Full question:
A local retailer states that they will match any advertised price. Can it be argued that another local retailer's price tag on an item is an advertised price? I am an attorney doing research on this issue, I would appreciate any help with this. I am trying to argue that a sign displayed on an item meets the word "advertised".
- Category: Abandoned Property
- Date:
- State: Florida
Answer:
Advertising is the practice of attracting public attention to a business, product, or service. It encompasses various forms of public announcements aimed at promoting an idea or drawing attention to a commodity. The right to advertise is a valuable property right, but it is subject to regulations to prevent deceptive or unfair practices.
Many states have laws against false advertising, which can vary. The main federal laws governing false advertising include the Federal Trade Commission (FTC) Act and the Lanham Act. Under the FTC Act, false advertising includes making claims without a reasonable basis to believe they are true. The FTC enforces this act, while private parties can file complaints under the Lanham Act. To prove a violation under the Lanham Act, a plaintiff must show that the advertiser made false statements, the statements deceived a significant portion of the audience, the deception was material, the product was sold in interstate commerce, and the plaintiff suffered injury as a result.
In the context of pricing, a price tag can be seen as an advertised price if it is intended to inform consumers about the cost of a product. However, misrepresentations regarding a product's regular price can be considered unfair and deceptive practices. For example, if a product is labeled as regularly priced higher than it has ever been sold, this may violate advertising laws.
According to the FTC's Guides Against Deceptive Pricing, it is unfair to represent that a price has been reduced from a fictitious price or to make misleading price comparisons. Misrepresenting a product's regular price as a special or discounted price is also prohibited.
In summary, while a price tag can be argued as an advertised price, it must accurately reflect the product's pricing history to avoid potential legal issues.
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.