Collect Sports Paper

Essay by Katherine CruzUniversity, Bachelor's November 2004

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Scenario

Collect Sports (CS) is a sports memorabilia store in Any State, U.S.A. CS sells sports trading cards and autographed photos, baseballs, bats, footballs, jerseys and other sports equipment and clothing. Paul Smith is the owner. Mary and Steve are employees. Mark is a 16 year old student who works part-time at the store during the school year and full-time during the summer.

Collect Sports Paper

Misleading Advertising

Are advertisements merely an exaggeration of the truth, which try to brainwash the potential buyer? Can people merely dismiss all adverts and remain completely unaffected by them? There can be no definite response to such questions as every individual is unique and will interpret adverts differently.

Article 363: "The following acts, among others, are declared unfair competition: 1) to deceive or confuse the general public or specific persons via: a) the spreading of false news, intended to influence the intention of the buyer, regarding the motives that the seller has to offer special conditions, such as announcing sales due to liquidations, business failures or meetings of creditors, when these situations do not really exist...."

The Law of the Consumer regulates freedom of expression in so far as Article 3, clause 5, declares that falsehood in the quality of products is a violation of law. Clause 6 in the same article calls it deceit of quality. This is to deter the broadcast of advertisements by the media that deceive the consuming public with respect to quality that a product or service lacks.

False Advertising

Advertising is advertising that is either literally false or is likely to mislead and confuse consumers. Any advertising which is misleading in any material respect is considered to be false advertising. An advertisement is considered misleading if it fails to disclose facts, which are important in light of what...