Connecticut Administrative Code › Title 42 - Business, Selling, Trading and Collection Practices › 110b - Representations of Guarantees › Advertising and Sales › Section 42-110b-19 - Advertising 'free,' 'reduced,' 'discount,' 'below cost,' or a rebate

Current through July 10, 2024
It shall be an unfair or deceptive act or practice to:
(a) Advertise any merchandise or service as
				free by the use of the word "free" or any other terms of similar import when
				the merchandise or service is not, in fact, free (see subsection (d) of this
				section). Failure to disclose any and all terms, conditions and obligations
				required of the consumer shall be a violation of sections
				42-110b-1
				to
				42-110b-31,
				inclusive, of the Regulations of Connecticut State Agencies;
(b) Advertise the price of merchandise or
				service as a reduced or sale price, or compare the price to a previous price
				unless the advertised price is lower than the actual, bona fide price for which
				the merchandise or service was offered to the public on a regular basis by the
				advertiser for a reasonably substantial period of time prior to the
				advertisement or as a discount price, unless the advertised price is lower than
				the price being charged for the same merchandise or service by other sellers in
				the area; provided, however, in the case of a new product, if the advertised
				price is less than the price which the advertiser, in good faith, expects to
				charge after termination of the introductory sale, there is no violation of
				this subsection. The actual price after the sale shall be evidence of the
				advertiser's good faith expectations;
(c) Advertise the price of any merchandise as
				below cost, unless the price is, in fact, below the cost for which the
				merchandise was purchased and prepared for sale by the advertiser;
(d) Advertise merchandise or service as free
				or the price of merchandise or a service as a discount, reduced, or sale price
				if receipt of such merchandise or service is contingent upon the purchase of
				other merchandise or service at a price which is higher than the actual, bona
				fide price at which the merchandise or service was offered to the public on a
				regular basis by the advertiser for a reasonably substantial period of time
				prior to the advertisement, or at a price which is substantially higher than
				the price being charge for the same merchandise or service by other sellers in
				the area; provided, however, in the case of a new product, if the advertised
				price is less than the price which the advertiser, in good faith, expects to
				charge after termination of the introductory sale, there is no violation of
				this subsection. The actual price after the sale shall be evidence of the
				advertiser's good faith expectations; or
(e) Advertise the availability of any type of
				rebate by displaying the net price of the advertised item in the advertisement,
				unless the amount of the rebate is provided to the consumer by the retailer at
				the time of purchase of the advertised item. A retailer will not be required to
				provide the purchaser of an advertised item with the amount of the rebate if
				the retailer advertises that a rebate is available without stating the net
				price of the item. For the purpose of this subsection, "net price" means the
				ultimate price paid by a consumer after the consumer redeems the rebate offered
				for the advertised item.