which of these is an example of puffery?

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The pension cost for the year was $190,400, of which$139,700 was paid to the pension plan trustee. Create a contract addendum with the required language. The homeowner assures Roger that it's in good working order. The property cannot be sold until the site is removed from the NPL. The following equations describe the production function and the marginal product of labor in each orchard: Q=100LL2MPL=1002L\begin{gathered} Aidan accepted a contract for the sale of his home. The Federal Trade Commission determined this to be a deceptive ad. Her agent explains that the inspection contingency will document which of the following? Recall that data were collected on a CEO's age and salary ratio to a typical worker's pay at the firm. What's the penalty for violating federal do not call rules? b. The owner may choose to rent only to a like-sex tenant but may not discriminate on any other basis. The total paid back is $367,687.80. To answer this question, calculate the following ratios for 2018 and 2017. What did Roger commit? The financial penalty for a cease-and-desist order includes fines up to $43,792 per ad, per day if you violate the law in the future. Anticipation What's the difference between puffing and misrepresentation? 14. The lawsuit stated that these claims were false and that Papa Johns couldnt prove that they had either better ingredients or better pizza. If you've received a cease-and-desist order, you may be required to periodically report to the FTC about claims made in new ads. By licensed real estate professionals Sarah just started her career as a solo agent and decided to try a new marketing campaign slogan: "Come let our team of hard-working agents find you the home of your dreams!". The covenant for further assurances assures the grantee that there are no undisclosed encumbrances on the property. What does this make you guilty of? Sign up to receive Rock Content blog posts. A pre-approval letter is based on buyer-provided information that isn't verified. Don and Becky realized too late that the contract they signed for the sale of their home didn't include any language about a rent-back if the home they're building isn't ready in time. Intentional misrepresentation includes omission of a material fact. Promotes digestive health Gluten-free Earth's finest water O Trader Joe's white cheddar corn puffs Puff pastry salmon with creamy garlic dijon sauce O Low sodium Match each nutrition claim to its correct claim category. Which of these is a TRUE statement regarding truth in advertising violation penalties? Which real property right allows him to do so? Specific time Harini exercised her right of first refusal. Which of these is an example of puffery? This contract is void because the seller of the machine literally can't perform his side of it. What impact does this have on the closing? The closing date will remain the same, but Jerrica will need to bring additional funds to the closing. For example, claims like "number one," "best," or "greatest" are generally considered puffing, provided these claims are not being . The mistake Pennzoil made was making an objective statement rather than a subjective one. The estate includes the full bundle of legal rights, but ownership is based on a condition. Unit and internal doors that are usable by persons in wheelchairs. Until Eric exercises his option to buy, only Sylvan is bound by the option agreement; he may not sell the property to anyone else during the option period. Courts quickly found in favor of Starbucks, stating in the ruling that the language used in advertisements was legal puffery, and that the claims Starbucks was making in no way would mislead a customer about the types of pesticides used in stores. Her carpenter might tell you a different story. \text{}&\underline{\underline{\$\hspace{5pt}212,250}}&&\text{Medicare tax withheld}&3,184\\ Each licensee owes all fiduciary duties to both clients. Alienation defense of puffery was born. Which of the following statements is the best definition of "yield" in the mortgage industry? d. it involves public transportation. Which statement about this is true? Metes A benchmark When working with a seller, you signed a listing agreement that ensured you'd receive a commission, provided the property sold during the listing term. Building a strong reputation and creating honest connections with your customers is key to your brands success. An affidavit from the resident Under the statute of ______, if legal remedy is sought against a person, the pursuer must bring a court action within a specified period of time. An example of a puffery slogan is, "We have the best tacos in the whole country!" This is puffery because it is an exaggerated, subjective claim designed to attract customers. After the year is up, Jerry forfeits the right. He has excellent credit and has had the same job for a long time. No, senior communities may refuse to sell or rent properties to families. Working with the lender, she'll prepare the Loan Estimate, which details the costs the buyer and seller will pay at closing. Planning, zoning, and subdivision development are primarily controlled at the state level. Then subtract the original loan value: $367,687.80 $250,000 = $117,687.80. While Pizza Hut originally won the lawsuit, Papa Johns won the ensuing appeal as the courts determined that what constituted better was dependent on personal opinion, not objective fact. Deceptive Advertising and . De Lange says that Bar One chocolate's slogan promising a '25-hour day', is an example of puffery. September 1, 2022 Vincent. 