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What I Can and Cannot Say in a Television Commercial

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  • 07-07-2008, 09:36 PM
    EricZ123
    What I Can and Cannot Say in a Television Commercial
    My question involves a consumer law issue in the State of: Florida

    I really need some advice on what i am not allowed to say with regards to a potential investment in collectible coins that i am attempting to retail on a TV commercial..

    I am selling some very controversial error coins, and in order to educate the consumer about them i need to make comparisons to historically profitable error coins. and then try to convince them that my coins are worth the retail price i am asking because they should grow a great deal in value in years to come based on historical precedents... i want to be very careful, because i know anything involving investments and this type of thing you have to watch what you say.. for instance if i made predictions or promises about the coins appreciation or future performance i would be in deep trouble with the FTC or whoever governs this sort of thing..

    well this is my first commercial and my producer is arguing with me over the script because he thinks its safe, and i do not.. and its not his head on the block if it goes wrong.. he wants to use terms like , this coin is going to go crazy, grab your investment now while you still can.. and..YOU CANT LOSE.. well , i think he may be less than experienced where this sort of thing is concerned.. I also want to set up some protection for my family and business by incorporating or at least making an llc. any advice will be greatly appreciated ! and i dont expect it to be binding, just looking for the benefit of a lawyer or individual more experienced in these matters than me.

    Thanks
  • 07-08-2008, 03:03 AM
    BOR
    Re: What I Can and Cannot Say in a Television Commercial
    Your lawyer/agent can advise on a disclaimer about the "investment" risks of coins, and the surge/decline in market value, collector value, etc., based on already published coins books/journals.

    Quote:

    he wants to use terms like , this coin is going to go crazy, grab your investment now while you still can.. and..YOU CANT LOSE.. well , i think he may be less than experienced where this sort of thing is concerned
    "Puffing" or "puffery" of a product, while some courts, if memory serves me right, have addressed this issue, are in basic agreement, such terminology speaks for itself and implies no guarantees and is a part of promoting a product.

    As long as the puffing is not so outrageous a reasonable person would feel he or she can't miss, if you know what I am saying here??

    It is always wise to consult an attorney who specializes in business law to start out.
  • 07-08-2008, 07:56 AM
    cyjeff
    Re: What I Can and Cannot Say in a Television Commercial
    I agree wholeheartedly about the necessity of an attorney's wisdom on this issue.

    What I have seen done to great effect is the listing of some similar products and their value as investments....

    Say something like "in 1932, a stamp misprinted with an upside down airplane was considered almost worthless... in 2001 this same stamp sold for $X Bazillion dollars. While I cannot guarantee a similar return on any investment, I can offer you the possibility to buy a ....."

    Type of thing. And I didn't google the upside down airplane stamp, so I KNOW I am wrong on the dates and such... but you get the idea...
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