§ 6-13.2-5 Price comparisonadvertisements. – It shall be an unfair or deceptive act or practice for a seller to advertise ormake any price comparison:
(1) Based upon a price at which consumer property was sold bythe seller unless:
(i) The price is a price at which the consumer property wasactually sold in substantial quantities by the seller in the last ninety (90)days immediately preceding the date on which the price comparison is stated inthe advertisement; or
(ii) The price is a price at which the consumer property wasactually sold in substantial quantities by the seller during any other periodand the advertisement discloses with the price comparison the date, time orseasonal period when the sales were made.
(2) Based upon a price at which the seller has offered forsale but has not sold consumer property unless:
(i) The price is a price at which the consumer property wasactually offered for sale by the seller for at least four (4) weeks during thelast ninety (90) days immediately preceding the date on which the pricecomparison is stated in the advertisement; or
(ii) The price is a price at which the consumer property wasactually offered for sale by the seller for at least four (4) weeks during anyother ninety (90) day period, and the advertisement clearly discloses the date,time, or seasonal period of that offer.
(3) In which the seller represents that the seller isconducting a "sale" unless:
(i) The termination date of the "sale" is clearly stated inthe advertisement; except that this disclosure shall not apply to "clearance","closeouts", "permanent markdown", or "special purchases" with limitedquantities and are advertised as such; and
(ii) The day after the "sale" ends, the consumer propertyreverts in price to the price charged by the seller for the item before the"sale" began or to a price which is higher than the "sale" price, except for"clearance", "closeout" or "permanent markdown" sales where the item will bereduced in price until it is removed from sale.
(4) Referencing a higher price at which consumer propertywill be offered or sold in the future unless:
(i) The advertisement clearly discloses that the pricecomparison is based upon a future price increase;
(ii) The effective date of the future higher price, if morethan ninety (90) days after the price comparison is first stated in anadvertisement, is clearly disclosed in the advertisement; and
(iii) The future higher price increase takes effect on thedate disclosed in the advertisement or, if not disclosed in the advertisement,within ninety (90) days after the price comparison is stated in theadvertisement, except where compliance becomes impossible because ofcircumstances beyond the seller's control.
(5) Based upon advertised savings of a particular percentageor a range of percentages (e.g., "save thirty percent" or "twenty percent tosixty percent off") unless:
(i) The minimum percent reduction is clearly stated in theadvertisement in the manner as conspicuously as the maximum percentagereduction, when applicable;
(ii) The basis other than a regular price comparison for theadvertised percentage reduction is clearly and conspicuously disclosed in theadvertisement.
(6) Based upon the use of the term "original" or"originally", to fail to disclose that intermediate markdowns have been taken,if that is the case. A seller may use the term "original" or "originally", whenoffering a reduction from an original price that was the price at which theconsumer property was actually offered for sale in the recent, regular courseof business. If the comparative price, identified as "original" or"originally", is not also the last previous selling price, that fact shall bedisclosed, by stating the last previous selling price, (e.g., "originally$599.95, formerly $499.95, now $399.95") or indicating "intermediate markdownstaken".
§ 6-13.2-5 Price comparisonadvertisements. – It shall be an unfair or deceptive act or practice for a seller to advertise ormake any price comparison:
(1) Based upon a price at which consumer property was sold bythe seller unless:
(i) The price is a price at which the consumer property wasactually sold in substantial quantities by the seller in the last ninety (90)days immediately preceding the date on which the price comparison is stated inthe advertisement; or
(ii) The price is a price at which the consumer property wasactually sold in substantial quantities by the seller during any other periodand the advertisement discloses with the price comparison the date, time orseasonal period when the sales were made.
(2) Based upon a price at which the seller has offered forsale but has not sold consumer property unless:
(i) The price is a price at which the consumer property wasactually offered for sale by the seller for at least four (4) weeks during thelast ninety (90) days immediately preceding the date on which the pricecomparison is stated in the advertisement; or
(ii) The price is a price at which the consumer property wasactually offered for sale by the seller for at least four (4) weeks during anyother ninety (90) day period, and the advertisement clearly discloses the date,time, or seasonal period of that offer.
(3) In which the seller represents that the seller isconducting a "sale" unless:
(i) The termination date of the "sale" is clearly stated inthe advertisement; except that this disclosure shall not apply to "clearance","closeouts", "permanent markdown", or "special purchases" with limitedquantities and are advertised as such; and
(ii) The day after the "sale" ends, the consumer propertyreverts in price to the price charged by the seller for the item before the"sale" began or to a price which is higher than the "sale" price, except for"clearance", "closeout" or "permanent markdown" sales where the item will bereduced in price until it is removed from sale.