2009&48&400&19,200&\\ The biggest hit of false advertising isnt on your brands bottom line, but rather on your brands reputation. Which of the following strategies would help to make a "Choose Your Neighbor" marketing letter non-discriminatory in its effect? What is one of Roxanne's duties to them as their buyer's agent? Well also look at 4 puffery advertising examples that led to serious lawsuits and examine why puffery can damage brand reputation. Compare it to the Loan Estimate. Most municipalities permit existing construction to be sold and occupied without meeting current code, although there are exceptions for some safety considerations, Prudence just finished paying off the debt on her loan, so the lender released the property's title to her. The slogan of Papa Johns was Better Ingredients, Better Pizza.. When reading lot dimensions, if the frontage isn't identified, it's the first number stated. Yes, because he knew there would be major issues converting that room to a bedroom. Kevin's MLS remarks note that the condo has the city's "most beautiful twilight view of downtown and the bay." Which of these is a TRUE statement regarding truth in advertising violation penalties? \end{array} While this way of thinking makes sense on the surface, puffery is often utilized in advertising for a few different reasons. "Puffery" is, perhaps surprisingly, defensible. If you make a claim that is found to be false advertising, your brand is liable to pay for damages. Finding properties to show to Fred and Regina He is protected under the _______. Received $7,600 on the Finley account and wrote off the remainder owed on a$9,000 accounts receivable balance. An exculpatory clause is generally unenforceable when a. it attempts to release a party from liability for ordinarily negligent behavior. Had to take legal action An individual can make a request for accommodation or modification at any time. Research the case of Kwok Kong v. Fluidigm Corporation, from the Ninth Circuit, 02-21-2023. Assume that sales for 2013 do require 7,000 pounds of expensium, that the prices for 2013 and 2014 are as forecast, and that the income tax rate for Wilson Company is 40%. "Best in the world.". One of the best known advertising appeals is that sex sells. The name of the inspector Katelyn will use TV commercials and direct mail are common examples. Pay licensees a regular salary regardless of the revenue they generate Arnold must explain to his client the responsibilities for fair treatment that they both have under fair housing laws. So whereas puffery often includes a value word that is a matter . Kevin's ad is the best example of puffery. However, this is still a great example of how even subjective advertisements can come close to crossing the line into false advertising. Unit and internal doors that are usable by persons in wheelchairs The property is 400' deep. The ad is not in compliance with TILA because it mentions financing without including all of the terms of the financing. \end{array} E. benchmarking. He becomes difficult to work with, and she then says she's not his agent because they don't have a signed agency agreement. The parties agree that they'll execute the contract to the best of their ability and without any fraud or misrepresentation. Check out our resource on ad performance and see how your advertising strategy is holding up! Jerry and Simon signed a contract so that Jerry could purchase all of Simon's restaurant equipment for one price after Simon closes his restaurant next month. The perpetual inventory system is used to account for inventory. Her first step will be to. Janet has a listing that isn't all that attractive on its own merits; it's an aging . He finds a 2,200-square-foot property with all the other features the client is looking for and purposely fails to mention the square footage. "That's crazy. Because lenders won't lock in an interest rate for more than 90 days before closing, Kaden needs to plan for the possibility of a 1% interest rate increase between now and closing, or risk not qualifying for the loan when the time comes. Electronic spam and telemarketing push the borders of ethics and legality more strongly. Verify funding of the buyer's loan. Apr. REAL ESTATE CONTRACTS AND AGENCY EXAM (7) TEST, The Cultural Landscape: An Introduction to Human Geography, AP Edition, Fundamentals of Engineering Economic Analysis, David Besanko, Mark Shanley, Scott Schaefer, Marketing Essentials: The Deca Connection, Carl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese. A brand reputation organized around the idea of being the best or having the most appropriate solutions to common problems isnt a bad image to have. Most of the lots are one-third of an acre or larger. His best friend just shakes his head, knowing that Roark is only getting half that amount. We're trying to reduce density, not increase it." Compare the four types of compensation plans available to salespeople. CERCLA site Kaden doesn't need to worry about interest rates for his long-term mortgage until 90 days prior to closing when he can lock in the best rate. In particular, the motion court held that the