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

Yes, you can use social media to promote your business in Missouri, but you must comply with the state’s advertising laws. The requirements for advertising in Missouri are outlined in several statutes, including MORS 407.832, MORS 407.610, and MORS 407.663.

False Advertising

MORS 407.832 prohibits the use of false, deceptive, or misleading advertising by franchisees or franchisors. This means that any advertising you do on social media must be truthful and not misleading [1.1][1.2].

Promotional Programs

MORS 407.610 requires that any person who intends to use a promotional device or program to advertise, solicit sales, or sell any time-share period, time-share plan, or time-share property in Missouri must notify the Missouri attorney general in writing at least 14 days prior to releasing the materials to the public. The notice must include an exact copy of each promotional device and program to be used, as well as specific information about the program, such as the date by which all awards will be awarded, the method by which they will be awarded, and the odds of winning [1.4].

Rental-Purchase Agreements

MORS 407.663 requires that any advertisement for a rental-purchase agreement that refers to or states the amount of the payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state that the transaction advertised is a rental-purchase agreement, the total amount and number of payments necessary to acquire ownership of the merchandise, and that the consumer does not acquire ownership rights in the merchandise until all payments have been made under the terms of the agreement [1.8].

Social Media Advertising

While there are no specific statutes that regulate advertising on social media in Missouri, the general requirements for advertising outlined in the statutes above still apply. Therefore, any advertising you do on social media must be truthful and not misleading, and if you are offering any promotions or giveaways, you must comply with the requirements of MORS 407.610. Additionally, if you are advertising rental-purchase agreements, you must comply with the requirements of MORS 407.663 [1.1][1.2][1.8].

It is important to note that advertising laws can be complex and may vary depending on the specific circumstances of your business and the type of advertising you are doing. Therefore, it is recommended that you consult with a legal professional to ensure that your advertising practices comply with all applicable laws and regulations.

Source(s):
Jurisdiction

Missouri