Defines the terms related to advertising, including misleading and comparative advertising, and identifies the advertiser.
Definition
Excerpt
- For the purposes of this Section:
- advertising: means the making of a representation in any form in connection with a trade, business, craft or profession in order to promote the sale of movable or immovable property, the establishment or transfer of rights and obligations over said property or the provision of works or services;
- misleading advertising: means any advertising which in any way, including its presentation, is liable to deceive the natural or legal persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, may affect their economic behaviour or which, for such reasons, is liable to injure a competitor;
- comparative advertising: means any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor;
- advertiser: means the principal commissioning the advertising message and its author, and, where such persons cannot be identified, the owner of the means by which the advertising message is spread or the person in charge of the radio or television programming
Related cases
EasyJet was held liable for inadequate travel insurance policy transparency and creating obstacles for refunds during online ticket purchases. Consumers were not given essential information to make an informed choice regarding insurance policies.
Ryanair was held liable for not providing adequate information or giving misleading information to consumers acquiring the insurance policy covering the risk of travel cancellation.
The Italian Competition Authority found that "Edates" made it challenging for consumers to cancel subscriptions, sent frequent payment reminders, and made unauthorized credit card withdrawals, violating consumer rights.
Related deceptive patterns
The user is unknowingly enrolled in a recurring subscription or payment plan without clear disclosure or their explicit consent.
The user finds it easy to sign up or subscribe, but when they want to cancel they find it very hard.