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

Based on the documents provided, there are several laws in New York that regulate advertising practices. To determine whether you can use social media to promote your business without violating advertising laws in New York, we need to consider the specific requirements of these laws.

False Advertising

False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in New York is unlawful [1.1]. False advertising means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect [1.2]. Therefore, when promoting your business on social media, you must ensure that your advertising is not misleading in any material respect.

Prohibiting Advertising that Promotes the Use of Dwelling Units in a Class A Multiple Dwelling for Other Than Permanent Residence Purposes

It is unlawful to advertise occupancy or use of dwelling units in a class A multiple dwelling for occupancy that would violate subdivision eight of section four of this chapter defining a “class A” multiple dwelling as a multiple dwelling that is occupied for permanent residence purposes [4.1]. Therefore, if your business involves promoting the use of dwelling units in a class A multiple dwelling, you must ensure that your advertising does not promote the use of such units for other than permanent residence purposes.

Deceptive Acts and Practices Unlawful

Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in New York are unlawful [1.3]. Therefore, when promoting your business on social media, you must ensure that your advertising is not deceptive in any way.

Interactive Information Network Service; Disclosure

No person, partnership, firm, association or corporation or agent or employee shall advertise the services of an interactive information network service in any broadcast advertisement unless such advertisement shall conspicuously give notice setting forth the total cost of the service to the consumer, whether or not such cost will be incurred upon contacting the service or over a period of time, and the cost per call and/or the cost per minute or additional minute, if applicable, of the service [7.2]. Therefore, if your business involves providing an interactive information network service, you must ensure that your advertising includes a notice setting forth the total cost of the service to the consumer and the cost per call and/or the cost per minute or additional minute.

Use of tax or other notices to distribute advertising and propaganda material

It is unlawful to mail or deliver any notice, circular, pamphlet, card, hand-bill, printed or written notice of any kind other than that which is authorized or required by law with a statement of moneys due the state of New York or any political subdivision thereof, or with a tax bill or notification of a tax to be assessed or levied by the state of New York or any political subdivision thereof [2.1]. Therefore, you cannot use tax or other notices to distribute advertising and propaganda material.

In summary, when promoting your business on social media in New York, you must ensure that your advertising is not misleading, deceptive, or in violation of any other advertising laws in New York. If you are unsure whether your advertising complies with these laws, you should consult with a legal professional.

Source(s):
Jurisdiction

New York