(4) Referencing a higher price at which consumer propertywill be offered or sold in the future unless:
(i) The advertisement clearly discloses that the pricecomparison is based upon a future price increase;
(ii) The effective date of the future higher price, if morethan ninety (90) days after the price comparison is first stated in anadvertisement, is clearly disclosed in the advertisement; and
(iii) The future higher price increase takes effect on thedate disclosed in the advertisement or, if not disclosed in the advertisement,within ninety (90) days after the price comparison is stated in theadvertisement, except where compliance becomes impossible because ofcircumstances beyond the seller's control.
(5) Based upon advertised savings of a particular percentageor a range of percentages (e.g., "save thirty percent" or "twenty percent tosixty percent off") unless:
(i) The minimum percent reduction is clearly stated in theadvertisement in the manner as conspicuously as the maximum percentagereduction, when applicable;
(ii) The basis other than a regular price comparison for theadvertised percentage reduction is clearly and conspicuously disclosed in theadvertisement.
(6) Based upon the use of the term "original" or"originally", to fail to disclose that intermediate markdowns have been taken,if that is the case. A seller may use the term "original" or "originally", whenoffering a reduction from an original price that was the price at which theconsumer property was actually offered for sale in the recent, regular courseof business. If the comparative price, identified as "original" or"originally", is not also the last previous selling price, that fact shall bedisclosed, by stating the last previous selling price, (e.g., "originally$599.95, formerly $499.95, now $399.95") or indicating "intermediate markdownstaken".
§ 6-13.2-5 Price comparisonadvertisements. – It shall be an unfair or deceptive act or practice for a seller to advertise ormake any price comparison:
(1) Based upon a price at which consumer property was sold bythe seller unless:
(i) The price is a price at which the consumer property wasactually sold in substantial quantities by the seller in the last ninety (90)days immediately preceding the date on which the price comparison is stated inthe advertisement; or
(ii) The price is a price at which the consumer property wasactually sold in substantial quantities by the seller during any other periodand the advertisement discloses with the price comparison the date, time orseasonal period when the sales were made.
(2) Based upon a price at which the seller has offered forsale but has not sold consumer property unless:
(i) The price is a price at which the consumer property wasactually offered for sale by the seller for at least four (4) weeks during thelast ninety (90) days immediately preceding the date on which the pricecomparison is stated in the advertisement; or
(ii) The price is a price at which the consumer property wasactually offered for sale by the seller for at least four (4) weeks during anyother ninety (90) day period, and the advertisement clearly discloses the date,time, or seasonal period of that offer.
(3) In which the seller represents that the seller isconducting a "sale" unless:
(i) The termination date of the "sale" is clearly stated inthe advertisement; except that this disclosure shall not apply to "clearance","closeouts", "permanent markdown", or "special purchases" with limitedquantities and are advertised as such; and
(ii) The day after the "sale" ends, the consumer propertyreverts in price to the price charged by the seller for the item before the"sale" began or to a price which is higher than the "sale" price, except for"clearance", "closeout" or "permanent markdown" sales where the item will bereduced in price until it is removed from sale.
(4) Referencing a higher price at which consumer propertywill be offered or sold in the future unless:
(i) The advertisement clearly discloses that the pricecomparison is based upon a future price increase;
(ii) The effective date of the future higher price, if morethan ninety (90) days after the price comparison is first stated in anadvertisement, is clearly disclosed in the advertisement; and
(iii) The future higher price increase takes effect on thedate disclosed in the advertisement or, if not disclosed in the advertisement,within ninety (90) days after the price comparison is stated in theadvertisement, except where compliance becomes impossible because ofcircumstances beyond the seller's control.
(5) Based upon advertised savings of a particular percentageor a range of percentages (e.g., "save thirty percent" or "twenty percent tosixty percent off") unless:
(i) The minimum percent reduction is clearly stated in theadvertisement in the manner as conspicuously as the maximum percentagereduction, when applicable;
(ii) The basis other than a regular price comparison for theadvertised percentage reduction is clearly and conspicuously disclosed in theadvertisement.
(6) Based upon the use of the term "original" or"originally", to fail to disclose that intermediate markdowns have been taken,if that is the case. A seller may use the term "original" or "originally", whenoffering a reduction from an original price that was the price at which theconsumer property was actually offered for sale in the recent, regular courseof business. If the comparative price, identified as "original" or"originally", is not also the last previous selling price, that fact shall bedisclosed, by stating the last previous selling price, (e.g., "originally$599.95, formerly $499.95, now $399.95") or indicating "intermediate markdownstaken".
