Connecticut Administrative Code › Title 42 - Business, Selling, Trading and Collection Practices › 110b - Representations of Guarantees › Advertising and Sales › Section 42-110b-18 - Misleading advertising

Current through July 10, 2024
It shall be an unfair or deceptive act or practice to:
(a) Misrepresent the owner, manufacturer,
				distributor, source or geographical origin of merchandise or services;
				provided, however, that nothing contained herein shall prohibit a supplier from
				labeling merchandise received from others and sold by him with his own brand,
				tradename, trademark, or other designation customarily used by him;
(b) Misrepresent the age, model, grade, style
				or standard of merchandise or services;
(c) Misrepresent the sponsorship,
				endorsement, approval, or certification of merchandise or services;
(d) Misrepresent the affiliation, connection
				or association of any merchandise, services, or business
				establishment;
(e) Misrepresent the
				nature, characteristics, standard ingredients, uses, benefits, quantities or
				qualities of merchandise or services;
(f) Misrepresent that merchandise is new or
				original when it is used, altered, deteriorated or repossessed; provided,
				however, that nothing contained herein shall prohibit a retailer from reselling
				merchandise which is returned by a customer within a reasonable time and is in
				original, undamaged condition;
(g)
				Disparage the merchandise, services, or business of another by false or
				misleading representation of fact;
(h) Offer merchandise for sale at a stated
				price, by means of any advertisement disseminated in an area served by any
				stores which are covered by the advertisement which do not have such products
				in stock, and readily available to customers during the effective period of the
				advertisement.
(1) If not readily available,
				clear and adequate notice shall be provided in the store that the items are not
				in stock and that a raincheck may be obtained upon request: provided, however,
				that if the advertised merchandise is that which is not customarily available
				for immediate delivery, e.g., furniture, major appliances or automobiles, it
				shall be considered that the taking of orders for the advertised merchandise to
				be delivered within a reasonable time at the advertised price shall be in
				compliance with these regulations. Provided, further, that it shall constitute
				a defense to a charge under this subsection if the retailer can demonstrate
				that the advertised products were ordered in adequate time for delivery and
				delivered to the stores in quantities sufficient to meet reasonably anticipated
				demands.
(2) If such advertised
				merchandise is unavailable during the effective period of the advertisement,
				the retailer shall offer a "raincheck" to customers who are unable to purchase
				such merchandise because of its unavailability. For purposes of this
				regulation, "raincheck" means a written statement issued by a retailer allowing
				the purchase of designated merchandise at a previously advertised price.
(A) The holder of a raincheck shall be
				notified by the retailer when the advertised merchandise is in stock; and he
				shall have a minimum of ten days after such notification is received from the
				retailer to purchase the merchandise at the sale price, except that retail food
				stores will not be required to notify the holder when such advertised
				merchandise is in stock.
(B) If a
				raincheck cannot be honored or satisfied by the retailer within sixty days of
				the issuance, then the retailer shall offer the holder similar or comparable
				merchandise at the advertised price of the merchandise, or at a lower price.
				Should the holder wish to purchase such similar or comparable merchandise, he
				must do so within ten days of the retailer's offer to substitute such
				comparable merchandise.
(C) The
				provisions of this section shall not apply to:
(i) sales where the advertised discount is
				offered storewide or department wide;
(ii) clothing and footwear merchandise which
				is seasonal in nature and the stock of which cannot be replenished;
(iii) clothing and footwear merchandise which
				is sized to fit;
(iv) "clearance,"
				"closeout," or "permanent markdown" sales;
(v) motor vehicles;
(vi) alcoholic beverages; or
(vii) situations in which the customer
				accepts a comparable discount on a comparable item. Also, retailers shall not
				be required to offer rainchecks when a disclaimer as to the actual quantity of
				the advertised merchandise available, together with the statement, "no
				rainchecks," is stated in the advertisement, e.g., "only ten items, no
				rainchecks."