RG 234.47
The more that a qualification is required to balance the information contained in the headline claim, the more prominently placed the qualification should be. The headline claim must not itself be misleading.
RG 234.51
If a qualification is required, it must be published at the same time as the original message. Subsequent qualifying disclosures will not be effective as the misleading impression will already have been created.
RG 234.67
An advertised comparison rate must be identified as a comparison rate and the comparison rate must not be less prominent in an advertisement than any interest rate.
A comparison rate in an advertisement must be accompanied by a warning about the accuracy of the comparison rate and that the comparison rate is accurate only for the example given.
RG178/RG234.156
It is not necessary to show that consumers have actually been misled" the law prohibits conduct that is likely to mislead.
If an advertisement is misleading, then it cannot be cured - a promoter cannot rely on an accurate disclosure document or contract to undo the effect of a misleading advertisement.
The audience is not the audience that the promoter would like, but the audience the advertisement actually reaches
Consumers cannot be expected to study or revisit an advertisement - the most important consideration is the overall impression created by the advertisement when viewed for the first time.
Qualifications of a headline claim must be clear and prominent - some headline claims are so strong that any separate qualification will not correct any misleading impression.
Silence can be misleading or deceptive when it is reasonable for a consumer to expect disclosure of important information - silence on important details can render a statement misleading, even though it is factually correct.
