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Can I use social media to promote my business without violating advertising laws in Alabama? What are the requirements?

Yes, you can use social media to promote your business in Alabama, but you must comply with the state’s advertising laws. Here are some requirements to keep in mind:

Truthful and Non-Misleading Statements

All statements made in your social media advertisements must be truthful and not misleading. False advertising is a crime in Alabama, and it is illegal to make false or misleading statements in any advertisement addressed to the public or to a substantial number of persons [1.1].

Bait Advertising

Bait advertising is also illegal in Alabama. This occurs when a person offers 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 offered them, in a quantity sufficient to meet the reasonably expected public demand, or at all [1.2].

Door-to-Door Sales

If you plan to engage in door-to-door sales, you must have a state transient business license and a county business license issued by the commissioner of licenses as provided in Section 45-8-241.01 of the Alabama Code. You must also wear an identification badge clearly visible to others while conducting business or visiting homes in the course of your business, and keep a copy of both licenses for each person in your vehicle during hours of operation [2.1].

Commercial Telephone Sales

If you plan to engage in commercial telephone sales, you must obtain a license from the division prior to doing business in Alabama. You must also submit a written application for the license, provide accurate and complete information, and pay an annual license fee of $500.00. It is a violation of this chapter for a commercial telephone seller to fail to maintain a valid license, advertise that one is licensed as a commercial seller or represent that the licensing constitutes approval or endorsement by any government or governmental office or agency, provide inaccurate or incomplete information to the division when making a license application, or misrepresent that a person is registered or that a person has a valid license number [5.1].

If you are unsure whether your advertisements comply with Alabama’s advertising laws, you may want to consult with a legal professional.

Source(s):
Jurisdiction

Alabama