2024 -- S 2257

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LC004803

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

DECEPTIVE TRADE PRACTICES

     

     Introduced By: Senators Ujifusa, DiPalma, Pearson, Mack, Bissaillon, LaMountain,
Miller, Cano, and Britto

     Date Introduced: February 07, 2024

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 6-13.1-1 of the General Laws in Chapter 6-13.1 entitled "Deceptive

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Trade Practices" is hereby amended to read as follows:

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     6-13.1-1. Definitions.

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     As used in this chapter:

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     (1) “Documentary material” means the original or a copy of any book, record, report,

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memorandum, paper, communication, tabulation, map, chart, photograph, mechanical

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transcription, or other tangible document or recording wherever situated.

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     (2) “Examination” of documentary material includes the inspection, study, or copying of

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any documentary material, and the taking of testimony under oath or acknowledgment in respect

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of any documentary material or copy of any documentary material.

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     (3) “Person” means natural persons, corporations, trusts, partnerships, incorporated or

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unincorporated associations, and any other legal entity.

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     (4) “Rebate” means the return of a payment or a partial payment that serves as a discount

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or reduction in price.

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     (5) “Trade” and “commerce” mean the advertising, offering for sale, sale, or distribution

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of any services and any property, tangible or intangible, real, personal, or mixed, and any other

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article, commodity, or thing of value wherever situate, and include any trade or commerce directly

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or indirectly affecting the people of this state.

 

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     (6) “Unfair methods of competition and unfair or deceptive acts or practices” means any

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one or more of the following:

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     (i) Passing off goods or services as those of another;

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     (ii) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship,

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approval, or certification of goods or services;

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     (iii) Causing likelihood of confusion or of misunderstanding as to affiliation, connection,

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or association with, or certification by, another;

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     (iv) Using deceptive representations or designations of geographic origin in connection

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with goods or services;

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     (v) Representing that goods or services have sponsorship, approval, characteristics,

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ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship,

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approval, status, affiliation, or connection that he or she does not have;

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     (vi) Representing that goods are original or new if they are deteriorated, altered,

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reconditioned, reclaimed, used, or secondhand; and if household goods have been repaired or

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reconditioned, without conspicuously noting the defect that necessitated the repair on the tag that

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contains the cost to the consumer of the goods;

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     (vii) Representing that goods or services are of a particular standard, quality, or grade, or

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that goods are of a particular style or model, if they are of another;

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     (viii) Disparaging the goods, services, or business of another by false or misleading

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representation of fact;

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     (ix) Advertising goods or services with intent not to sell them as advertised;

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     (x) Advertising goods or services with intent not to supply reasonably expectable public

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demand, unless the advertisement discloses a limitation of quantity;

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     (xi) Making false or misleading statements of fact concerning the reasons for, existence of,

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or amounts of price reductions;

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     (xii) Engaging in any other conduct that similarly creates a likelihood of confusion or of

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misunderstanding;

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     (xiii) Engaging in any act or practice that is unfair or deceptive to the consumer;

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     (xiv) Using any other methods, acts, or practices that mislead or deceive members of the

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public in a material respect;

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     (xv) Advertising any brand name goods for sale and then selling substituted brand names

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in their place;

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     (xvi) Failure to include the brand name and or manufacturer of goods in any advertisement

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of the goods for sale, and, if the goods are used or secondhand, failure to include the information

 

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in the advertisement;

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     (xvii) Advertising claims concerning safety, performance, and comparative price unless

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the advertiser, upon request by any person, the consumer council, or the attorney general, makes

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available documentation substantiating the validity of the claim;

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     (xviii) Representing that work has been performed on or parts replaced in goods when the

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work was not in fact performed or the parts not in fact replaced; or

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     (xix) Failing to separately state the amount charged for labor and the amount charged for

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services when requested by the purchaser as provided for in § 44-18-12(b)(3).

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     (xx) Advertising for sale at a retail establishment the availability of a manufacturer’s rebate

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by displaying the net price of the advertised item (the price of the item after the rebate has been

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deducted from the item’s price) in the advertisement, unless the amount of the manufacturer’s

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rebate is provided to the consumer by the retailer at the time of the purchase of the advertised item.

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It shall be the retailer’s burden to redeem the rebate offered to the consumer by the manufacturer.

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     (xxi) Advertising, displaying, or offering a price for a good or service that does not include

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all fees or charges except the following:

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     (A) Taxes or fees imposed by a government entity on the transaction; or

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     (B) Postage or carriage charges that will be reasonably and actually incurred to ship the

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physical good to the consumer.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

DECEPTIVE TRADE PRACTICES

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     This act would provide that advertising goods that don't include a price referencing all

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mandatory fees and charges shall be a deceptive trade practice.

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     This act would take effect upon passage.

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