ADPR 3100 Lecture Notes - Lecture 14: Day-Fine, Consent Decree, Product Placement

• School: University of Georgia
• Department: Advertising and Public Relations
• Course: ADPR 3100
• Professor: Evans

Document Summary

Second, we examine the practice from the perspective of a consumer acting reasonably in the circumstances. If the representation or practice affects or is directed primarily to a particular group, the commission examines reasonableness from the perspective of that group. Third, the representation, omission, or practice must be a material one. The basic question is whether the act or practice is likely to affect the consumer"s conduct or decision with regard to a product or service. If so, the practice is material, and consumer injury is likely, because consumers are likely to have chosen differently but for the deception. In many instances, materiality, and hence injury, can be presumed from the nature of the practice. In other instances, evidence of materiality may be necessary. Thus, the commission will find deception if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer"s detriment.