Full question:
I would like to run an ad in the paper to sell on eBay for businesses and people and I will keep 10% of profit and they keep 90%. Is it legal to run that ad in the paper?
- Category: Advertisement
- Date:
- State: Alabama
Answer:
Offering a service for the sale of another person's property is not in and of itself illegal. The offer for service can be made through print, electronic or verbal media. However, it may be helpful to know that there are laws in Alabama prohibiting false advertising.
Section 13A-9-42 — False advertising.
(a) A person commits the crime of false advertising if, in connection with the promotion of a sale, transfer, consumption or use of property or services, he makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
(b) It is a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly in making the false or misleading statement or in causing it to be made. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
Therefore, an ad for any service would want to be sure the offer matches what the service entails, perhaps including any hidden fees (like fees required by ebay).
(c) False advertising is a Class B misdemeanor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
