| Chapter 372 |
| 2025 -- S 0017 SUBSTITUTE A Enacted 07/01/2025 |
| A N A C T |
| RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- DECEPTIVE TRADE PRACTICES |
Introduced By: Senators Ujifusa, Ruggerio, Lawson, and Tikoian |
| Date Introduced: January 23, 2025 |
| 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 that 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 shethe person 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 that necessitated the repair on the tag that |
| 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 that 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 orand/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 § 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) Advertising, displaying, or offering a price for live-event tickets or short-term lodging |
| in violation of 16 C.F.R. Part 464. |
| SECTION 2. This act shall take effect on January 1, 2026. |
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| LC000141/SUB A |
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