§ 6-13.2-4 - Price comparison – General.
SECTION 6-13.2-4
§ 6-13.2-4 Price comparison –General. – (a) It shall be an unfair or deceptive act or practice for a seller to make anyprice comparison:
(1) Based upon a price other than one at which the consumerproperty was either sold or offered for sale by the seller or a competitor, orwill be sold or offered for sale by the seller in the future, in the regularcourse of business in the trade area in which the price comparison is made;
(2) In which the consumer property materially differs incomposition, grade or quality, style or design, model, name or brand, kind orvariety, or service and performance characteristics, unless the general natureof the material differences is conspicuously disclosed in the advertisementwith the price comparison, or the class of property being offered is similar tobut is of superior quality grade, materials, or draftsmanship than the consumerproperty to which the seller is comparing its product; or
(3) Unless all the material price terms and conditions of anyoffer which is based upon the purchase of other merchandise are conspicuouslydisclosed. Those types of offers shall include, but are not limited to "Free","two for one", "two-fer", "half-price sale", "one cent sale", "fifty percentoff ", or other similar type of offer.
(b) No price comparison under this section may be made by aseller based on a price which exceeds his or her cost plus normal markupregularly used by him or her in the sale of that property, or consumer propertyor services of like kind.