(a)  It shall be an unfair or deceptive act or practice for a seller to make any price comparison:

(1)  Based upon a price other than one at which the consumer property was either sold or offered for sale by the seller or a competitor, or will be sold or offered for sale by the seller in the future, in the regular course of business in the trade area in which the price comparison is made;

(2)  In which the consumer property materially differs in composition; grade or quality; style or design; model; name or brand; kind or variety; or service and performance characteristics; unless the general nature of the material differences is conspicuously disclosed in the advertisement with the price comparison, or the class of property being offered is similar to but is of superior quality grade, materials, or draftsmanship than the consumer property to which the seller is comparing its product; or

(3)  Unless all the material price terms and conditions of any offer that are based upon the purchase of other merchandise are conspicuously disclosed. Those types of offers shall include, but are not limited to “free”; “two for one”; “two-fer”; “half-price sale”; “one cent sale”; “fifty percent off “; or other similar type of offer.

Terms Used In Rhode Island General Laws 6-13.2-4

  • Advertisement: means any oral, written, or graphic statement or representation made in connection with the solicitation of business in any manner for the purpose of soliciting a consumer in this state by a seller and includes, without limitation because of enumeration, statements and representations, but does not include price tags or in-store signs, or printed in any sales literature or brochure excepting catalogs. See Rhode Island General Laws 6-13.2-2
  • consumer property: includes "merchandise";

    (3)  "Date" as applied to "date on which a price comparison is stated in the advertisement" in newspapers or other printed publications, means either the date of publication or distribution or the date on which the completed advertising copy is submitted to the printer for final printing and publication, provided the submission date does not exceed thirty (30) days from the date of actual publication or distribution;

    (4)  "Precious metal" means metals that are prized because of chemical and physical properties (notably resistant to corrosion, hardness, strength, and beauty) desirable in jewelry, coinage, and objects of art, and that are at the same time relatively rare or inexpensive. See Rhode Island General Laws 6-13.2-2

  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Price comparison: means the comparison, whether or not expressed wholly or in part in dollars, cents, fractions or percentages, in an advertisement of a seller's current price for consumer property or services with any other price or statement of value for consumer property, whether or not these prices are actually stated in the advertisement; or, the making of price reductions claims or savings claims with respect to the seller's current price. See Rhode Island General Laws 6-13.2-2
  • Sale: means a reduction from the seller's price at which consumer property is offered to the public for a fixed period of time; and

    (8)  "Seller" means a person engaged in the sale of consumer property and includes individuals, corporations, partnerships, associations, and any other form of business organization or entity. See Rhode Island General Laws 6-13.2-2

(b)  No price comparison under this section may be made by a seller based on a price that exceeds his or her cost plus normal markup regularly used by him or her in the sale of that property, or consumer property or services of like kind.

History of Section.
P.L. 1992, ch. 408, § 1; P.L. 2014, ch. 528, § 11.