Chapter 46

46-1.    Definitions.

46-2.    Deceptive practices defined.

46-3.    Reliance on deception unnecessary.

46-4.    Exemptions.

46-5.    Violations declared misdemeanor.

46-1 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Merchant means a seller, lessor, creditor or other person who makes available, either directly or indirectly, goods, services or credit to consumers. “Merchant” shall also include manufacturers, wholesalers, and others who are responsible for any act or practice prohibited by this chapter.

(Code 1985, § 8-196)

Cross referenceDefinitions generally, § 1-2.

46-2 Deceptive practices defined.

Deceptive methods, acts or practices in the conduct of trade or commerce are unlawful, and are defined as follows:

(1)    Using deceptive representations or deceptive designations of geographic origin in connection with goods or services.

(2)    Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities which they do not have, or that a person has sponsorship, approval, status, affiliation or connection which he does not have.

(3)    Representing that goods are new if they are deteriorating, altered, reconditioned, used or secondhand.

(4)    Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another.

(5)    Advertising or representing goods or services with intent not to dispose of those goods or services as advertised or represented.

(6)    Advertising goods or services with intent not to supply reasonable expectable public demand, unless the advertisement discloses a limitation of quantity in immediate conjunction with the advertised goods or services.

(7)    Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of, price reductions.

(8)    Falsely representing that a part, replacement or repair service is needed or has been provided.

(9)    Representing to a party to whom goods or services are supplied that the goods or services are being supplied in response to a request made by or on behalf of the party, when they are not.

(10)    Misrepresenting that because of some defect in a consumer’s home, the health, safety or lives of the consumer or his family are in danger if the product or services are not purchased, when in fact the defect does not exist or the product or services would not remove the danger.

(11)    Failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer, and which fact could not reasonably be known by the consumer.

(12)    Taking or arranging for the consumer to sign an acknowledgement, certificate or other writing affirming acceptance, delivery, compliance with a requirement of law, or other performance, if the merchant knows or has reason to know that the statement is not true.

(13)    Representing that a consumer will receive a rebate, discount, or other benefit as an inducement for entering into a transaction if the benefit is contingent on an event to occur subsequent to the consummation of the transaction.

(14)    Causing, permitting, allowing or approving the blockage, obstruction or concealment from the view of a purchaser of any machine, device, register or part thereof used to itemize and/or total sales to such purchaser, by any merchant.

(Code 1985, § 8-197)

46-3 Reliance on deception unnecessary.

A trade practice may be found to be deceptive under this chapter although no consumer is, in fact, shown to have relied on it.

(Code 1985, § 8-198)

46-4 Exemptions.

(a)    This chapter shall not apply to a transaction or conduct specifically authorized under laws administered by a regulatory board or officer acting under statutory authority of this state or the United States.

(b)    An act done by the publisher, owner, agent or employee of a newspaper, periodical, directory, radio or television station, or other communications medium in the publication or dissemination of an advertisement unless the publisher, owner, agent or employee knows and intentionally promotes the false, misleading or deceptive character of the advertisement or has a direct financial interest in the sale or distribution of the advertised goods, property or service.

(Code 1985, § 8-199)

46-5 Violations declared misdemeanor.

Any violation of this chapter shall constitute a misdemeanor.

(Code 1985, § 8-200)


Cross referenceAdministration, ch. 2; advertising, ch. 6; businesses, ch. 26.