Literally True Deception

1
Literally True Deception
2
Deceptive Ads

• A statement (or omission) that is
• Likely to mislead
• A reasonable consumer
• About a material fact.

3
Whats material?

• FTC Analysis
• Likely to affect consumer choice
• If false, injury is likely
• All significant health and safety claims
• Other evidence
• Cost compared to competing product
• Reliable consumer survey data
• Credible testimony

4
Whos the reasonable consumer?

• General populace
• Target audience
• Children
• Elderly
• Terminally ill
• Evidence
• Expert testimony
• Consumer data

5
Whats misleading?

• The worlds best pizza
• Sunscreen Contains Aloe Vera
• 3 out of 4 doctors recommend
• Approved by the American Institute of Science

6
Gaines?burger Dog Food, 1960s

• FTC found that this ad misled consumers . . . Why?

7
ATT vs. Verizon Wireless

• U.S. District Court for the Northern District of
  Georgia, Atlanta Div.
• ATT requests a TRO against use of the maps

8
ATT Claims

• Consumers interpret the maps as no service
• 3G is not a different kind of service, its just
  faster
• The total experience of the ad leaves the
  impression that ATT service is out of touch
• Mall intercept study
• 53 said ATT has no coverage in blank space
• 30 in control agreed

9
Verizons Responses

• The ads are literally true.
• The ads are not misleading.
• ATTs evidence only addresses one ad.
• ATTs evidence is not valid.
• Survey not limited to Smartphone users
• Questions poorly designed
• Control ad inconsistently designed