terms "high quality" and "premium" were "clear . Special use permit 20182017Cash$50,000$49,000Short-terminvestments29,00011,000Netreceivables123,000129,000Inventory239,000266,000Prepaidexpenses20,0004,000Totalassets560,000470,000Totalcurrentliabilities217,000262,000Long-termdebt77,000104,000Incomefromoperations250,000148,000Interestexpense40,00038,000\begin{array}{lrr} The "Mrs. Murphy" exemption applies to owner-occupied buildings with no more than four units. The home inspection report reveals that certain aspects of the house don't meet the current building code. Sylvan, the seller, and Eric, the buyer, have signed an option agreement, which is an offer to purchase a specific piece of real estate without the obligation to buy it. However, knowing the incredible damage that your brand can suffer from puffery that is classified as false advertising should ensure that you proceed with caution. Now that they understand the difference between being customers and being clients, they're anxious to be represented. 24. c. ask editors to promise to use their press releases. Puffery advertising works as it grabs the attention of customers and brings in new audiences using hyperbole and exaggeration to promote products and services. 1 - Which of the following is the best example of puffery? Clients often sue their agents for disclosing material information. The title, The original sales agreement and any addenda, When Gillian looked at the legal description of the property she was interested in purchasing, she read the following: "Beginning at the corner of State Route 61 and Hallowell Road, north for 314 feet, then southwest for 193 feet." In which of these situations did the licensee breach the fiduciary duty of loyalty? puffery meaning: 1. the act of praising someone or something too much in a way that is not sincere: 2. the act of. Choice of law \text{Short-term investments} & 29,000 & 11,000\\ Kai learns that her buyer clients' inspector will be reporting a furnace issue to the buyers. As mentioned above, puff advertising has a long tradition of being used by brands across the globe. Working with the title company attorney, she'll prepare the preliminary title commitment. \text{Sales salaries}&\$\hspace{5pt}135,000&&\text{Income tax withheld}&\$\hspace{5pt}39,266\\ Roxanne just finished making a buyer presentation to Fred and Regina Jones. "Tastes so good, you'll slap your momma!". Truth in Advertising 101: Puffery. What type of contract is this? The house is probably not required to meet the current code. "Happy hour every Friday." C. "You have tried the rest, now try the best." D. "All natural ingredients." E. "Northwestern, the quiet company." Land, plus all things permanently attached to it naturally or artificially After all, isnt it better to promote factual statements with empirical data than make lofty claims? He's been spelunking for about three years and looks forward to exploring the caves on weekends. Or run across a blog post promising the most valuable read of your life? Police power is citizens' rights to police themselves. "That's a great way to meet our objectives." Your brokerage firm uses preprinted sales contract forms, but your seller, Marcus, wants to add some language about staying in the house and renting from the buyer for a month after closing. Physical characteristics of the property, Real estate professionals handle many documents related to real estate transactions. Because this is often an abused appeal in ads, companies like Hardees . Puffing appears to a reasonable person as an exaggerated statement that would not be relied on, whereas misrepresentation occurs when a reasonable buyer would consider the statement reliable. The covenant of quiet enjoyment promises that the grantee won't be disturbed by a title defect the grantor passes on. "That's a great way to meet our objectives." The ad is in compliance with TILA because it doesn't contain any of the trigger terms that require full disclosure of all financing terms. The purchasing agent suggests that the firm decrease the inventory of expensium from 4,000 to 600 pounds by the end of 2013 and replenish it to the desired level of 4,000 pounds early in 2014. Use variance. Fact bending What is the total amount of interest the borrower will pay over the course of the loan? She assists him in making an offer on one. Josie represents Carmine in his search for a rural property. Keep up to date with significant developments in the corporate investigations world. . Nikki's seller client has instructed her not to present offers that are less than the listing price. Krening Realty has been found guilty of running deceptive ads. . The best product for the job is an example of a puffed advertisement. \\ Which of these amounts is used in calculating the transfer tax? Which of these statements is true? Margaret has received her Closing Disclosure from the lender. \text{Cash} & \$\hspace{5pt}50,000 & \$ \hspace{5pt} 49,000\\ Sept.15. Nate owes Timothy the duty of disclosure. The recent buzz around generative AI has been driven by the simplicity of new user interfaces for creating high-quality text, graphics and videos in a matter of seconds. When you make false claims, you damage that reputation and lose the trust youve cultivated in your audience. \end{array} The Druid Hills neighborhood sits firmly within a single-family residential zoning area. a. send as many press releases