Information and Alerts

Ad Review

In July 2022, BBB contacted the business regarding the following advertising concerns:
'"Discount Rate" Price Guarantee' 'Meet or Beat Guarantee'

"Neither surcharging, nor a cash discount is illegal."

"In order to correctly implement the Customer Cash Incentive program, you don't need to change any of your prices - you simply post signage (that we will provide) that states that all transactions now carry a 3.25% customer service charge."

BBB requested the terms and conditions for the guarantees advertised; and updates to the business website and signage indicating a cash discount (which is legally allowed in Florida), rather than a customer service fee (which is not legally allowed in Florida).

To date the business did not respond.

BBB Code of Advertising indicates:
1. Basic Principles of the Code
1.1 The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB.
1.2 Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.
1.3 An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.
1.4 Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.

20. Warranties or Guarantees
20.1 When using the term "warranty" or "guarantee" in product advertising, the advertiser must clearly and conspicuously include a statement that the complete details of the warranty can be seen prior to sale at the advertiser's location, viewed on the advertiser's website or, in the case of mail or telephone order sales, made available free on written request.
20.2 Advertisers should only use "satisfaction guarantee," "money back guarantee," "free trial offer," or similar representations in advertising if the seller or manufacturer refunds the full purchase price of the advertised product or service at the consumer's request.
20.3 When "satisfaction guarantee" or similar representations are used in advertising, any material limitations or conditions that apply to the guarantee must be clearly and conspicuously disclosed.
20.4 When advertising "lifetime" warranties or guarantees or similar representations, the advertisement must clearly and conspicuously disclose its intended meaning of the term "lifetime."
20.5 Sellers or manufacturers should advertise that a product or service is warranted or guaranteed only if the seller or manufacturer promptly and fully performs its obligations under the warranty or guarantee.

The 2021 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 501
CONSUMER PROTECTION
View Entire Chapter
501.0117Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.--
(1)A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional amount imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed pursuant to approved state or federal tariffs are not considered to be a surcharge, and charges made under such tariffs are exempt from this section. A convenience fee imposed upon a student or family paying tuition, fees, or other student account charges by credit card to a William L. Boyd, IV, 1Effective Access to Student Education grant eligible institution, as defined in s. 1009.89, or to a private school, as defined in s. 1002.01, is not considered to be a surcharge and is exempt from this section if the amount of the convenience fee does not exceed the total cost charged by the credit card company to the institution. The term "credit card" includes those cards for which unpaid balances are payable on demand. This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, if the discount is offered to all prospective customers.
(2)A person who violates the provisions of subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.--ss. 1, 2, ch. 87-43; s. 3, ch. 2010-219; s. 1, ch. 2016-53; s. 25, ch. 2018-4.
1Note.--Section 25, ch. 2018-4, directs the Division of Law Revision and Information "to substitute the term 'Effective Access to Student Education Grant Program' for 'Florida Resident Access Grant Program' and the term 'Effective Access to Student Education grant' for 'Florida resident access grant' wherever those terms appear in the Florida Statutes."