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

Yes, you can use social media to promote your business in Illinois, but you must comply with the state’s advertising laws and regulations. The Illinois Ophthalmic Advertising Act [1.2] and the Illinois Consumer Fraud and Deceptive Business Practices Act [1.1] are two such laws that businesses must comply with when advertising on social media.

Requirements for Social Media Advertising in Illinois

Illinois Ophthalmic Advertising Act

The Illinois Ophthalmic Advertising Act requires that any advertising for ophthalmic goods or services, including on social media, must be truthful and not misleading [1.2]. Additionally, any advertising must comply with the Act’s disclosure requirements, which include:

  • The name and address of the advertiser
  • The name of the ophthalmic goods or services being advertised
  • The name of the ophthalmic professional responsible for the advertisement
  • Any other information required by the Illinois Department of Financial and Professional Regulation [1.2]

Illinois Consumer Fraud and Deceptive Business Practices Act

The Illinois Consumer Fraud and Deceptive Business Practices Act prohibits businesses from engaging in deceptive or unfair practices, including in advertising on social media [1.1]. Specifically, businesses must not make false or misleading statements in their advertising, or engage in any other conduct that is likely to deceive consumers.

Other Relevant Laws

Other relevant laws include the Legal Advertising Rate Act [3.1], the Business Opportunity Sales Law [2.2], the Illinois Securities Law of 1953, and the Telephone Solicitation Act [4.1].

Conclusion

In summary, businesses can use social media to promote their products or services in Illinois, but they must comply with the state’s advertising laws and regulations. This includes ensuring that their advertising is truthful and not misleading, and that they comply with any disclosure requirements. Additionally, businesses must not engage in any deceptive or unfair practices in their advertising.

Source(s):
Jurisdiction

Illinois