Chapter
038
2007 -- H 5434
Enacted 06/14/07
A N A C T
RELATING TO
COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- DECEPTIVE TRADE PRACTICES
Introduced By: Representative Jan Malik
Date Introduced: February 27, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Section 6-13.1-1 of the General Laws in Chapter 6-13.1 entitled
"Deceptive
Trade
Practices" is hereby amended to read as follows:
6-13.1-1.
Definitions. -- As used in this chapter:
(1) "Documentary material" means the original or a copy of any book,
record, report,
memorandum,
paper, communication, tabulation, map, chart, photograph, mechanical
transcription,
or other tangible document or recording wherever situated.
(2) "Examination" of documentary material includes the inspection,
study, or copying of
any
documentary material, and the taking of testimony under oath or acknowledgment
in respect
of any
documentary material or copy of any documentary material.
(3) "Person" means natural persons, corporations, trusts, partnerships,
incorporated or
unincorporated
associations, and any other legal entity.
(4) "Rebate" means the return of a payment or a partial payment,
which serves as a
discount
or reduction in price.
(5) "Trade" and "commerce" mean the advertising, offering
for sale, sale, or distribution
of any
services and any property, tangible or intangible, real, personal, or mixed,
and any other
article,
commodity, or thing of value wherever situate, and include any trade or
commerce
directly
or indirectly affecting the people of this state.
(6) "Unfair methods of competition and unfair or deceptive acts or
practices" means any
one or
more of the following:
(i) Passing off goods or services as those of another;
(ii) Causing likelihood of confusion or of misunderstanding as to the source,
sponsorship,
approval, or certification of goods or services;
(iii) Causing likelihood of confusion or of misunderstanding as to affiliation,
connection,
or
association with, or certification by, another;
(iv) Using deceptive representations or designations of geographic origin in
connection
with
goods or services;
(v) Representing that goods or services have sponsorship, approval,
characteristics,
ingredients,
uses, benefits, or quantities that they do not have or that a person has a
sponsorship,
approval,
status, affiliation, or connection that he or she does not have;
(vi) Representing that goods are original or new if they are deteriorated,
altered,
reconditioned,
reclaimed, used, or secondhand; and if household goods have been repaired or
reconditioned,
without conspicuously noting the defect which necessitated the repair on the
tag
which
contains the cost to the consumer of the goods;
(vii) Representing that goods or services are of a particular standard,
quality, or grade, or
that
goods are of a particular style or model, if they are of another;
(viii) Disparaging the goods, services, or business of another by false or
misleading
representation
of fact;
(ix) Advertising goods or services with intent not to sell them as advertised;
(x) Advertising goods or services with intent not to supply reasonably
expectable public
demand,
unless the advertisement discloses a limitation of quantity;
(xi) Making false or misleading statements of fact concerning the reasons for,
existence
of, or
amounts of price reductions;
(xii) Engaging in any other conduct that similarly creates a likelihood of
confusion or of
misunderstanding;
(xiii) Engaging in any act or practice that is unfair or deceptive to the
consumer;
(xiv) Using any other methods, acts or practices which mislead or deceive
members of
the
public in a material respect;
(xv) Advertising any brand name goods for sale and then selling substituted
brand names
in their
place;
(xvi) Failure to include the brand name and or manufacturer of goods in any
advertisement
of the goods for sale, and, if the goods are used or secondhand, failure to
include
the
information in the advertisement;
(xvii) Advertising claims concerning safety, performance, and comparative price
unless
the
advertiser, upon request by any person, the consumer council, or the attorney
general, makes
available
documentation substantiating the validity of the claim;
(xviii) Representing that work has been performed on or parts replaced in goods
when
the work
was not in fact performed or the parts not in fact replaced; or
(xix) Failing to separately state the amount charged for labor and the amount
charged for
services
when requested by the purchaser as provided for in section 44-18-12(b)(3).
(xx) Advertising for sale at a retail establishment the availability of a
manufacturer's
rebate
by displaying the net price of the advertised item (the price of the item after
the rebate has
been
deducted from the item's price) in the advertisement, unless the amount of the
manufacturer's
rebate is provided to the consumer by the retailer at the time of the purchase
of the
advertised
item. It shall be the retailer's burden to redeem the rebate offered to the
consumer by
the
manufacturer.
(xxi) Refusing to accept a photocopy or other reasonable facsimile of an
original sales
receipt
when the consumer is redeeming a rebate.
SECTION
2. This act shall take effect upon passage.
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LC01697
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