Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-02 - Exclusions and limitations in advertisements

Current through all regulations passed and filed through July 1, 2024
(A)
(1) It
			 is a deceptive act or practice in connection with a consumer transaction for a
			 supplier, in the sale or offering for sale of goods or services, 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 any material exclusions, reservations, limitations, modifications, or
			 conditions. Disclosure shall be easily legible to anyone reading the
			 advertising or promotional literature and shall be sufficiently specific so as
			 to leave no reasonable probability that the terms of the offer might be
			 misunderstood.
(2) The following
			 are examples of the types of material exclusions, reservations, limitations,
			 modifications, or conditions of offers which must be clearly stated:
(a) An advertisement for any motor vehicle
			 must disclose the amount of any additional charge for any of the features
			 displayed in the advertisement.
(b)
			 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.
(c) 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 any additional
			 charge.
(d)
(i) An advertisement for a service or item of
			 goods 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 the advertisement. For example: "Car Rental - seven dollars a
			 day at the Main Street office - all other locations are more."
(ii) An advertisement for a
			 service or item of goods sold from outlets not under the direct control of the
			 supplier causing the advertisement to be made does not violate paragraph
			 (A)(2)(d)(i)(a) or (A)(2)(d)(i)(b) of this rule if it states that the service
			 or item of goods is available only at participating independent
			 dealers.
(e) 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.
(f) If the
			 advertisement involves or pictures more than one item of goods (for example: a
			 table and chairs) and the advertised price applies only if the complete set is
			 purchased, that fact must be stated.
(g) If there is a minimum amount (or maximum
			 amount) that must be purchased for the advertised price to apply, that fact
			 must be stated.
(h) If an
			 advertisement specifies a price for an item of goods which includes a trade-in,
			 that fact must be stated. For example: "four tires for fifty dollars plus four
			 tires off your car."
(i) If there
			 is an additional charge for delivery or mail orders, that fact must be
			 disclosed.
(j) If an advertisement
			 offers a rebate that requires repeat purchases by a consumer, that information
			 must be disclosed, including, but not limited to, the required number of
			 purchases, the amount of each of the purchases, the time frame over which the
			 purchases need to be made, and any other actions required by the consumer to
			 redeem the rebate.
(3)
			 These examples are intended to be illustrative only and do not limit the scope
			 of any section of the Revised Code or of this or any other rule or
			 regulation.