Unfair trade practices are hereby declared to be unlawful and prohibited. "Unfair trade practices" mean any act, omission or practice undertaken by a merchant which unfairly takes advantage of the lack of knowledge, ability, experience or capacity of a consumer, or results in a gross disparity between the value received by a consumer and the price paid, in the consumer's detriment; provided that no act or practice shall be deemed unconscionable under this code unless declared unconscionable and described with reasonable particularity in a local law, or in a ruling promulgated by the Director of Safety. In promulgating such rulings the Director shall consider among other factors:
(a) Knowledge by merchants engaging in the act or practice of the inability of consumers to receive properly anticipated benefits from the goods or services involved;
(b) Gross disparity between the price of goods or services and their value measured by the price at which similar goods or services are readily obtained by other consumers;
(c) Definitions of unconscionability in statutes, regulations, rulings, and decisions of legislative or judicial bodies in this State or elsewhere.
(Ord. 8824-2001. Passed 10-2-01.)