On behalf of Kadish & Anthony Law Group posted in Business Litigation on Friday, May 18, 2018.
Business owners usually try to take all the steps they can to protect their business. One thing that they need to make sure that they are doing is protecting it from deceptive practices claims. These can be devastating because Arizona laws stipulate that these issues can be treated as misdemeanors.
One thing to note is that Arizona doesn’t consider the Uniform Deceptive Trade Practices Act. Instead, it relies on state law to handle these matters. Some of the things that are forbidden include bait-and-switch cases, false advertising and tampering with the odometer of a vehicle.
When there are issues that fall under this umbrella, the attorney general will usually get involved to handle the matter. Consumers or private parties taking legal action isn’t covered in the statutory language here.
The wording that you choose in your advertising can have an impact on these claims. For example, a business that sells food can say that the food is all natural, but this is only a suggestion about the quality of the product. It isn’t a claim that the product is organic.
Businesses can also use disclaimers for another level of protection. This is important because it can have a huge impact on the effectiveness of your defense if you are accused of deceptive trade practices.
It is always a good idea to have your advertising reviewed for potential violations of the state’s advertising and trade practices laws. Even though this might mean that the ads take a little longer to go public, the protection that your business enjoys because of this will almost certainly be worth it.
Source: FindLaw, “Arizona Deceptive Trade Practices Laws,” accessed May 18, 2018