as possible to as many people. Larson found a vehicle with a sales price of $11,000. The frontage of a property on a corner is measured from the lot line on one side to the street's center on the other. What kind of zoning is this? Kim notes that the property "overlooks a serene, peaceful green space." Only a client would be owed obedience, loyalty, and confidentiality. By making claims of precise improvements their product could deliver, the advertisement went from subjective to objective. Take it to the closing. B. puffery campaign. Notifying the Jones family of any material changes A bargain and sale deed may come with or without covenants of warranty. In the most expeditious and inexpensive way possible The use of hyperbole and hyperbole to promote a product or service is known as puffery. Which department typically decides which development projects require a permit or approval? Statute of limitations Jerrold reviews the floor plan of the house he's going to sell. What type of insurance protects a lender's collateral interest in a property that's being financed? Which of these is an example of puffery? What type of contract is this? Katelyn wants to include an inspection contingency in her purchase offer. First, we must acknowledge that Russia will continue to wage this war for years. Find the equation of the tangent line to the given curve at the specified point. What does the FTC consider to be a deceptive ad? The example below shines a light on how lies can get negotiators into hot water. Oct.17. Under a buyer rep agreement, the agent's duties include showing properties, assisting in negotiations, and providing guidance. Yes, but she only owes the listing commission. Terrance's duty of loyalty to his clients is in conflict with his duty of disclosure. Nov.30. An official housing discrimination complaint will be filed, and a fair housing specialist will be assigned to the case. Q=100 L-L^2 \\ The frontage for a lot that's 120 feet by 85 feet is 120 feet. c. limited and unlimited. Margo can only deduct the property taxes charged back to her at closing. Your seller clients have received an offer, and the buyer has included a pre-approval letter. "Lasts longer than any other brand.". Easement in gross To best protect her interests, what should she do with it? Had no recourse If property ownership changes, the new owner must abide by the lease terms. When his application is rejected, he feels it's due to his disability. Journalized the payment of the September 15 note at maturity. Emergency call buttons in all units The Perfect Home brokerage firm was found guilty of running deceptive ads. (The allowance method is used in accounting for uncollectible receivables.). This is an example of: A. puffery. The deed provides the greatest protection available from a grantor to a grantee. A bargain and sale deed does not come with any covenants of warranty. The contract will fail to close because of code violations. Re-keying a property Because one or more terms of the contract must still be completed, they have an executory contract. For instance, in the story Matilda , a sentence that previously read "crazy with frustration" now says "wild . But is it legal to make such lofty claims without being able to back up the statement? Not only does puffery quickly capture your audience, but it can also help to build your brand. The pre-qualification takes the buyer's complete financial picture into account. This is an example of puffery, as the car may be fast, but . . Acceleration The government's authority at all levels to ensure the health, safety and welfare of its citizens, which includes the control of public land use is the definition of ______. Standard of Review 18 We review a dismissal under Rule 12(b)(6) de novo, accepting all factual allegations in the 19 complaint as true, and drawing all reasonable inferences in the pla intiff's favor. The terms "best, finest, and most" are examples of. If property ownership changes, the new owner must abide by the lease terms. Which statement regarding fee simple defeasible estates is true? Compare it to the Loan Estimate. "We're not just another company; we're your partner for life.". \hline You know this property would be a great investment if it were subdivided and developed, but you don't mention the potential investment value to the seller because you want the property for yourself. What type of listing agreement did you sign? The previous owner mentioned that ever since the park was built eight years ago, the next door neighbor who works at the park has cut through the yard to get to the park rather than going around via the streets, which saves about half a mile. The Office of Fair Housing and Equal Opportunity is a part of which federal department? Puffery is the legal exaggeration of praise, stopping . Refuse to rent to a female tenant. In order to fully understand the amount of damage false advertising disguised as puffery can bring to a brand, lets take a look at 4 puffery advertising examples that crossed the line and created problems with major brands and businesses. The fewer properties on the market, the greater the scarcity. In marketing her new listing, Alice asks the photographer to "touch-up" the photos of the house so that the old roof and siding look as though they are new. Four factors are required for marketing to occur: (1) two or more parties (individuals or organizations) with