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

To advertise products or services in Colorado, you must comply with the state’s truth-in-advertising laws. These laws prohibit false or misleading advertising and require that any claims made in advertisements be substantiated [1.5]. Here are the requirements you need to follow:

Requirements for Advertising Goods

Under Colorado law, it is unlawful to advertise goods, wares, or merchandise that you are not prepared and able to supply to the consuming public in pursuance of such advertisement [1.1]. Therefore, you must ensure that you have sufficient inventory or capacity to provide the advertised goods or services before advertising them.

Requirements for Telephone Solicitations

If you plan to make telephone solicitations in Colorado, you must comply with the state’s no-call list laws. It is unlawful to make telephone solicitations to subscribers on the Colorado no-call list [1.3]. Additionally, you must register in accordance with the provisions of section 6-1-905 (3)(b)(II) [1.3].

Requirements for Truthful Advertising

Colorado’s Unfair or Deceptive Trade Practices Act prohibits false or misleading advertising [1.5]. Therefore, any claims made in advertisements must be substantiated. Additionally, you must not make false or misleading statements of fact concerning the price of goods, services, or property or the reasons for, existence of, or amounts of price reductions [1.5].

Other Advertising Requirements

  • Bait advertising is prohibited in Colorado. Bait advertising is when a person offers property or services as part of a scheme or plan, with the intent, plan, or purpose not to sell or provide the advertised property or services at all, or not at the price at which he offered them, or not in a quantity sufficient to meet the reasonable expected public demand, unless the quantity is specifically stated in the advertisement [2.1].
  • Truth in music advertising is required in Colorado. It is unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group [1.2].
  • Sale of public services is prohibited in Colorado. A person engages in a deceptive trade practice when, in the course of the person’s business, vocation, or occupation, the person reserves or obtains a government service or an appointment to receive a government service, and the person sells the service or appointment [1.4].

Therefore, to advertise products or services in Colorado, you must ensure that you have sufficient inventory or capacity to provide the advertised goods or services, comply with the state’s no-call list laws, avoid making false or misleading claims in your advertisements, and comply with other advertising requirements such as truth in music advertising and prohibition of sale of public services.

Source(s):
Jurisdiction

Colorado