2024 -- S 2265 | |
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LC004514 | |
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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 | |
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Introduced By: Senators Ujifusa, DiPalma, Sosnowski, Zurier, Bissaillon, Murray, Cano, | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Commerce | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 6-13.1-1 of the General Laws in Chapter 6-13.1 entitled "Deceptive |
2 | Trade Practices" is hereby amended to read as follows: |
3 | 6-13.1-1. Definitions. |
4 | As used in this chapter: |
5 | (1) “Documentary material” means the original or a copy of any book, record, report, |
6 | memorandum, paper, communication, tabulation, map, chart, photograph, mechanical |
7 | transcription, or other tangible document or recording wherever situated. |
8 | (2) “Examination” of documentary material includes the inspection, study, or copying of |
9 | any documentary material, and the taking of testimony under oath or acknowledgment in respect |
10 | of any documentary material or copy of any documentary material. |
11 | (3) “Person” means natural persons, corporations, trusts, partnerships, incorporated or |
12 | unincorporated associations, and any other legal entity. |
13 | (4) “Rebate” means the return of a payment or a partial payment that serves as a discount |
14 | or reduction in price. |
15 | (5) “Trade” and “commerce” mean the advertising, offering for sale, sale, or distribution |
16 | of any services and any property, tangible or intangible, real, personal, or mixed, and any other |
17 | article, commodity, or thing of value wherever situate, and include any trade or commerce directly |
18 | or indirectly affecting the people of this state. |
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1 | (6) “Unfair methods of competition and unfair or deceptive acts or practices” means any |
2 | one or more of the following: |
3 | (i) Passing off goods or services as those of another; |
4 | (ii) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, |
5 | approval, or certification of goods or services; |
6 | (iii) Causing likelihood of confusion or of misunderstanding as to affiliation, connection, |
7 | or association with, or certification by, another; |
8 | (iv) Using deceptive representations or designations of geographic origin in connection |
9 | with goods or services; |
10 | (v) Representing that goods or services have sponsorship, approval, characteristics, |
11 | ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, |
12 | approval, status, affiliation, or connection that he or she does not have; |
13 | (vi) Representing that goods are original or new if they are deteriorated, altered, |
14 | reconditioned, reclaimed, used, or secondhand; and if household goods have been repaired or |
15 | reconditioned, without conspicuously noting the defect that necessitated the repair on the tag that |
16 | contains the cost to the consumer of the goods; |
17 | (vii) Representing that goods or services are of a particular standard, quality, or grade, or |
18 | that goods are of a particular style or model, if they are of another; |
19 | (viii) Disparaging the goods, services, or business of another by false or misleading |
20 | representation of fact; |
21 | (ix) Advertising goods or services with intent not to sell them as advertised; |
22 | (x) Advertising goods or services with intent not to supply reasonably expectable public |
23 | demand, unless the advertisement discloses a limitation of quantity; |
24 | (xi) Making false or misleading statements of fact concerning the reasons for, existence of, |
25 | or amounts of price reductions; |
26 | (xii) Engaging in any other conduct that similarly creates a likelihood of confusion or of |
27 | misunderstanding; |
28 | (xiii) Engaging in any act or practice that is unfair or deceptive to the consumer; |
29 | (xiv) Using any other methods, acts, or practices that mislead or deceive members of the |
30 | public in a material respect; |
31 | (xv) Advertising any brand name goods for sale and then selling substituted brand names |
32 | in their place; |
33 | (xvi) Failure to include the brand name and or manufacturer of goods in any advertisement |
34 | of the goods for sale, and, if the goods are used or secondhand, failure to include the information |
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1 | in the advertisement; |
2 | (xvii) Advertising claims concerning safety, performance, and comparative price unless |
3 | the advertiser, upon request by any person, the consumer council, or the attorney general, makes |
4 | available documentation substantiating the validity of the claim; |
5 | (xviii) Representing that work has been performed on or parts replaced in goods when the |
6 | work was not in fact performed or the parts not in fact replaced; or |
7 | (xix) Failing to separately state the amount charged for labor and the amount charged for |
8 | services when requested by the purchaser as provided for in § 44-18-12(b)(3). |
9 | (xx) Advertising for sale at a retail establishment the availability of a manufacturer’s rebate |
10 | by displaying the net price of the advertised item (the price of the item after the rebate has been |
11 | deducted from the item’s price) in the advertisement, unless the amount of the manufacturer’s |
12 | rebate is provided to the consumer by the retailer at the time of the purchase of the advertised item. |
13 | It shall be the retailer’s burden to redeem the rebate offered to the consumer by the manufacturer. |
14 | (xxi) Advertising, displaying, or offering a price for a good or service that does not include |
15 | all mandatory fees or charges except the following: |
16 | (A) Taxes or fees imposed by a government on the transaction; or |
17 | (B) Postage or carriage charges that will be reasonably and actually incurred to ship the |
18 | physical good to the consumer. |
19 | SECTION 2. Section 6-13.1-2 of the General Laws in Chapter 6-13.1 entitled "Deceptive |
20 | Trade Practices" is hereby amended to read as follows: |
21 | 6-13.1-2. Unlawful acts or practices. |
22 | (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct |
23 | of any trade or commerce are declared unlawful. |
24 | (b) The attorney general is authorized to promulgate regulations to define specific practices |
25 | that are prohibited or required pursuant to this section in order to enforce the prohibition on any |
26 | unfair methods of competition or unfair or deceptive trade practices defined in § 6-13.1-1 and may |
27 | seek penalties or other relief for violations as deemed necessary for effective enforcement. |
28 | SECTION 3. 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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1 | This act would provide that advertising goods that don't include a price referencing all |
2 | mandatory fees and charges shall be a deceptive trade practice and would authorize the attorney |
3 | general to promulgate regulations further defining specific prohibited practices and provide |
4 | appropriate penalties. |
5 | This act would take effect upon passage. |
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