3 AAC 20.140. General standards

All advertising methods and materials must be approved by the department before they can be used or disseminated. The following standards are not all-inclusive for the department in evaluating advertising to determine whether it is false, deceptive, or misleading and fails to make full and fair disclosure within the intent of the Act and this chapter.

(1) Claims and representations contained in advertising shall be accurate and provable.

(2) Advertising may not misrepresent facts or create misleading impressions.

(3) Advertising may not contain an untrue statement or a statement which implies an untruth.

(4) Advertising may not make a derogatory or unfair reference to competitive developments, subdivisions, or properties.

(5) Advertising may not reprint published material unless information contained in the reprint is representative, truthful, relevant, and pertinent to the property being offered.

(6) Advertising may not contain a statement, photograph or sketch portraying the use to which land can be put unless the land can be put to that use at a reasonable cost.

(7) Advertising may not contain an asterisk or any other reference symbol as a means of contradicting or substantially changing a previously made statement or as a means of obscuring a material fact.

(8) Advertising may not use a name which implies that the advertiser is a nonprofit research organization or public bureau or group, when it is not true. Advertising by this type of organization is prohibited when the true nature of the plan of sale is misrepresented or concealed.

(9) Maps, plats, or other representations must clearly indicate the estimated date that the development will be completed.

History: Eff. 4/3/76, Register 58

Authority: AS 34.55.010 (a)

AS 34.55.020

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