B. speech that promotes a commercial transaction. This agency was responsible for putting warning labels on alcoholic beverage advertising and B. refer the case to an industry trade association. Advertising The hearing is a lot like a trial, only more informal. B. Sherman Antitrust Act The FTC charged that Ticketmaster used this Web page to steer unknowing consumers to TicketsNow, where tickets were offered at much higher prices-in some cases double, triple or quadruple the face value. the New Jersey Temporary Disability Benefits Law. provides non-occupational disability benefits. This provision of the Lanham Act was seldom used by advertisers until the 1970s. C. are issued by the Federal Trade Commission. E. Advertising substantiation. A. advertising aimed at children is prohibited. -payor benefit Many areas of consumer and trade promotions are regulated by the _____ through the Marketing Practices Division of the Bureau of Consumer Protection. The case did not involve the just-discussed commercial speech from Central Hudson but, instead, addressed "whether a federal program that finances generic advertising to promote an agricultural product violates the First Amendment." B. advertising on children's programs is limited to 12 minutes per hour on weekdays and 10.5 minutes per hour on weekends. In addition to such legal action, the FTC also educates consumers and businesses to encourage informed consumer choices, compliance with the law and public understanding of the competitive process. which of the following is CORRECT regarding the death benefit amount? james is the insured on a life insurance policy where his age was misstated on the application. Bureau of Competition B. Acme's competitors may sue the company under the Lanham Act if it cannot substantiate its claims. C. Most FTC inquiries are settled by consent order. ) B. the death benefit paid will be what the premium would have been purchased at the correct age, a 10% excise tax is normally applied to an early withdrawal from an IRA. C. Federal Communications Commission * E. advertising substantiation. C. refer the matter to an appropriate government agency. E. materiality, Under which of the following FTC programs might a firm be required to have product information verifying the veracity of its advertising claims before making any advertising claims about the product? -treatment for alcoholism 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. E. Promotional Products Marketing Association. -person's health claim Information, Health Chapter 10 Exam - NJ Laws and Rules, Health Policy Provisions, Clauses & Riders, Fundamentals of Financial Management, Concise Edition, Marketing Essentials: The Deca Connection, Carl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese, Critical Point Personal hand hygiene, garbing. True (Firms in monopolistically competitive markets invest in advertising more than firms in other markets. Q. B. Telephone Consumer Protection Act of 1991. E. the advertising relies on the use of puffery to make its point. -may raise premiums at anytime The federal law that made this suit possible was the _____ Act. E. Central Hudson, The _____ empowered the Federal Trade Commission to regulate unfair or deceptive practices including those in advertising. The media cannot refuse to accept advertising for an entire product class such as hard liquor. E. NARC is a government agency regulating advertising agency. John Oliver video on Native Advertising: Consumer Redress, Donald E. Kieso, Jerry J. Weygandt, Terry D. Warfield, Marketing Essentials: The Deca Connection, Carl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese. -term life policies are the only type of insurance that allows policy loans Vision Council of America In addition, many local governments have consumed,er protection laws that apply broadly to false advertising. For some specialized products or services, additional rules may apply. the policy may be paid up early by using policy dividends. C. Comparative advertising D. Vision Council of America -What's happening now needs to stop immediately C. there has been material injury to reasonable consumers. Ads that promote illegal goods and services, that contain claims that appear to be deceptive or are not substantiated, or that unfairly trash a competitor's products might also be ___________. Chapter #19: Louisiana Laws and Rules Flashcards | Quizlet -method of payment -submit to the replacing insurer a list of the policies to be replaced The most commonly used FTC remedy is the consent agreement, or _____________________________. *, *National Advertising Division (NAD)* B. implied uniqueness * With the rapid growth of comparative advertising (in which the advertised product is compared to a competitor's product), more and more advertisers have taken competitors to court over what they claim is deceptive and false advertising. 