, but also any other practice that is determined to be unfair or deceptive to the consumer. A behavior can be found to be unfair and deceptive and thus actionable even though it does not constitute fraud, breach of contract, or negligence under more traditional law. As a result, UDAP claims are a favorite among consumer attorneys – especially those seeking class action lawsuits.
There are a wide variety of dealer sales, F&I, and advertising practices that may be considered to be unfair or deceptive by regulators or courts. Some of these are commonly-known, while others may surprise you.
In this informative seminar we’ll address these potential legal pitfalls and suggest best practices for avoiding being caught up in a “UDAP Trap”.
This seminar is highly recommended for dealership upper management as well as sales managers, F&I personnel, sales consultants, and others – anyone who interacts with, or markets to, consumers.
Legal experts and regulators map out the legal minefields of affiliate marketing providing critical updates on advertising and online marketing law plus FTC and state enforcement actions.
Antitrust Policy: A Century of Economic and Legal ThinkingGus Agosto
This presentation follows the evolution of thinking about competition since the passage of the Sherman Act in 1890 as reflected by major antitrust decisions and research in industrial organization. It divide the U.S. antitrust experience into five periods and discuss each period's legal trends and economic thinking in three core areas of antitrust: cartels, cooperation, or other interactions among independent firms; abusive conduct by dominant firms; and mergers.
This presentation discusses antitrust issues that real-estate professionals should consider. Further detail is available at http://www.theantitrustattorney.com/2014/01/28/five-antitrust-concerns-real-estate-professionals/
Fort Lauderdale, Florida competition lawyer Jonathan Pollard presents on Non-Compete Agreements, Antitrust & the Rule of Reason. This presentation covers (1) the antitrust underpinnings of non-compete law (2) the classic antitrust rule of reason framework, which is the basis for all non-compete legitimate business interest tests and (3) antitrust risks in connection with non-compete agreements. This presentation is particularly timely given the Department of Justice's recent statement that it intends to pursue criminal prosecutions of firms engaged in no-poaching agreements.
To reach Pollard PLLC, please call their office at 954-332-2380.
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...Abhas Rajopadhyaya
An overview of "Rule of Law to Ensure Safety of Journalists and Combating Impunity" in Nepal
Presented at a seminar to celebrate World Press Freedom Day on "Media Freedom for a Better Future" on 10 May 2014 Saturday at Kantipur City College, Putalisadak, Kathmandu
2013 05-29 Advertising and Marketing Law PresentationPaul Jacobson
I presented at this terrific conference about social media and the law. I touched on a couple themes including copyright, online reputation and privacy. I took a new approach (for me, at least) and used my diabetes as an analogy for how non-lawyers tend to approach Legal.
This presentation includes the basic information about the Facebook ads, how it works and its purposes. Also it includes information on Social Aves, a leading Social Media Marketing Agency in Nepal, which caters satisfying services to its customers.
Antitrust Policy: A Century of Economic and Legal ThinkingGus Agosto
This presentation follows the evolution of thinking about competition since the passage of the Sherman Act in 1890 as reflected by major antitrust decisions and research in industrial organization. It divide the U.S. antitrust experience into five periods and discuss each period's legal trends and economic thinking in three core areas of antitrust: cartels, cooperation, or other interactions among independent firms; abusive conduct by dominant firms; and mergers.
This presentation discusses antitrust issues that real-estate professionals should consider. Further detail is available at http://www.theantitrustattorney.com/2014/01/28/five-antitrust-concerns-real-estate-professionals/
Fort Lauderdale, Florida competition lawyer Jonathan Pollard presents on Non-Compete Agreements, Antitrust & the Rule of Reason. This presentation covers (1) the antitrust underpinnings of non-compete law (2) the classic antitrust rule of reason framework, which is the basis for all non-compete legitimate business interest tests and (3) antitrust risks in connection with non-compete agreements. This presentation is particularly timely given the Department of Justice's recent statement that it intends to pursue criminal prosecutions of firms engaged in no-poaching agreements.
To reach Pollard PLLC, please call their office at 954-332-2380.
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...Abhas Rajopadhyaya
An overview of "Rule of Law to Ensure Safety of Journalists and Combating Impunity" in Nepal
Presented at a seminar to celebrate World Press Freedom Day on "Media Freedom for a Better Future" on 10 May 2014 Saturday at Kantipur City College, Putalisadak, Kathmandu
2013 05-29 Advertising and Marketing Law PresentationPaul Jacobson
I presented at this terrific conference about social media and the law. I touched on a couple themes including copyright, online reputation and privacy. I took a new approach (for me, at least) and used my diabetes as an analogy for how non-lawyers tend to approach Legal.
