Ala. Admin. Code r. 150-X-1-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 150-X-1-.03 - Advertisements

(a) Any advertisements for auction sale must identify the name and license number of the auctioneer and any apprentices who will be conducting the auction business.

(b) Apprentice auctioneers must meet the same requirements and must additionally identify their sponsor's name and state license number.

(c) This rule pertains to any and all advertisements and includes billboards, Internet, television and radio advertisements, etc. Auction companies must include the name and state license number of the principal auctioneer; Internet advertisements for specific auctions with online-bidding must list the name and state license number of the auction company's principal auctioneer.

(d) Auctioneers will be held responsible for all advertising and should take precautions that mistakes do not occur.

(e) False, deceptive, misleading and untruthful advertising is expressly prohibited. Any advertisement or advertising shall be deemed to be false, deceptive, misleading or untruthful, if it:

1. Contains misrepresentations of facts;

2. Is misleading or deceptive because in its content or in the context in which it is presented, it makes only a partial disclosure of relevant facts;

3. Creates false or unjustified exceptions of the services to be performed;

4. Contains any representation or claim which the advertising licensee fails to perform;

5. Advertises an auction as absolute when any portion to be sold is subject to confirmation or with reserve or with minimum bids.

(f) Advertising designed to generate business and let the public know of the availability of an auctioneer's services need not include the auctioneer's name and state license number.

Ala. Admin. Code r. 150-X-1-.03

New Rule: Filed July 12, 1995; effective August 16, 1995. Amended: Filed January 18, 2002; effective February 22, 2002. Amended: Filed July 24, 2007; effective August 28, 2007. Amended: Filed October 4, 2013; effective November 8, 2013.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28,2019, eff. 8/3/2019.

Author: J. 0. Blandenburg

Statutory Authority:Code of Ala. 1975, § 34-4-29.