Business ProfileforMountain Side Contractors, LLC

On 03/04/2024, the Better Business Bureau received notification the company was advertising they were "constructing enduring structures that withstand the test of time, guaranteeing a lifetime of durability" on their company website, https://mountainsidecontractors.com/. 

We initiated an Advertising Review of this statement based on Section 20 of the BBB Code of Advertising found here https://www.bbb.org/code-of-advertising and based on federal advertising requirements found in 16 CFR Part 239, located here https://www.ftc.gov/legal-library/browse/rules/advertising-warranties-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.”

16 CFR Part 239.2(a) "If an advertisement mentions a warranty or guarantee that is offered on the advertised product, the advertisement should disclose, with such clarity and prominence as will be noticed and understood by prospective purchasers, that prior to sale, at the place where the product is sold, prospective purchasers can see the written warranty or guarantee for complete details of the warranty coverage."

16 CFR Part 239.3 "(a) A seller or manufacturer should use the terms “Satisfaction Guarantee,” “Money Back Guarantee,” “Free Trial Offer,” or similar representations in advertising only if the seller or manufacturer, as the case may be, refunds the full purchase price of the advertised product at the purchaser's request. (b) An advertisement that mentions a “Satisfaction Guarantee” or a similar representation should disclose, with such clarity and prominence as will be noticed and understood by prospective purchasers, any material limitations or conditions that apply to the “Satisfaction Guarantee” or similar representation."

16 CFR Part 239.4 "If an advertisement uses “lifetime,” “life,” or similar representations to describe the duration of a warranty or guarantee, then the advertisement should disclose, with such clarity and prominence as will be noticed and understood by prospective purchasers, the life to which the representation refers."

On 03/04/2024 the BBB sent a request to the company to modify, discontinue, or substantiate the guarantee of lifetime durability.  After following up on attempts to contact the business on 03/19/2024 and 04/19/2024, the business failed respond to BBB's request to modify, discontinue, or substantiate the advertising, and did not substantiate, modify, or discontinue the advertising on their website.