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Can I advertise my products or services without violating truth-in-advertising laws in Alabama? What are the requirements?
To advertise your products or services in Alabama without violating truth-in-advertising laws, you must ensure that your advertisements do not contain false or misleading statements. According to ALCA 13A-9-42, false advertising is a Class B misdemeanor if a person makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons. However, it is a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly in making the false or misleading statement or in causing it to be made.
Additionally, ALCA 13A-9-44 provides a limitation on criminal liability for false advertising and bait advertising by broadcasters, publishers, etc. A television or radio broadcasting station, or a publisher or printer of a newspaper, magazine or other form of printed advertising, which broadcasts, publishes or prints a false advertisement or a bait advertisement of another person or a telephone company which furnishes service to a subscriber, without knowledge of the advertiser’s or subscriber’s intent, plan or purpose, does not commit a crime under Sections 13A-9-42 and 13A-9-43.
Bait advertising is also prohibited in Alabama under ALCA 13A-9-43. Bait advertising is offering to sell property or services with the intent, plan, or purpose not to sell or provide the advertised property or services at the price at which they were offered, in a quantity sufficient to meet the reasonably expected public demand, unless the advertisement discloses a limitation of quantity, or at all. Bait advertising is a Class A misdemeanor.
There are also specific requirements for certain types of sales in Alabama. For example, a licensee shall not advertise a going out of business sale or distress merchandise sale earlier than seven days prior to the date on which the sale is licensed to begin, and advertising of such sales shall state the number of the license issued pursuant to ALCA 8-13-16 and the date when the sale is to begin. During the last 15 days of such sale, the advertisement shall clearly and prominently state the date upon which the sale shall end [2.1].
If you are engaged in the business of selling products door-to-door for profit, you must have a state transient business license and a county business license issued by the commissioner of licenses as provided in Section 45-8-241, and shall pay any license or privilege fee and any issuance fee required therein. You shall also provide your full name, date of birth, driver’s license, or other government-issued identification number, address, and the name and address of the business with which you are employed as a door-to-door salesperson. The information collected shall be submitted to the Calhoun County Sheriff for a criminal background check and a check as to whether the person is required to register as a sex offender. No person convicted of a felony or required to register as a sex offender shall be eligible to be licensed. Any person who engages in the door-to-door sales or promotions of products or services in violation of this section shall be guilty of a Class C misdemeanor and may be punished as provided by law [3.1].
In summary, to avoid violating truth-in-advertising laws in Alabama, ensure that your advertisements do not contain false or misleading statements. If you are unsure whether your advertisement is truthful, you may want to consult with a legal professional. Additionally, be aware of specific requirements for certain types of sales, such as going out of business sales or door-to-door sales.
Source(s):
Jurisdiction
Alabama