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Can I advertise my products or services without violating truth-in-advertising laws in Arkansas? What are the requirements?

Advertising Requirements in Arkansas

To advertise products or services in Arkansas, you must comply with the truth-in-advertising laws. The Arkansas Code Annotated § 5-37-515 prohibits false, fraudulent, and misleading advertising. It is unlawful to make any untrue, deceptive, or misleading assertion, representation, or statement of fact in any advertisement regarding real estate, merchandise, a security, service, or anything offered to the public [1.1][2.1].

Prohibited Advertising

An advertisement for the offer or sale of time-shares in Arkansas has additional requirements. The Arkansas Code Annotated § 18-14-503 prohibits certain types of advertising for time-shares. For example, it is unlawful to make a prediction of or imply specific or immediate increases in the price or value of the time-share property, nor shall a price increase of a time-share property be promoted unless the developer has authorized and announced the price increase. Additionally, advertising materials proposed for use or used in Arkansas for the offer or sale of a time-share property are subject to the review of the Arkansas Real Estate Commission upon its request [1.2].

False Advertising

The Arkansas Code Annotated § 18-14-502 makes it unlawful for a person with intent, directly or indirectly, to offer for sale or sell time-shares in Arkansas or to authorize, use, direct, or aid in the publication, distribution, or circulation of an advertisement, radio broadcast, telecast, or other electronic media concerning the time-share plan in which the time-share properties are offered that contains a statement, pictorial representation, or sketch that is false or misleading [1.4].

Enforcement

If the Arkansas Real Estate Commission determines that a person is violating or failing to comply with the requirements of the truth-in-advertising laws or the time-share advertising requirements, the commission may order the person to cease and desist from the violations and may take enforcement action under § 18-14-201 et seq [1.3].

License Requirements

If you are unsure whether your advertising materials comply with the truth-in-advertising laws or the time-share advertising requirements, you may want to consult with an attorney. Additionally, if you are offering time-shares for sale in Arkansas, you may need to obtain a license from the Arkansas Real Estate Commission [4.1][4.2].

To summarize, to advertise products or services in Arkansas, you must comply with the truth-in-advertising laws. If you are offering time-shares for sale in Arkansas, you must also comply with the additional advertising requirements for time-shares. It is unlawful to make any untrue, deceptive, or misleading assertion, representation, or statement of fact in any advertisement regarding real estate, merchandise, a security, service, or anything offered to the public. If you are unsure whether your advertising materials comply with the laws, you may want to consult with an attorney.

Source(s):
Jurisdiction

Arkansas