The dots are here. State deceptive advertising laws (which apply to commercial websites, online advertising and communications, email, social media, etc.), are based upon U.S. FTC deceptive advertising regulations, which encompass all 50 U.S. states (technically the FTC creates regulations, but they work very much like laws and violations can be prosecuted in court, but most commonly, settlements occur prior to that point), however, the FTC doesn't have the resources to go after thousands of small business violations, so the states have created numerous laws based on FTC regulations and state legal authorities prosecute violations. Falsely advertising a going out of business sale when your business is not actually in the process of going out of business is covered by the FTC's deceptive advertising regulations and can be prosecuted at the federal or state levels, where a state has applicable laws (I think all 50 have these laws, but I'm not certain), and Tennessee has those laws, including at least two laws that were violated by NVA. These laws make it is illegal for a business to falsely conduct a going out of business sale when they are not within 90 days of legally closing a business (not just possessing some thoughts of closing a business, as some have asserted is the case here, but actually legally in the process of closing a business, within 90 days of closing the business). Here are the specific clauses:whyterabbyt wrote:No, I cant join those dots, for this particular company based in Nashville, Tennessee. Please state exactly what the dots are for all of us to enjoy.Numanoid wrote:In the particular state of Georgia it is illegal to do recurring going-out-of-biz sales.whyterabbyt wrote:they stated an intention to shut up this particular shop, they're legally bound never to sell these products again.
See if you manage to contect the dots.
"Advertising of any sale by falsely representing that a person is going out of business."
"Advertising that a business is "going out of business" more than ninety (90) days before such business ceases to operate."
Here's a link from a TN lawyer's website that includes more detail: http://www.kevinsnider.com/images/Consu ... 2003-2.pdf