Week 4 Regulating Commercial Speech Discussion

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Yhan47

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I need a discussion post for the following instructions. I also need two reply posts for two students. I have attached the students' posts as well. Please respond in discussion format, so as to add to the conversation. It just needs to be at least 100 words and, in a style, similar to the example I attached in the instructions. It's like a conversation kind of reply, but also adding to what the students post is about.

Week Four Discussion: Regulating Commercial Speech

Discussion Board Overview

  • Examine the hypothetical scenario below, and craft one initial postand at least two response posts

Discussion Board Goals

  • To understand the effect governmental regulations and agencies have on the communications industry
  • To explore how the FTC regulates commercial speech

Instructions

Initial post (at least 400 words):

Examine the hypothetical below, and craft an initial post. Upload your post to the Week Four Discussion Board on FSO.

You are the public relations (PR) representative for a video game company. The advertising department is creating a television ad about a video game that is launching, and you have been asked to write additional PR material related to the launch. The new video game, “Smack the Slug,” claims to improve the reaction time of children by 200%. You know that no formal studies have been done, and that the information was based on testimonials. Nevertheless, your boss has asked you to include this claim in your material.

  • How does the FTC define deceptive advertising?
  • Do you have any concerns about including the claim in your PR material? How will you respond to your boss?
  • If the FTC decides an ad is deceptive, what penalties can it impose?
  • How might an ad agency, PR firm, or website designer be held liable for any deception?

Response post (at least 100 words per response):

Review the Discussion Board Rubric, and respond to at least two of your classmates’ posts, using the RISE model as your guide – Reflect, Inquire, Suggest, and Elevate.

Discussion Due Dates and Guidelines

  • Initial post must be at least 400 words
  • Response post must be at least 100 words per response
  • Any outside sources must be properly cited
  • Check for spelling and grammar errors before uploading your posts

