Information and Alerts

Ad Review

In November 2018, BBB contacted the business regarding the following advertising concerns on the business website.

"CLAIM $10,000 IN FREE UPGRADES"

"LIMITED TIME SPECIAL OFFER
COMPARE TODAY"

"Claim Your Special Offer!"

BBB Concerns also included
(Location: https://urbanperchhomes.com/enjoy-10000-in-free-upgrades/)
"Really whatever you want"


BBB Code of Advertising indicates:
"Free"
An advertiser may use the word "free" in advertising whenever the advertiser is offering an unconditional gift. If receipt of the "free" product or service is conditional on a purchase:
The advertiser must clearly and conspicuously disclose this condition with the "free" offer (not simply by placing an asterisk or symbol next to "free" and referring to the condition(s) in a footnote); and
The advertiser must not have increased the normal price of the product or service to be purchased nor reduced its quantity or quality.
The "free" offer should be temporary; otherwise, consumers may view it as a continuous combination offer, no part of which is free. Thus, where it would otherwise confuse consumers, a product or service must not be advertised with a "free" offer in a trade area for more than six (6) months in any 12 month period. At least thirty (30) days must elapse before another such offer is promoted in the same trade area.
In a negotiated sale, no "free" offer of a product or service should be made where it would likely mislead consumers, such as where:
The product or service to be purchased usually is sold at a price arrived through bargaining, rather than at a regular fixed price; or
There may be a regular price but other material factors such as quantity, quality or size are Offers of "free" products or services which do not meet the provisions of this section may not be corrected by the substitution of such similar words such as "gift," "given without charge," "bonus," "complimentary" or other words which can convey the impression to the consumer that a product or service is "free."
Because the consumer continually searches for the best buy and regards the offer of "free" products or services to be a special bargain, all such offers must be made with extreme care so as to avoid any possibility that consumers will be misled or deceived. Representative language frequently used in such offers includes:
"Free"
"Buy 1-Get-1 Free"
"2-for-1 Sale"
"50% off with Purchase of Two"
"$1 Sale"
"1/2 Off"
"Gift with Purchase"
Literally, of course, the advertiser is not offering anything "free" (for example, an unconditional gift), or 1/2 free or 2 for 1 when making such an offer, since the consumer is required to purchase a product or service in order to receive the "free" or "2 for 1" item.
Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer.

Basic Principles of the Code
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.
Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.
An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.
Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.

BBB advertising concerns also included Testimonials.

BBB Code of Advertising indicates:
Testimonials and Endorsements
In general, advertising which uses testimonials or endorsements is likely to mislead or confuse if:
It is not genuine and does not actually represent the current opinion of the endorser;
The actual wording of the testimonial or endorsement has been altered in such a way as to change its overall meaning and impact;
It contains representations or statements which would be misleading if made directly by the advertiser;
While literally true, it creates deceptive implications;
The endorser has not been a bona fide user of the endorsed product or service at the time when the endorsement was given, where the advertiser represents that the endorser uses the product or service;
The advertiser represents, directly or by implication, that the endorser is an "actual consumer" when such is not the case and the advertisement fails to clearly and conspicuously disclose that fact;
A consumer's experience represented in an advertisement is not the typical experience of those using the product or service, unless the advertisement clearly and conspicuously discloses what the expected results will be;



BBB advertising concerns also included:
"Orlando's Best
New Home Warranty"

(Location: https://urbanperchhomes.com/warranty-information/)
"Urban Perch has the best home builders warranty in the Orlando Area with our Two Year Limited Warranty that covers the entire home. As well as our 10 Year Structural Warranty and 2 Year Mechanicals Warranty."


BBB Code of Advertising indicates:
Warranties and Guarantees
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.
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.
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. 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.
Objective Superlative Claims
Superlative statements in advertisements about the tangible qualities and performance values of a product or service are objective claims for which the advertiser must possess substantiation as they can be based upon accepted standards or tests. As statements of fact, such claims, like "#1 in new car sales in the city," can be proved or disproved.

To date, the business responded but did not substantiate or update any of the advertising claims.