Would It Be Better If Proof of Actual Deception Was

question 97

Essay

Would it be better if proof of actual deception was required in order to prove a "false and deceptive" advertising claim under Section 5 of the Federal Trade Commission Act? Is it unfair to penalize advertisers when no actual deception can be shown?

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Definitions:

Real Estate

Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water.

Judgment Debtor

An individual or entity ordered by a court to pay a sum of money to another as a result of a legal judgment.

Creditor

An individual or institution to whom money is owed by a debtor.

Guarantor

A person or entity that agrees to be responsible for another's debt or performance under a contract if the original party fails to meet their obligations.