Unformatted Attachment Preview

Week Four Discussion: Regulating Commercial Speech Discussion Board Overview • Examine the hypothetical scenario below, and craft one initial post and at least two response posts Discussion Board Goals • To understand the effect governmental regulations and agencies have on the communications industry • To explore how the FTC regulates commercial speech Instructions Initial post (at least 400 words): Examine the hypothetical below, and craft an initial post. Upload your post to the Week Four Discussion Board on FSO. You are the public relations (PR) representative for a video game company. The advertising department is creating a television ad about a video game that is launching, and you have been asked to write additional PR material related to the launch. The new video game, “Smack the Slug,” claims to improve the reaction time of children by 200%. You know that no formal studies have been done, and that the information was based on testimonials. Nevertheless, your boss has asked you to include this claim in your material. • • • • How does the FTC define deceptive advertising? Do you have any concerns about including the claim in your PR material? How will you respond to your boss? If the FTC decides an ad is deceptive, what penalties can it impose? How might an ad agency, PR firm, or website designer be held liable for any deception? Response post (at least 100 words per response): Review the Discussion Board Rubric, and respond to at least two of your classmates’ posts, using the RISE model as your guide – Reflect, Inquire, Suggest, and Elevate. Discussion Due Dates and Guidelines • • • • Initial post must be at least 400 words Response post must be at least 100 words per response Any outside sources must be properly cited Check for spelling and grammar errors before uploading your posts Student Response Example: Please respond in discussion format, so as to add to the conversation. It just needs to be at least 100 words and, in a style, similar to the example I posted below. It's like a conversation kind of reply, but also adding to what the students post is about. This is an example from another student for a case on defamation. It is just an example of about how the reply should go. I have attached the RISE feedback chart for reference as well. The discussion post for this week is quite interesting. The case between Elon Musk and Vernon involves serious accusations by the former on the latter, which are not substantiated. Elon Musk is one of the most innovative leaders in the world, but he acts like a conceited person in this case. The fact that he accuses Vernon without any proof because he criticized his rescue plan is proof of his unprofessional character. He apologizes after posting the tweet, but it does not mean that it is okay to go on accusing another individual without any proof. He needs to work on his social skills in addition to his entrepreneurial wit. Good work on the post. Overall, I enjoyed reading and analyzing the story. Another fascinating story that involves Musk is How to Avoid Horrific Musk-Like Employee Reviews. Student 1: Venisia Gonzalez How does the FTC define deceptive advertising? The FTC defines deception as a representation, whether written or oral, that is likely to mislead the consumer. • Point of view of the “reasonable consumer.” Focusing on the ad in its context (phrases, words, and/or pictures) determining the message sent to the audience (FTC, 2019). • An express claim is made in the ad of what a product can do. An implied claim is made indirectly or by conjecture of what a product will do. Under the law, advertisers must have proof to back up any claims taken from an ad (FTC, 2019). Failure to include information leaving a consumer with a misconception of a product (FTC, 2019). The claim is absolute to a consumer's decision to buy or use the product. Examples of this fall under product performance, effectiveness, safety, or price (FTC, 2019). The advertiser has adequate evidence to support claims made in the ad. The law requires that advertisers have proof before publishing the ad (FTC, 2019). • • • Do you have any concerns about including the claim in your PR material? How will you respond to your boss? I would point out to my boss that the claim falls under deceptive practicing which violates sections 5, 12, and 15 of the FTC Act. We would discuss omitting the claim altogether. If that did not work, in order to include the claim, a clear disclosure would be necessary to avoid a potential claim against our company. The claim would state “customer testimony” with a disclosure stating it is not verified ensuring protection against any liability. In this direction, I could include quotes from customer testimonies that were sent into our customer service department and negate their names for privacy. If the FTC decides an ad is deceptive, what penalties can it impose? • • • Consent decree: promise to stop the ad and reimburse the consumers mislead by the ad Corrective decree: enforce a company to correct the ad and to inform the public the ad was misleading Affirmative Disclosure: provide consumers with the pros and cons of a product in the ad How might an ad agency, PR firm, or website designer be held liable for any deception? • • The FTC determines if the ad agency, PR firm or website designer knew or should have known that the ad was deceptive The FTC determines the nature of the agency, firm or designer’s participation in the creation of the ad References FTC. (2019, March 26). Advertising FAQ's: A Guide for Small Business. Retrieved from https://www.ftc.gov/tips-advice/business-center/guidance/advertising-faqs-guide-small-business Student 2: Shanti Texeira “Section 5 of the FTC Act declares unfair or deceptive acts or practices unlawful” ("Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices", 2019). “Section 12 specifically prohibits false ads likely to induce the purchase of food, drugs, devices or cosmetics. Section 15 defines a false ad for purposes of Section” ("FEDERAL TRADE COMMISSION ACT", 2019). How does the FTC define deceptive advertising? There are common elements in all deception cases, they are as follows: 1. There must be representation, omission or practice to mislead the consumer, including but not limited to procedures that are deceptive be it misleading oral or written, the sales of defective items with no disclosure and deceptive pyramid schemes, not performing the services promised"FTC Policy Statement on Deception", 2019). 