§ 6-13.2-6 - Competitor's prices.
SECTION 6-13.2-6
§ 6-13.2-6 Competitor's prices. – It shall be an unfair or deceptive act or practice for a seller to make anyprice comparison:
(1) Based upon a competitor's price unless:
(i) The competitor's price is either a price at which thecompetitor sold or advertised consumer property for sale at any time within theninety (90) day period immediately preceding the date on which the pricecomparison is stated in the advertisement, or the date on which the completedadvertising copy was submitted to the printer for final printing andpublication, provided each submission date does not exceed eight (8) weeks fromthe date of actual publication or distribution;
(ii) The competitor's price is a price that is representativeof prices at which the consumer property is sold or advertised for sale in thetrade area in which the price comparison is made and is not an isolated price;or
(iii) Disclosure is made with the price comparison that theprice used as a basis for the comparison was not the seller's own price.
(2) Based upon a "manufacturer's suggested price","distributor's suggested price", "list price", "suggested retail" or anysimilar term implying a suggested or list price established by anyone otherthan the seller, unless either:
(i) The seller has actually offered and sold the consumerproperty for sale at the suggested price as its regular price; or
(ii) The seller can substantiate that it is the actual priceat which the consumer property was being offered for sale by representativeretailers in the trade area in which the claim is made at any time within theninety (90) day period immediately preceding either the date on which the pricecomparison is stated in the advertisement, the comparative price is forproperty of same composition, grade, or quality, style or design, model, nameor brand, kind or variety, or the date on which the completed advertising copywas submitted to the printer for final printing and publication, provided thesubmission date does not exceed eight (8) weeks from the date of actualpublication or distribution.