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Can I use social media to promote my business without violating advertising laws in Washington? What are the requirements?
Using Social Media to Promote Business in Washington
Washington State has several advertising laws that businesses must comply with. However, there are no specific laws in Washington that prohibit businesses from using social media to promote their products or services.
Compliance with Advertising Laws
Businesses must ensure that their social media advertising complies with all applicable advertising laws, including those related to electronic mail messages and business opportunities.
- RCW 19.190.020 prohibits the transmission of commercial electronic mail messages that contain false or misleading information in the subject line.
- RCW 19.110.050 requires any person who proposes to sell or lease a business opportunity to register prior to advertising, soliciting, or making any offer, sale, or lease in the state. The applicant must also file copies of all advertisements offering business opportunities seven days before their intended use.
- RCW 9.04.010 prohibits false advertising. Any assertion, representation, or statement of fact which is untrue, deceptive, or misleading in an advertisement regarding merchandise, securities, service, or anything offered to the public is considered false advertising.
- RCW 9.04.060 prohibits the initiation or assistance of the transmission of an electronic commercial text message to a telephone number assigned to a Washington resident for cellular telephone or pager service that is equipped with short message capability or any similar capability allowing the transmission of text messages.
- RCW 19.335.030 requires that any person advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements must include a specific disclosure.
Requirements for Social Media Advertising
To avoid violating advertising laws, businesses should ensure that their social media advertising is not false, misleading, or deceptive. They should also ensure that any claims made in their advertising are substantiated and that they comply with any applicable disclosure requirements.
In summary, businesses can use social media to promote their products or services in Washington, but they must ensure that their advertising complies with all applicable advertising laws.
[2.1][3.2][3.3][5.1][3.6][6.2][7.2]
Source(s):
- [2.1] Advertising or promotion disclosures.
- [3.2] False advertising.
- [3.3] False, misleading, deceptive advertising—Penalty.
- [5.1] Registration requirements—Unprofessional conduct—Suspension of license or certificate for noncompliance with support order—Reinstatement.
- [3.6] False, misleading, deceptive advertising—Action to restrain and prevent.
- [6.2] Commercial electronic text message—Prohibition on initiation or assistance—Violation of consumer protection act.
- [7.2] Unlawful acts.
Jurisdiction
Washington