2. Each violation of such an order may result in a civil penalty of up to $16,000. Children's Advertising Review Unit (CARU) CHAP 11: NH general laws Flashcards | Quizlet These guidelines spring from a variety of concerns. Ch. 20 Regulation of Advertising and Promotion - Quizlet Under the Children's Television Act,: This is an example of: D. economics, consumer protection, and competition. E. Trade Regulation Act. C. puffery; illegal D. corrective advertising. E. Food and Drug Administration, In 1996, President Clinton signed an executive order declaring that nicotine was an addictive drug and gave the _____ broad jurisdiction to regulate the advertising of cigarettes and smokeless tobacco. the basic defense against any false advertising complaint, traditionally, advertising agencies and publishers were not held liable in cases of false or harmful advertising which the advertiser agrees to refrain from making specific product claims in future advertising, chapter 9: Records and meetings (gathering in, Practice Exam: Life and Health Q's to practice, Supreme Court Cases AP Government and Politics, Donald E. Kieso, Jerry J. Weygandt, Terry D. Warfield, Marketing Essentials: The Deca Connection, Carl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese, Daniel F Viele, David H Marshall, Wayne W McManus. after an insured gives a notice of loss, what must he/she do if the insurer does not furnish forms? Federal Trade Commission. D. Electronic Retailing Self-Regulation Program (ERSP). All broadcasting stations are considered to affect interstate commerce. The key elements in the FTC's definition of deception are that the representation, omission, or practice must be likely to mislead the reasonable consumer and that it has: Corrective Advertising: WebExcept in unusual instances, we cannot require drug companies to submit ads for approval before they are used. *Qualifying disclosures must be legible and understandable, the FTC has ruled. C. The media can refuse to accept individual ads they find offensive or objectionable. Self-regulation by the advertising industry has increased in recent years, especially with the growth of comparative advertising. Central Hudson Finally, via TRRs the FTC is able to deal with problems more evenhandedly. D. publishing the odds of winning. Several airlines challenged the rule on First Amendment grounds in Spirit Airlines v. U.S. De'p of Transporatition. Review the following transactions for Birdy Birdhouses and record any required journal entries. Because the agency was created under the authority of Congress to regulate interstate commerce, products or services must be sold in interstate commerce or the advertising medium must be somehow affected by interstate commerce before the FTC can intervene. E. National Association of Broadcasters. _____________________________ (______): This agency describes itself as the children's arm of the advertising industry's self-regulation program, and it evaluates child-directed advertising and promotional material in all media to advance truthfulness, accuracy and consistency with its "Self-Regulatory Guidelines for Children's Advertising" and relevant laws. 5. E. Consent orders lead to excessive adverse publicity. -receive matching funds to expand public assistance programs B. The judge works within the FTC and officiates at these hearings. -Voluntary compliance C. NARC takes longer to solve a case when compared to Federal Trade Commission (FTC). C. Cease-and-Desist d. adopted the principle of strict liability. For instance, in 2012 CARU recommended that the maker of Bratz Party Dolls alter packaging that featured the text "now with 100s of poses" and included photos of 3 dolls posed without assistance in various stances. B. a commercial that was rejected at the storyboard stage is accepted at the final stage. Which of the following statements is true about National Advertising Review Council (NARC)? The advertiser can agree to sign the agreement, and the commissioners vote to accept this agreement. D. Most advertising cases investigated by the NAD are resolved without being sent to the NARB. E. avoid questionable advocacy advertising. A variety of federal agencies are empowered to enforce consumer protection laws. -guaranteed benefit -Stricter than the guide; actual rules; FTC does not tend to investigate certain issues; competitors or consumers usually are the ones to bring it to the FTC, Testimonials: C. equity Falsely implying that a product benefit is unique to a brand. B. affirmative disclosure Native Advertising/sponsored posts - have come on the rise; it's important to be aware of D. The division of Advertising Practices When the FTC issues a consent order on a final basis, it carries the force of law with respect to future actions. The _____ accepts cases dealing with product performance claims, superiority claims against competitive products, and all kinds of scientific and technical claims made in national advertising. In fact, the only lawful sales robocalls are ones where consumers have stated in writing that they want to receive them from the company in question. WebAdvertising is not equally productive for firms in every market type. Such regulation is geared toward satisfying the interests of advertisers rather than consumers, however. D. Bureau of Consumer Protection *2. A. 4. D. Television is the most carefully scrutinized of all forms of advertising. First, the agency was given the power to issue trade regulation rules defining and outlawing unfair and deceptive acts or practices. 4 & -2 \\ A. a. affiliation. But practically, it can regulate almost all advertising. Cases brought to NARC are subject to more publicity as compared to the cases brought to a court. E. peripheral importance. -47% of the time people can't tell it is native advertising Voluntary compliance B. Does this message injure the plaintiff? No more than 3 of the commissioners can be from the same political party. D. Lanham Act E. U.S. Department of Welfare. 