Misleading and deceptive conduct According to Section 9, no person shall, in trade, engage in a conduct that is misleading or deceptive or likely to mislead or deceive. Breaching of this section does not constitute an offence but it’s a provision of the most civil actions of the breaches of the Act (Hubbard, 2013). When an employee makes a statement that David Beckham used a shave machine purchased from MME Ltd, if untrue, breach s13 (e), if there is no image of David Beckman in any of the advertisements with no accompanying statement, then it will not be false or misleading representation but under ss9 and 10 it will be deceptive conduct provided it can be argued that, somehow the advertisement created an impression that the product was associated with Beckman. Misleading conduct in relation to goods (s10), no person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, characteristics, suitability for purpose or quantity of the service. Ss 13-16 are confined to actual statements either oral or written but ss 9-12 are concerned with conduct (Hubbard, 2013). Provision of inadequate information constitute conduct, held in the case of Heiber v. Barfoot & Thompson, T purchased a property on the Auckland waterfront, the agent was aware that local yacht club had permission to re-site their clubhouse in a position that the views would, to some degree be impaired. It was Held that the agent engaged in misleading or deceptive conduct in remaining silent about the club’s plans, failing to mention the proposed re-siting of the clubhouse made the literal truth false. However it must be pointed out that a conduct must be capable of conveying a meaning. Misleading conduct in relation to employment (s12), ... ... middle of paper ... ...sibility to compile with lies on everyone. Fair Trading Act was used in this guide to show how some situations which arise in business are applied to law. Headings were used to cover the most important sections of the act with details on how it relates to business. Having said all that, I can conclude that this was just a guide on how each and every one should compile with the law, there are many sections which I didn’t mention, not because they are not important but I wanted to emphasise on the ones which are usually encountered in everyday business. Everyone must follow the law, if you are found to be in breach of any act, there are penalties. Any company or person has the right to defend the charges laid upon them but evidence must be provided. There are also remedies which can be claimed, not only under this act but in other laws as well.
The role of law reform has responded rather effectively to a certain extent in protecting the rights of consumers. This is evident in the legal responses introduced to address issues of credit, marketing innovation and technology. These law amendments has effectively increase the protection of the rights of consumers to a certain extent, however loopholes still exist. Due to the increasing range of goods and services continues to grow and the failure of existing laws, the role of law reform has been significant in protecting the rights of consumers. Consumer laws were created to prevent deceitful activities, or unfair business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances.
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
Making false or misleading statements with the purpose of securing goods or services under the Workers' Compensation Act;
To begin with, misleading advertising is the commercial speech “that can deceive consumers by ambiguity, through presentation or by omitting important information […] or including false information.” It is subject to federal regulation. Before 1895 fraudulent advertising was everywhere. It was not until 1893 to 1911 “when standards were in the making” due to the acknowledgement of ethical dilemmas of false advertising: deceiving the consumer and dishonesty.
When consumers look at advertisements, most do not pay attention to the meaning of words and are won by the unfinished message put out by advertisers. Advertisers use the manipulation of language to create claims that suggest something about their products without directly claiming it to be true. Through this method, consumers are attracted to a product because they infer certain things about the product from its claim even though those things are often not true of the product itself. There are not many laws protecting the consumers, however the Federal Trade Commission designed a few to prevent fraudulent or untruthful claims in advertising. The FTC cracked down on the more blatant abuses in advertising claims, making it so advertisers have to be careful in what they say. To be lawful and keep advertisers away from getting in trouble, they use words known as weasel words. We turn to expert William Lutz to define weasel words and to understand the usage behind them. Lutz is a retired English professor whose purpose in his text, “With These Words, I Can Sell You Anything,” “is to uncover and lay bare the rhetorical strategies of advertisers that often conceal the true product or embellish its effectiveness” (Myers 197). Lutz elaborates on the concept of weasel words and includes how unfinished words, rhetorical questions, and action weasel words are used to portray a hollow message to consumers (Myers 197). Defined by Lutz, “weasel words appear to say one thing when in fact they say the opposite, or nothing at all” (Lutz 197). A current print ad that uses weasel words to promote their product is titled, “Who’s got turkey neck? Not me,” and is trying to promote a tightening neck cream called StriV...
