2018 GNYADA Membership Directory

Nevada laws referenced above. If an advertisement would mislead consumers in the absence of additional information, the disclosure of that information must be “clear and conspicuous.” Advertisers should apply the four P’s of effective disclosures – prominence, presentation, placement, and proximity – as a starting point. The FTC has stated that if a disclosure is not made clearly and conspicuously, it is the equivalent of not making the disclosure at all. Avoid putting required disclosures in“mouse type”or in a color that blends into the background or in pop-ups on websites. Use plain English and don’t use abbreviations not commonly understood by the public. Fast-talking TV or radio disclaimers are also problematic. The CFPB specifically has cited fast-talking telemarketers as part of a deceptive selling process. 4. If you use an advertising agency, try to get the agency to indemnify you if the ads it produces lead to litigation or an FTC or Attorney General action. It is a best practice to have your attorney review all your advertising before publication. 5. Use caution in promoting your products in digital media. Remember that advertising online must be considered from the perspective of all devices that will be used to view it, including cell phones and tablets. Make sure any disclosures are clear and conspicuous on any type of device used by consumers. In addition, make sure you disclose any material connections between you and an endorser of your product, including if the endorser is receiving monetary or other compensation. 6. Adopt a social media policy in accordance with the guidelines described above and in consultation with your attorney or compliance professional. Make sure that your social media policy protects against improper disclosure of company or consumer information but does not inhibit the employee. 7. The FTC’s website, www.ftc.gov, and State Attorney General websites provide a great deal of information on auto dealer advertising guidelines. Checking those websites to see recent enforcement proceedings involving auto dealer advertising can also be helpful. Additional Resources A consumer compliance handbook published by the Federal Reserve Board to promote compliance with Section 5 of the FTC Act which prohibits unfair and deceptive acts and practices: www. federalreserve.gov/boarddocs/supmanual/cch/200806/ftca.pdf FTC Guidelines for Small Business Advertising: www.business.ftc.gov/documents/bus35-advertising-faqs-guide-small-business FTC Guidelines for Advertising and Marketing on the Internet: business.ftc.gov/documents/bus28-advertising-and- marketing-internet-rules-road A Dealer’s Guide to the Used Car Rule: business.ftc.gov/documents/bus13- dealers-guide-used-car-rule Answering Dealers’ Questions About the Revised Used Car Rule: www.ftc.gov/tips-advice/business-center/ guidance/answering-dealers-questions-about-revised-used-car-rule Information about the Self-Regulatory Program for Online Behavioral Advertising and the Advertising Icon: www.aboutads.info/principles Complying with the FTC’s Telemarketing Sales Rule: business.ftc.gov/documents/bus27-complying- telemarketing-sales-rule A Businessperson’s Guide to Federal Warranty Laws, including the MMWA: www.ftc.gov/tips-advice/business-center/guidance/businesspersons-guide-federal-warranty-law FTC Guide on Complying with the CAN-SPAM Act: business.ftc.gov/documents/bus61-can-spam-act-compliance-guide- business A Good Summary of Guidelines for Advertising: www.ahbbo.com/adsftc MMWA: www.ftc.gov/tips- advice/business-center/guidance/businesspersons-guide-federal-warranty-law#Magnuson-Moss How to Write a Social Media Policy: www.inc.com/guides/2010/05/writing-a-social-media-policy.html

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