4. B. offer only merchandise and no cash as part of the sweepstakes prizes. Which of the following statements about advertising by attorneys, dentists and physicians is true? *1. -substantial interest in maintaining the rights of consumer privacy an accident and health insurer just received written proof of loss from one of its insureds. -annuity's guaranteed interest rate After 15 years, the cash value has accumulated to $100,000 and the policy's face amount has become $600,000. -budget is $300 million A chairperson, one of the 5 commissioners, is appointed by the president. Adv. Mkt Ch 20 with Flashcards | Quizlet Substantiation: WebSection 18 of the FTC Act, 15 U.S.C. Whereas commercial speech typically receives limited First Amendment protection. C. a cease-and-desist order. Web(1) An advertisement shall not utilize or describe nonguaranteed elements in a manner that is misleading or has the capacity or tendency to mislead. The court thus ruled in favor of the federal beef promotion program and its compelled subsidization of advertising to which some cattle ranchers aand farmers object. 2. C. children, advertisers, and agencies. In 2008 the FTC clarified that the "valid physical postal address" that must be disclosed by the sender of commercial e-mail messages can be either a registered post office box or a private mailbox established under U.S. The advertising industry's most effective self-regulatory mechanism is the: -completely insured, joanne has a $100,000 whole life policy with an accumulated $25,000 of cash value. Ticketmaster and its affiliates agreed to refund some concertgoers to settle FTC charges that they used deceptive bait-and-awitch tacts to sell tickets. -Does the advertising message in question concern an unlawful activity or is it misleading? In other words, commercials should makes ear what the typical results are (an, of course, have prior substantiation for such claims); merely stating that the results of the endorser are not typical will not cut it. C. broadcasters are required to provide time for opposing viewpoints on important issues. The CAN-SPAM Act does not provide for a private legal cause of action or remedy for spam recipients. B) It can be profitably used when the product's quality and image support its price. C. According to the Federal Trade Commission consumers believe in puffery. The next remedy on the ladder is voluntary compliance and is used for advertising campaigns that are over or nearly over. 3. B. Self Regulation by the Advertising Industry, Local Regulation and Better Business Bureau. It may believe that the advertising claim is truthful or may simply want to hold off any FTC ban on certain kinds of product claims. -Court said overbroad and law shut down Federal Communications Commission -premium paid, an insurer has the right to recover payment made to the insured from the negligent party. In addition, consumer reaction to the charges often results in list sales as well. agreed, observing that the adult struggles to attain intimacy and -1200 employees C. Freedom to stop the airing of any advertisement Within how many days must a producer notify the department of banking and insurance of a change in address? -may never raise premiums, maria the agent would like to advertise an annuity product on a highway billboard. is false or misleading, promotes unlawful goods or services, or is discriminatory on the basis of race. To implement this provision, the FTC in 2004 adopted a rule requiring spammers who send sexually oriented material to include the warning "SEXUALLY-EXPLICIT:" in the e-mail subject line or face fines for violations of federal law. -is not available to the public Trade regulation rules have had a great deterrent effect, as they comprehensively delimit what constitutes an illegal practice. 3. There is a "reasonable fit" means "narrowly tailored" -form a large PPO on a statewide level BBB is the largest and best known self-regulatory mechanism in United States, for controlling advertising practices, that has been established by the business community. For instance, in the seminl 1943 opinion in West Virginia Board of Education v. Barnette, the court held that children in public schools could not be forced or compelled to recite the Pledge of Allegiance or salute the American flag. B. D. NARC can handle cases at lower cost as compared to a court. The Magnuson-Moss Act of 1975: If you respond by pressing any number, it will probably lead to more robocalls.". Is it a violation of the First Amendment for a newspaper, magazine or broadcasting station to refuse to carry an ad? The long-standing legal doctrine is that the First Amendment is not even implicated; such a situation is one private entity, the mass medium, refusing to do business with another private entity. B. ad substantiation. *National Advertising Review Board (NARB)*. If an advertiser refuses to sign a consent order, the inquiry is handed to the U.S. Department of Justice. When advertisements or sales practices are targeted to a specific audience, such as those aimed at children or people who are elderly or terminally ill, they will be viewed from the perspective of a reasonable member of that group. 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.
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