Keyword Analysis & Research: advertising under false pretenses


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Frequently Asked Questions

What are the laws for obtaining money through false pretenses?

The statutes of each state must be consulted. Under federal law, obtaining money or property through false pretenses as part of a scheme or artifice to defraud, and using means of interstate commerce such as a telephone, is illegal under title 18 USC section 1343; the crime is usually referred to as "Wire Fraud."

Is it a crime to advertise a false product?

Publicly disseminating an ad that the advertiser knows contains a false, misleading, or deceptive offer of a product or service with the intent to promote the sale of said goods or services to the public, is a crime.

Can a claim be made against a litigant for false advertising?

Under Section 43 (a) of the Lanham Act, a claim can be made against a litigant for false or deluding advertising. In determining whether any advertising is misleading, one should consider not just claims made by statement, word, design, device, sound or any combination thereof.

How do you determine whether advertising is misleading or not?

In determining whether any advertising is misleading, one should consider not just claims made by statement, word, design, device, sound or any combination thereof. Also, it should be taken into account the degree to which the advertising fails as deceptive, misleading, or false.


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