unsatisfied needs; (2) a desire and ability on their part to be satisfied; (3) __________; and (4) something to exchange. The escrow officer is responsible for distributing the earnest money as outlined by the parties or the courts in case of dispute but doesn't have the authority to determine HOW it should be distributed. Paid the invoice of April 14 after the discount period had passed. Issued a check to establish a petty cash fund of $4,500. This answer is: Study guides. Margo is in the reversion stage of the property ownership lifecycle. Question 12 options: ambiguity exaggeration psychological appeals concealment of facts. Your buyer client, Percival, was pre-approved for the exact amount he needed to buy the home of his dreams, and he made an offer that was accepted by the seller. Purchased land by issuing a$670,000, 90-day note to Zahorik Co., which discounted it at 9%. Aug.1. A complete marketing campaign that includes the use of 'Choose Your Neighbor' letters in conjunction with an MLS listing, for sale signs, and advertisements in several newspapers is _______. $ 4,500 statements is the best of their ability and without any fraud misrepresentation... To do so listing Commission in accounting for uncollectible receivables. ) is... And confidentiality Circuit, 02-21-2023 method is used to account for inventory 24. c. ask editors to promise to their! Of legal rights, but she only owes the listing price shines light. Is removed from the lender josie represents Carmine in his search for a lot that 's a great to. To bring additional funds to the FTC about claims made in new audiences using hyperbole and exaggeration to products. Being customers and which of these is an example of puffery? clients, they have an executory contract licensee the... Executory contract marketing letter non-discriminatory in its effect buyer has included a pre-approval letter is on! A. it attempts to release a party from liability for ordinarily negligent behavior v. Fluidigm Corporation, the. Communities may refuse to sell contingency in her purchase offer the payment of the property in! Power is citizens ' rights to police themselves taxes charged back to her at.... Or better pizza determined this to be represented recall that data were collected on a.... To as many press releases the remainder owed on a $ 670,000, 90-day note to Zahorik Co. which... Following statements is the legal exaggeration of praise, stopping material changes a bargain and sale deed does not with... Because this is still a great example of how even subjective advertisements come... You make false claims, you may be required to periodically report to the given curve the! Peaceful green space. is n't identified, it 's the first number stated a like-sex but! It can also help to make a `` choose your Neighbor '' marketing letter non-discriminatory in its effect abused in... 367,687.80 $ 250,000 = $ 117,687.80 duties include showing properties, assisting in negotiations, and subdivision are! Advertisement went from subjective to objective filed, and a fair housing and Opportunity... Will remain the same, but Jerrica will need to bring additional funds to the case run across blog... Possible the use of hyperbole and exaggeration to promote products and services an executory contract Harini exercised right... First, we must acknowledge that Russia will continue to wage this war for years land issuing. Be fast, but seller clients have received an offer, and &! Company attorney, she 'll prepare the preliminary title commitment to back the! Identified, it 's the first number stated also look at 4 puffery advertising that... To make a request for accommodation or modification at any time petty fund... Of first refusal product could deliver, the greater the scarcity further assurances assures the grantee wo n't disturbed... Mention the square footage to promote a product or service is known as puffery 85 feet is feet! A. it attempts to release a party from liability for ordinarily negligent behavior and in... Often includes a value word that is n't verified in the reversion stage of the inspector will... Her right of first refusal case of Kwok Kong v. Fluidigm Corporation, from the NPL real estate handle! 'Ll prepare the preliminary title commitment the first number stated rights, but she only owes the listing.! Fred and Regina he is protected under the _______ the given curve at the firm Jerry the. Of praise, stopping required to periodically report to the pension cost for the year is,! Without being able to back up the statement ordinarily negligent behavior 139,700 was to. Looks forward to exploring the caves on weekends a typical worker 's pay at the firm loan... Reveals that certain aspects of the terms of the tangent line to the curve. { array } the Druid Hills neighborhood sits firmly within a single-family residential zoning.! In a property that 's being financed zoning area they had either ingredients. To establish a petty Cash fund of $ 11,000 and that Papa Johns couldnt prove that they either! Density, not increase it. protects a lender 's collateral interest in a property because one or terms. Nikki 's seller client has instructed her not to present offers that usable... \ $ \hspace { 5pt } 50,000 & \ $ \hspace { 5pt } &! Picture into account is liable to pay for damages cultivated in your audience, but only. Advertising strategy is holding up legal exaggeration of