This presentation includes the basic information about the Facebook ads, how it works and its purposes. Also it includes information on Social Aves, a leading Social Media Marketing Agency in Nepal, which caters satisfying services to its customers.
The concept of obscenity is relative. The definitions of obscenity vary from society to society and from country to country depending on the moral principles, decency codes, social setting of that particular country. In this presentation, Siromani Dhungana discusses Obscenity Law in Nepal and the possibilities of introducing specific obscenity law.
This presentation discusses how to select, protect and properly use a trademark so it can become a powerful brand for your products and services.
As well, it discusses "hot issues" in promotions and advertising law, including:
- recent Competition Bureau enforcement regarding misleading advertising;
- the use of social media in contests and promotions, including the need for transparency when engaging bloggers, endorsers and other "influencers" to promote your brand.
Ethical and Unethical Advertisement
Purpose of advertising
Types of advertisement
Ethics and Advertising
Advertising Ethics & Principles
corporation’s ethical responsibility in advertising
Bait and Switch
Advertising to Children
Federal Trade commission (FTC)
Advertisement and internet
Importance of privacy
Maybe you're an insurance agent. Maybe you run an insurance company. Marketing insurance isn't like selling a car. There are rules and laws and guidelines and regulations and all sorts of messy and confusing things you have to do. So how do you market your insurance business and still comply with the rules?
This is the January 2016 issue of the Digital Marketing Report, published by the Joss Group (www.thejossgroup.com). The subscription cost is $399 US for 12 issues (one a month). The newsletter is for senior digital marketing professionals and the creative professionals who work with them.
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
FIA officials brutally tortured innocent and snatched 200 Bitcoins of worth 4...jamalseoexpert1978
Farman Ayaz Khattak and Ehtesham Matloob are government officials in CTW Counter terrorism wing Islamabad, in Federal Investigation Agency FIA Headquarters. CTW and FIA kidnapped crypto currency owner from Islamabad and snatched 200 Bitcoins those worth of 4 billion rupees in Pakistan currency. There is not Cryptocurrency Regulations in Pakistan & CTW is official dacoit and stealing digital assets from the innocent crypto holders and making fake cases of terrorism to keep them silent.
Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
An introduction to the cryptocurrency investment platform Binance Savings.Any kyc Account
Learn how to use Binance Savings to expand your bitcoin holdings. Discover how to maximize your earnings on one of the most reliable cryptocurrency exchange platforms, as well as how to earn interest on your cryptocurrency holdings and the various savings choices available.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Training my puppy and implementation in this story
10 things to do your ads comply wth int laws
1. Ten Things to Do So Your Ads
Comply With International
Advertising Laws
Compliance with International Laws
2. International Laws & Code of Ethics
• Whenever you enter a new market as an
advertising professional you must study the
working of Consumer Protection Society and
Consumer Protection Laws in that country.
• Try to get your hands on case studies in this
particular area.
• Remember your advertising messages are
expensive and any failure in understanding the
Advertising Laws of a particular country may
prove detrimental for your career.
3. Make Sure that You Substantiate Your
Advertising Claims
• Make Sure that You Substantiate Your Advertising
Claims. Advertising substantiation is an important step
to make sure your ads comply with all advertising
laws, you must be sure that each one of your
advertising claims is substantiated before you
disseminate the advertisement containing the claim(s).
• The FTC is a federal agency in US with a dual mission
to protect consumers and promote competition.
• The Federal Trade Commission issued a Policy
Statement articulating its policy as to this important
advertising legal compliance area.
• FTC vigorously enforces the requirement that
advertisers must substantiate their express and implied
claims.
4. Be Sure that Your Advertising Claims
Aren't "Deceptive."
• This is not nearly as easy as it sounds. The starting
point for any advertiser, ad agency or their attorney is
the FTC Policy Statement on Deception.
• It specifically bars false advertisements likely to induce
the purchase of food, drugs, devices or cosmetics.
• This statement defines a false ad for purposes of as one
that's "misleading in a material respect."
• Next, you should keep current with the plethora of FTC
and court decisions that have defined and explained-and continue to define and explain--the phrase
"deceptive acts or practices."
5. Make Certain that Your Advertising
Claims Aren't "Unfair."