2. Examination reasonableness in the person or group in question. All facets of the situation are examined including the verbiage utilized so that intent can be established, and it can be ascertained that there are no misunderstandings. That the omission (of facts), representation (of a product) or practice (service) is a material one. (Material meaning that the deceptive practice is one which is likely to affect a consumer's choice of or conduct regarding a product) "FTC Policy Statement on Deception", 2019). 3. Was this intended to deceive the customer? Will the misleading verbiage sway the consumer’s decision leading them to procure a product or service because if the consumer was likely to chosen differently then consumer injury is expected ("FTC Policy Statement on Deception", 2019). o Interestingly enough, the FTC in recent news increased the maximum dollar amount from 16,000 to 40,000, and it applies to all affected violations and although the FTC cannot assess civil penalties it can authorize a federal court to assess them ("FTC Attorney | Penalties for Conviction of FTC Violations", 2019), because technically the FTC is a civil law enforcement agency and if there are criminal law violations they do inform criminal prosecutors. The FTC and federal courts look at the culpability degree, whether or not the business has done this before, the impact it will have on continuing business and last but not least, their ability to pay the fine in order to ascertain the amount they will ask for when imposing("FTC Attorney | Penalties for Conviction of FTC Violations", 2019). • Do you have any concerns about including the claim in your PR material? How will you respond to your boss? o Yes, my concerns would be about the wording of the PR material, but I would write it in such a way that’s honest and submit it and discuss his potential objections at that time. For example: “The powerful testimonials are in, according to the parents • • who have taken our survey’s, “Smack the Smug” appears to have improved the reaction time of their children by 200%. (Results not guaranteed). If the FTC decides an ad is deceptive, what penalties can it impose? How might an ad agency, PR firm, or website designer be held liable for any deception? o Under the law, (all) claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based ("Advertising and Marketing", 2019) and could have actions filed in federal district court for prompt and permanent cease and desist orders that would prevent future scams… the FTC could also freeze assets. o In the case of a website designer, the law is inclusive because the internet is considered a marketing medium("Advertising and Marketing", 2019). References: Advertising and Marketing. (2019). Retrieved 30 July 2019, from https://www.ftc.gov/tipsadvice/business-center/advertising-and-marketing FEDERAL TRADE COMMISSION ACT. (2019). Retrieved 30 July 2019, from https://legcounsel.house.gov/Comps/Federal%20Trade%20Commission%20Act.pdf Federal Trade Commission Act Section 5: Unfair or Deceptive Acts or Practices. (2019). Retrieved 30 July 2019, from https://www.federalreserve.gov/boarddocs/supmanual/cch/ftca.pdf FTC aids criminal prosecutions. (2019). Retrieved 30 July 2019, from https://www.consumer.ftc.gov/blog/2018/06/ftc-aids-criminal-prosecutions FTC Attorney | Penalties for Conviction of FTC Violations. (2019). Retrieved 30 July 2019, from https://www.gordonlawltd.com/penalties-ftc-violations/ FTC Policy Statement on Deception. (2019). Retrieved 30 July 2019, from https://www.ftc.gov/system/files/documents/public_statements/410531/831014deceptionstmt. pdf ELEVATE Raise to a higher degree or purpose in FUTURE iterations EXAMPLE STEMS: RISE MODEL CREATING Perhaps you can expand this in X capacity to further address Y. Perhaps you can re-purpose X as Y for Z. EVALUATING SUGGEST Introduce ideas for improvement of CURRENT iteration EXAMPLE STEMS: ANALYZING You might consider tweaking X for Y effect. You might want to include supporting information from X resource. The RISE Model for Peer Feedback is a tool that structures and facilitates the giving and receiving of meaningful critiques. INQUIRE APPLYING Seek information and provide ideas through questioning By addressing a series of stems aligned with Bloom's Taxonomy, students are prompted to use higher order thinking skills in the delivery of constructive feedback to their peers. UNDERSTANDING EXAMPLE STEMS: Have you considered looking at X from Y perspective? When you said X, am I understanding you to mean Y? Visit www.RISEModel.com for licensing and implementation information. REFLECT Recall, ponder, and articulate REMEMBERING EXAMPLE STEMS: I relate/concur/disagree with X because Y. I liked what you did with X because Y. © 2011 Emily Wray | All Rights Reserved
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Explanation & Answer

Attached.

Discussion Post
How does the FTC define deceptive advertising?
Deceptive or false advertising is formally defined by the FTC (Federal Trade Commission) as an
omission, representation or practice which is likely to deceive the consumer, including any
practices that are defined as deceptive or misleading (Federal Trade Commission, 2019).
According to the FTC Act,




Advertisements should be truthful.
Advertisers must have evidence to support their claims.
Advertisements should be fair (Federal Trade Commission, 2019).

Any advertisements that go against these three basic rules, are held to be deceptive. The four
types of deceptive advertising include using the bait and switch method, misleading claims,
ambiguous photography and hidden fees.
Do you have any concerns about including the claim in your PR material? How will you
respond to your boss?
The boss in this case wants me to include a statement that is not substantiated, and i...

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