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Why is it legal to use sales and marketing tactics?

New York, NY |

some of these tactics are so manipulative and they just spend all their time learning how to intentionally deceive others.

Attorney Answers 2


  1. We do live in a free country. There is nothing fundamentally wrong with marketing; in fact it does much more good than harm.


  2. The First Amendment freedom of speech gives a lot of leeway to give various sales pitches. Anything short of outright fraud is unlikely to be prohibited, except as to minors. If you have a case of actual fraud you can sue, or actually seek prosecution by a prosecutor. If it falls short of fraud, you probably can do nothing. Matters of opinion (best, tastiest, easy payment plan, etc.) are unlikely to be found to be fraudulent.

    If you only buy things that you yourself seek out, then these sales pitches are unlikely to harm you.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.