Iowa Administrative Code › Agency 61 - Attorney General › Chapter 25 - Regulation of Membership Campground Operators › Rule 61-25.5 - Advertising Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibitions.
An advertisement shall not:
a. Make any untrue statement of material fact
			 which would make the statements misleading in light of the circumstances under
			 which the statements were made.
b.
			 Misrepresent either explicitly or implicitly, the size, quantity, identity, or
			 quality of any prize, gift, amount of money, or other item of value.
c. Represent to a consumer that the consumer
			 is being notified for the second or final time of the right to collect a prize,
			 gift, award, or other thing of value in exchange for participating in a sales
			 presentation if, in fact, it is not the second or final attempt to notify the
			 consumer.
d. Refer to a prize,
			 gift, award, or any other type of inducement as being previously claimed or
			 awarded unless, in fact, each of those prizes, gifts, awards, or other type of
			 inducements has been awarded during the same promotional program.
e. Offer a prize, gift, award, or other
			 inducement unless one of each is available at the beginning of the promotional
			 program.
f. Refer to any item as a
			 prize, gift, award, or words of similar meaning if the consumer must purchase
			 anything or give, or promise to give, any consideration, other than visiting
			 the property to claim the item.
g.
			 Offer anything of value unless, contemporaneously with the offer, all expenses
			 the recipient must pay (excluding the cost of travel to the sales presentation)
			 are clearly and conspicuously disclosed on the face of the advertisement and
			 within a reasonable proximity of the offer.
h. Represent that an offered prize, gift,
			 award, or other type of inducement has a certain value or manufacturer's
			 suggested price unless there is, in fact, a bona fide retail market for the
			 item.
i. Represent directly or by
			 implication that the number of participants in an advertising plan has been
			 significantly limited or that any person has been selected to receive a
			 particular prize, gift, money, or other item of value, unless the
			 representation is true.
j. Contain
			 an offer which is represented as urgent, nor shall it convey a sense of urgency
			 by use of description, narrative copy, or phrasing on the envelope unless there
			 is a limited time period in which a recipient must accept the terms of the
			 offer which is clearly stated in the advertisement.
k. Represent directly or by implication that
			 the membership camping contracts are offered without risk or the possibility of
			 loss.
l. Make any statement,
			 representation, or pictorial presentation of proposed improvements or
			 nonexistent scenes without clearly indicating that the improvements are
			 proposed and the scenes do not exist.
m. Misrepresent in any manner the odds of
			 receiving a particular gift, prize, amount of money, or other item of
			 value.
n. Label any offer a notice
			 of termination or notice of cancellation.
o. Misrepresent, in any manner, the offer,
			 plan, or program.