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Rule Summary: Fair Packaging and Labeling Act
The Fair Packaging and Labeling Act (FPLA or Act), enacted in 1967, directs the Federal Trade Commission and the Food and Drug Administration to issue regulations requiring that all "consumer commodities" be labeled to disclose net contents, identity of commodity, and name and place of business of...
Rule Summary: Mail, Internet, or Telephone Order Merchandise Rule
The Rule, issued in 1975, requires sellers who solicit buyers to order merchandise through the mail, via the Internet, or by phone to have a reasonable basis to expect that the sellers can ship within the advertised time frame, or, if no time frame is specified, within 30 days. The Rule also...
Rule Summary: Advertising of Warranties and Guarantees
The Advertising of Warranties and Guarantees Guides help advertisers avoid unfair or deceptive practices in the advertising of warranties and guarantees. The Guides provide examples of disclosures sufficient to convey to consumers the details of the warranty coverage and the meanings of various...
Rule Summary: CAN-SPAM Rule
The CAN-SPAM Act requires the Commission to issue regulations “defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.” The CAN-SPAM Act applies almost exclusively to “commercial electronic mail messages”.
Rule Summary: Use of Prenotification Negative Option Plans
Under these plans, sellers ship merchandise such as books, compact discs or tapes automatically to their subscribers, and bill them for the merchandise, if they do not expressly reject the merchandise within a prescribed time.
The offer of "Free" merchandise or service is a promotional device frequently used to attract customers. When making "Free" or similar offers all of the terms and conditions upon which one can receive and retain the “Free” item should be set forth clearly and conspicuously at the outset of the...