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Can I advertise my products or services without violating truth-in-advertising laws in Tennessee? What are the requirements?
Requirements for Advertising in Tennessee
To ensure compliance with truth-in-advertising laws in Tennessee, there are certain requirements that must be met when advertising products or services.
- Truthful and accurate claims: Advertisements must not contain false, deceptive, or misleading information [1.1][1.3].
- No prohibited representations: Advertisements for live musical performances or productions must not use false, deceptive, or misleading affiliations, connections, or associations between performing and recording groups [1.3].
- Compliance with state and federal laws: Advertisements must comply with all applicable state and federal laws, including the Real Estate Settlement Procedures Act, the Truth In Lending Act, and the Equal Credit Opportunity Act [2.2].
- No prohibited acts and practices: Advertisements must not engage in prohibited acts and practices, such as making false or deceptive statements, delaying closing of a residential mortgage loan, or intimidating a real estate appraiser [2.2].
Additional Information
In addition to the above requirements, it is important to note that false or misleading advertising pertaining to mortgage loans or the availability of mortgage loans is unlawful in Tennessee [2.1]. Violations of truth-in-advertising laws in Tennessee are considered violations of the Tennessee Consumer Protection Act of 1977 and are subject to penalties and remedies as provided by that act [1.2].
Furthermore, if you are conducting business in Tennessee and sending unsolicited advertising material by email, you must establish a toll-free telephone number or return email address that a recipient of the unsolicited e-mailed documents may call to notify the sender not to e-mail the recipient any further unsolicited documents. Upon notification by a recipient of the recipient’s request not to receive any further unsolicited e-mailed documents, no person or entity conducting business in Tennessee shall e-mail or cause to be e-mailed, any unsolicited documents to that recipient. [5.1]
Conclusion
To advertise products or services in Tennessee, it is important to ensure that all claims made in advertisements are truthful and accurate, that no prohibited representations are made, and that all applicable state and federal laws are followed. Additionally, prohibited acts and practices must be avoided. If you are sending unsolicited advertising material by email, you must establish a toll-free telephone number or return email address that a recipient of the unsolicited e-mailed documents may call to notify the sender not to e-mail the recipient any further unsolicited documents.
Source(s):
- [1.1] Short title.
- [2.1] False or misleading advertising unlawful — Exceptions.
- [1.2] Violations — Application and construction.
- [5.1] Regulation of unsolicited electronic advertising — Falsification of electronic mail transmission information prohibited — Institution of actions and damages.
- [1.3] Prohibited musical performance or production.
- [2.2] Prohibited acts and practices.
Jurisdiction
Tennessee