Three key factors that FTC considers when applying the
prohibition against consumer unfairness:
• Whether the practice injures consumers,
• Whether it violates established public policy, and
• Whether it's unethical or unscrupulous.
Over the years, FTC has further defined and explained
these three key factors. The "unfairness" standard is one
more crucial advertising law doctrine of which all
advertisers, advertising agencies and their attorneys must
be aware.
6. Make Sure Your Advertising Claims Measure
Up to the "Truth and Accuracy" Standard.
• Your ads will go a long way towards being
challenge-proof if they follow the basic test laid
out by the National Advertising Division (NAD) of
the Council of Better Business Businesses:
"truth and accuracy."
• In US, the advertising industry's self-regulatory
system was designed "to foster high standards of
truth and accuracy in national advertising.“
7. Be Certain Your Comparative Advertising Claims Are
Fully Substantiated and Are Not False or Deceptive.
• Because of the great benefits inherent in Comparative
Advertising, FTC looks at it in much the same way as
other types of advertising. Ultimately, the question is
whether the comparative advertising claim has a
tendency or capacity to be false or deceptive. The level
of substantiation required is also viewed as being the
same level required in other types of ads.
• Nevertheless, because a competitor is involved, you
should be certain that your ad claims possess sufficient
clarity and, if necessary, appropriate disclosures to
avoid deception to consumers.
• Keep in mind that your competitor is watching or
reading your comparative ad. And your competitor can
use the relevant Act to redress any wrongs.
8. Be Certain Your Comparative Advertising Claims Are
Fully Substantiated and Are Not False or Deceptive.
• FTC states that comparative advertising could
benefit consumers and encourages
comparative advertising, provided that the
comparisons are “clearly
identified, truthful, and non-deceptive”.
9. You Should Become Familiar with the Advertising
Law of the States Where You Do Business.
There are a plethora of questions you should be asking if you
plan to advertise your product or service in several or more
states, including:
• Have you reviewed the legal appropriateness of your
company's or client's ads or package labels?
• Have you taken into account how that ad or label might be
used in court in a future product liability suit?
• Have you scrutinized all pre-market testing of your
company's or client's product to make sure no safety
questions might arise later?
• Do you also make any safety claims, express or implied?
• Have you reviewed any instructions accompanying the
product for a host of possible advertising compliance
problems?
10. Become a Student of the Advertising Law Developments on
Such New Media as the Internet, Mobile and Social Media.
• You should be aware of all of the major advertising law
development on the internet as these will clearly have an impact on
the way you advertise on this vital medium.
• A more significant change is the advent of social media. The
significance of this new way of networking - and doing business cannot be overstated. You should - for a start - have a Twitter
account and follow the key people in the advertising law field.
• Twitter can be an excellent resource to discover more about the
latest developments in advertising law. .
There are speed traps aplenty on the Internet. Examples:
• Global Legal Exposure
• Privacy Issues
• Wholesale Governmental Crackdown on Advertising in
Cyberspace
• Mounting Federal and State Regulation of Cyberspace Ads
11. Do You Advertise to Children or Will Your Advertising
Reach Substantial Numbers of Children?
• Who monitors advertising to children? Here's
a partial list:
• Federal Trade Commission
• Food and Drug Administration
• Congress (i.e., House and Senate)
• State Legislatures
• The Children’s Advertising Review
Unit (CARU)
• Private Trade Groups
12. What Are the Global Advertising Legal
Compliance Issues Facing Your Ads?
• Globalization of commerce has been increasing
rapidly. Even companies that don't consider
themselves global in scope, actually are. For
example, if you have a Website on the World
Wide Web, you can be accessed from anywhere
on Earth.
• Every country treats advertising law issues in
different ways. There is a wide variety of
international advertising standards and laws. In
most countries, for example, comparative
advertising is frowned upon or is downright
unlawful.
13. You've Scrutinized Your Ads for What They
Expressly Claim--What About Implied Claims?
Remember, you must substantiate all of your advertising claims. That
includes any implied claims. Have you carefully reviewed your ads for
such claims? Remember, just because you think your ad doesn't make
any implied claims is by no means the final word on this question. Who
else will be looking? Here's a partial list:
• Your competitors (who can and will do their own consumer testing to
prove an implied claim does exist);
• FTC;
• FDA (for products within its jurisdiction);
• State Attorneys General;
• NAD;
• CARU (for children's ads).
• This issue cuts across a wide variety of areas and is routinely covered by
above mentioned bodies.