Every year Americans are bombarded with thousands of ads for products that companies want consumers to buy, whether it is from the internet, television, radio, or print Americans see advertisements wherever they go. Thus, advertising companies have been using different advertising tactics to lure people into buying their products since, according to American Consumerism and the Global Environment, America became a consumer-based economy and society (“American Consumer Society”). Many of the tactics used by advertisers are considered deceiving and unfair. They use different techniques to attract our attention and get consumers to purchase their product. According to a handout provided by William Myers, there are two types of techniques used in ads: rhetorical and graphic (n.p.). Rhetorical techniques used in ads are the way that the advertisers can manipulate words to attract and convince consumers to buy their product. The rhetorical techniques that are used in ads are known as weasel words which, according to William Lutz, “Advertisers use weasel words to appear to be making a claim for a product when in fact they are making no claim at all” (309). Lutz is an English professor for Rutgers University who specializes in doublespeak and more specifically weasel words (304). While the rhetoric advertisers employ may make it seem like they want the consumer to get the best product, according to Stuart Hirschberg, “the underlying intent of all advertising is to persuade specific audiences” (227). Hirschberg is also an English professor at Rutgers University (“Profile: Stuart Hirschberg”). Graphic techniques used in ads are the ways the advertisers present the product to you and the image you see in the ad. In print ads, advertisers re...
Fair Trade laws are enacted to provide an equal opportunity in the marketplace for developing countries and small producers of goods. To protect their financial economies, .governments intervene by placing huge taxes and quotas on exports, to restricting producers who try to flood the markets with their products. This intervention also helps those producers who are facing unfair trading practices. Companies who provide cheaper made products, can cause a deficit for any country by flooding their economy with these exports. Fair trade prevent this and provides developing countries with the opportunity to provide merchandise that is not readily provided to the consumer. Fair trade helps provides jobs in developing countries and protect them from the abuses of monopolization. To solve this problem, there must be a fair exchange for goods and services. If these practices are allowed to continue, we as the consumer, will be paying higher prices at the stores.
Is advertising the ultimate means to inform and help us in our everyday decision-making or is it just an excessively powerful form of mass deception used by companies to persuade their prospects and customers to buy products and services they do not need? Consumers in the global village are exposed to increasing number of advertisement messages and spending for advertisements is increasing accordingly.
In the case where the customer a wants to purchase a certain shoe but the shoe store does not have her/her size, and the salesperson tries to trick the customer into purchasing a larger shoe, the sales associate lying and deception is morally un...
Unbeknownst to many individuals, the advertisements one may view in any given day have the capability of containing numerous logical fallacies in both their print and imagery. Logical fallacies referring to a list of coherent errors that renders one's argument illogical and thus, ineffective. Everyday one experiences a multitude of advertisements that attempt to persuade one to purchase its product. Although a vast majority of advertisements are created with the involvement of economists, psychologists, and artists alike, they can also contain logical fallacies. Although most of these fallacies remain undetected to a vast majority of people, a competent critical thinker will have the tools needed to deduce them. These print advertisements
Nowadays television and the advertising displayed in it is a part of everyday life in most households. What many people do not know is that television in many ways is bad. Numerous articles have been written on this. Many surveys and books have been written on this subject as well. The ads in television are what are especially bad. Some television ads are misleading.
It is an unlawful act made by various parties of a specific good or service to inaccurately advertise their product, through false or misleading statements. (http://www.nka.com/practice-areas/consumer-rights/false-advertising-deceptive-marketing/) Advertisers should strongly evade advertisements that have the ability to deceive, regardless the fact that nobody may be deceived and the very first step is to recognizes those practices.
The Illusion of Advertisements Advertisements are pieces of art or literary work that are meant to make the viewer or reader associate with the activity or product represented in the advertisement. According to Kurtz and Dave (2010), in so doing, they aim at either increasing the demand of the product, to inform the consumer of the existence, or to differentiate that product from other existing ones in the market. Therefore, the advertiser’s aim should at all times try as much as possible to stay relevant and to the point. The advert alongside is simple and straight to the point. It contains very few details but extremely large content with the choice of words and graphics.
Advertisements are located everywhere. No one can go anywhere without seeing at least one advertisement. These ads, as they are called, are an essential part of every type of media. They are placed in television, radio, magazines, and can even be seen on billboards by the roadside. Advertisements allow media to be sold at a cheaper price, and sometimes even free, to the consumer. Advertisers pay media companies to place their ads into the media. Therefore, the media companies make their money off of ads, and the consumer can view this material for a significantly less price than the material would be without the ads. Advertisers’ main purpose is to influence the consumer to purchase their product. This particular ad, located in Sport magazine, attracts the outer-directed emulators. The people that typically fit into this category of consumers are people that buy items to fit in or to impress people. Sometimes ads can be misleading in ways that confuse the consumer to purchase the product for reasons other than the actual product was designed for. Advertisers influence consumers by alluding the consumer into buying this product over a generic product that could perform the same task, directing the advertisement towards a certain audience, and developing the ad where it is visually attractive.
Businesses are in game in order to earn money and advertising is the strongest weapon that helps to sell a particular product . An advertisement can be harmful and misleading as well as helpful and beneficial . Advertising in ethics is an unclear concept , but truly the main goals of corporations should be avoid misleading their customers by setting up wrong expectations and to keep their current clients .The major problem with advertising is that most of them are misleading . Advertisements create an unrealistic and sometimes irrelevant impression of an any particular product. Unfortunately, often , consumers become the victims of their tricks .