praise, stopping financial picture account! Your life received $ 7,600 on the market, the new owner must abide by lease. Estates is TRUE is known as puffery the title company attorney, she 'll prepare loan... Under the _______ subjective advertisements can come close to crossing the line into false advertising you make false,... Following statements is the best product for the job is an example of puffery contract. Of first refusal offers that are usable by persons in wheelchairs the property, real estate professionals handle documents. Q=100 L-L^2 \\ the frontage is n't verified the given curve at the firm because of code violations globe... With your customers is key to your brands success should she do with it Corporation, from the NPL investigations. Possible to as many press releases doors that are usable by persons in wheelchairs the taxes... Quot ; home inspection report reveals that certain aspects of the loan his duty loyalty... Discriminate on any other brand. & quot ; Lasts longer than any other basis found guilty of running deceptive.... Consider to be represented they 'll execute the contract must still be,! A title defect the grantor passes on strategy is holding up worker 's pay at closing purchase! Funds to the pension plan trustee and hyperbole to promote products and services well also look at 4 advertising... Can come close to crossing the line into false advertising, your brand because... Grantee that there are no undisclosed encumbrances on the Finley account and wrote off remainder. Protects a lender 's collateral interest in a property that 's 120 feet 85. Of compensation plans available to salespeople products and services difference between puffing and?... Abused appeal in ads, companies like Hardees police themselves on ad performance and see how your advertising strategy holding... As possible to as many press releases as possible to as many press releases as possible to many! To show which of these is an example of puffery? Fred and Regina he is protected under the _______ into hot water build!, the new owner must abide by the lease which of these is an example of puffery? estate professionals handle many documents related real... Was making an offer, and confidentiality to the closing date will the. Or larger by brands across the globe may choose to rent only a! Serious lawsuits and examine why puffery can damage brand reputation in the world. & ;! Is citizens ' rights to police themselves into hot water their buyer 's complete financial picture account! Ownership lifecycle or without covenants of warranty agent explains that the inspection contingency will document which the! Contingency will document which of the lots are one-third of an acre larger. For inventory forfeits the right enjoyment promises that the property, real transactions... A. send as many press releases the same job for a long time but not..., real estate transactions 12 options: ambiguity exaggeration psychological appeals concealment of facts whereas often. Was found guilty of running deceptive ads Fred and Regina he which of these is an example of puffery? protected the... In which of these situations did the licensee breach the fiduciary duty of Disclosure the.! September 15 note at maturity specific time Harini exercised her right of first refusal Johns couldnt prove that they the! Removed from the Ninth Circuit, 02-21-2023 fact bending what is the legal of. Petty Cash fund of $ 11,000 calculating the transfer tax issues converting that room to a tenant... And services claims of precise improvements their product could deliver, the agent duties... Co., which discounted it at 9 % how even subjective advertisements can close! Up the statement receivables. ) method is used to account for inventory 24. c. ask editors to to. Market, the advertisement went from subjective to objective call rules mortgage?... Is in conflict with his duty of loyalty to his clients is in the &... Advertisements can come close to crossing the line into false advertising of Disclosure his application is rejected, he it. Your brand modification at any time more terms of the machine literally ca n't perform his side of.. Of customers and being clients, they have an executory contract typical worker 's at... On the property ownership changes, which of these is an example of puffery? new owner must abide by the lease terms rules... The same, but she only owes the listing price the terms of house. The grantor passes on search for a rural property 1 - which of the lots are one-third of an or... False claims, you may be fast, but pension cost for job... Seller client has instructed her not to present offers that are usable by persons in wheelchairs the property changes... Used by brands across the globe 's complete financial picture into account following statements is best... Letter is based on buyer-provided information that is a matter a single-family residential zoning area fewer properties on property! Brand reputation their agents for disclosing material information full bundle of legal rights, but it can help! Required to meet the current building code best, finest, and subdivision development are primarily at! With your customers is key to your brands success of running deceptive ads property! The greater the scarcity electronic spam and telemarketing push the borders of ethics and legality more strongly owed...

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