A. It is a deceptive act or practice for a
supplier in connection with a consumer transaction, in the sale or offering for
sale of a consumer commodity to make any offer in written or printed
advertising or promotional literature without stating clearly and conspicuously
in close proximity to the words stating the offer of any material exclusions,
reservations, limitations, modifications, or conditions. The following are
examples of the types of material exclusions, reservations, limitations,
modifications, or conditions of offers which must be clearly stated:
(1) An advertisement for any consumer
commodity not disclosing the amount of any additional charge for any of the
features displayed or listed in the advertisement would be deceptive.
(2) An advertisement for an article of
clothing must state that there is an additional charge for sizes above or below
a certain size if such is the case.
(3) An advertisement which offers floor
covering with an additional charge for room sizes above or below a certain size
must disclose the nature and amount of additional charge.
(4) An advertisement for a consumer commodity
sold from more than one outlet under the direct control of the supplier causing
the advertisement to be made must state:
(a)
Which outlets within the area served by the publication in which the
advertisement appears either have or do not have certain features mentioned in
the advertisement;
(b) Which
outlets within the area served by the publication in which the advertisement
appears charge rates higher than the rate mentioned in advertisement. For
example: TABLE "Rug Shampooer - $15.00 a day at West 3rd Street South Office - all other locations are more."
(c) An
advertisement for a consumer commodity sold from outlets not under the direct
control of the supplier causing the advertisement to be made does not violate
Section 2a(4)(a) or 2a(4)(b) of this rule if it states that the consumer
commodity is available only at participating independent dealers.
(5) An advertisement for any
consumer commodity requiring installation must reflect the exact price of the
commodity and if the price includes installation or if installation is
additional.
(6) If the advertised
price is available only during certain hours of the day or certain days of the
week that fact must be stated along with the hours and days the price is
available.
(7) If the advertisement
involves or pictures more than one consumer commodity (for example: a sofa,
cocktail table and two commodes) and the advertised price applies only if the
complete set is purchased, that fact must be stated.
(8) If there is a minimum amount (or maximum
amount) that must be purchased for the advertised price to apply, that fact
must be stated.
(9) If an
advertisement specifies a price for a consumer commodity which includes a
trade-in, that fact must be stated. For example: a 6 volt battery for $50.00
plus your old battery.
(10) If
there are "additional" items that must be purchased for the advertised price to
apply that fact must be so stated.
(11) These examples are intended to be
illustrative only and do not limit the scope of any section of the Utah
Consumer Sales Practices Act or of this or any other rule or
regulation.
B. Offers
made orally, such as through radio or television advertising, must include a
conspicuously clear and oral statement of any material exclusions,
reservations, modifications, or conditions.
C. If an error is made in advertising, either
by pricing, wording, picture, or description, it shall be the responsibility of
the supplier to retract or correct the error. A retraction is necessary when it
cannot be shown that the error was due to the fault of the advertising medium.
If it can be documented that the responsibility rests with the advertising
medium, a retraction by the supplier is not necessary but the supplier may post
a correction in close proximity to the merchandise which was advertised
incorrectly.
