Sec.42-110b-10a. Price comparison; general  


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  • It shall be an unfair or deceptive act or practice for a seller to make any price comparison:

    (1) based upon a price other than one at which consumer property or services was either sold or offered for sale by the seller or a competitor, or will be sold or offered for sale by the seller in the future, in the regular course of business in the trade area in which the price comparison is made;

    (2) in which the consumer property or services materially differ in composition, grade or quality, style or design, model, name or brand, kind or variety, or service and performance characteristics, unless the general nature of the material differences is conspicuously disclosed in the advertisement with the price comparison; or

    (3) unless all the relevant price terms and conditions of any offer which is based upon the purchase of other merchandise are conspicuously disclosed. Such types of offers shall include, but are not limited to, "Free," "2-for-1," "Two-Fer," "Half-Price Sale," "1¢ sale," "50% off" or other similar type of offer.

(Effective February 26, 1986)