§ 6-13.1-1 - Definitions.
SECTION 6-13.1-1
§ 6-13.1-1 Definitions. – As used in this chapter:
(1) "Documentary material" means the original or a copy ofany book, record, report, memorandum, paper, communication, tabulation, map,chart, photograph, mechanical transcription, or other tangible document orrecording wherever situated.
(2) "Examination" of documentary material includes theinspection, study, or copying of any documentary material, and the taking oftestimony under oath or acknowledgment in respect of any documentary materialor copy of any documentary material.
(3) "Person" means natural persons, corporations, trusts,partnerships, incorporated or unincorporated associations, and any other legalentity.
(4) "Rebate" means the return of a payment or a partialpayment, which serves as a discount or reduction in price.
(5) "Trade" and "commerce" mean the advertising, offering forsale, sale, or distribution of any services and any property, tangible orintangible, real, personal, or mixed, and any other article, commodity, orthing of value wherever situate, and include any trade or commerce directly orindirectly affecting the people of this state.
(6) "Unfair methods of competition and unfair or deceptiveacts or practices" means any one or more of the following:
(i) Passing off goods or services as those of another;
(ii) Causing likelihood of confusion or of misunderstandingas to the source, sponsorship, approval, or certification of goods or services;
(iii) Causing likelihood of confusion or of misunderstandingas to affiliation, connection, or association with, or certification by,another;
(iv) Using deceptive representations or designations ofgeographic origin in connection with goods or services;
(v) Representing that goods or services have sponsorship,approval, characteristics, ingredients, uses, benefits, or quantities that theydo not have or that a person has a sponsorship, approval, status, affiliation,or connection that he or she does not have;
(vi) Representing that goods are original or new if they aredeteriorated, altered, reconditioned, reclaimed, used, or secondhand; and ifhousehold goods have been repaired or reconditioned, without conspicuouslynoting the defect which necessitated the repair on the tag which contains thecost to the consumer of the goods;
(vii) Representing that goods or services are of a particularstandard, quality, or grade, or that goods are of a particular style or model,if they are of another;
(viii) Disparaging the goods, services, or business ofanother by false or misleading representation of fact;
(ix) Advertising goods or services with intent not to sellthem as advertised;
(x) Advertising goods or services with intent not to supplyreasonably expectable public demand, unless the advertisement discloses alimitation of quantity;
(xi) Making false or misleading statements of fact concerningthe reasons for, existence of, or amounts of price reductions;
(xii) Engaging in any other conduct that similarly creates alikelihood of confusion or of misunderstanding;
(xiii) Engaging in any act or practice that is unfair ordeceptive to the consumer;
(xiv) Using any other methods, acts or practices whichmislead or deceive members of the public in a material respect;
(xv) Advertising any brand name goods for sale and thenselling substituted brand names in their place;
(xvi) Failure to include the brand name and or manufacturerof goods in any advertisement of the goods for sale, and, if the goods are usedor secondhand, failure to include the information in the advertisement;
(xvii) Advertising claims concerning safety, performance, andcomparative price unless the advertiser, upon request by any person, theconsumer council, or the attorney general, makes available documentationsubstantiating the validity of the claim;
(xviii) Representing that work has been performed on or partsreplaced in goods when the work was not in fact performed or the parts not infact replaced; or
(xix) Failing to separately state the amount charged forlabor and the amount charged for services when requested by the purchaser asprovided for in § 44-18-12(b)(3).
(xx) Advertising for sale at a retail establishment theavailability of a manufacturer's rebate by displaying the net price of theadvertised item (the price of the item after the rebate has been deducted fromthe item's price) in the advertisement, unless the amount of the manufacturer'srebate is provided to the consumer by the retailer at the time of the purchaseof the advertised item. It shall be the retailer's burden to redeem the rebateoffered to the consumer by the manufacturer.
(xxi) [Deleted by P.L. 2007, ch. 31, § 1 and P.L.2007, ch. 38, § 1].