(A) The term MATERIAL FACT, as used in this section, does not include repairs of damage to or adjustments on or replacements of parts with new parts of otherwise new merchandise if the repairs, adjustments or replacements are made to achieve compliance with factory specifications and are made before sale of the merchandise at retail and the actual cost of any labor and parts charged to or performed by a retailer for any such repairs, adjustments and parts does not exceed $300 or 10% of the actual cost to a retailer including freight of the merchandise, whichever is less; providing that, the seller posts in a conspicuous place notice that repairs, adjustments or replacements will be disclosed upon request. The exemption provided in this division (A) does not apply to the concealment, suppression or omission of a material fact if the purchaser requests disclosure of any repair, adjustment or replacement.
(B) The act, use or employment by a person of an unfair practice, deception, fraud, false pretense, false promise or misrepresentation or the concealment, suppression or omission of a material fact with intent that others rely upon the concealment, suppression or omission, in connection with the lease, sale or advertisement of any merchandise or the solicitation of contributions for charitable purposes, whether or not a person has in fact been misled, deceived or damaged, is an unlawful practice.
(C) It is DECEPTIVE ADVERTISING, within the meaning of this section, for a person to represent in connection with the lease, sale or advertisement of any merchandise that the advertised merchandise has certain performance characteristics, accessories, uses or benefits or that certain services are performed on behalf of clients or customers of that person if, at the time of the representation, no reasonable basis for the claim existed. The burden is on the person making the representation to demonstrate that a reasonable basis for the claim existed.
(D) A retailer who uses advertising for a product, other than a drug or other product claiming to have a health-related benefit or use, prepared by a supplier shall not be liable under this section unless the retailer: participated in the preparation of the advertisement; knew or should have known that the advertisement was deceptive, false or misleading; refused to withdraw the product from sales upon the request of the Attorney General pending a determination of whether the advertisement was deceptive, false or misleading; refused upon the request of the Attorney General to provide the name and address of the supplier; or refused to cooperate with the Attorney General in an action brought against the supplier under this section.
(2013 Code, § 21-47) (Ord. 75, passed 8-14-1950) Penalty, see § 130.999
Statutory reference:
Similar provisions, see I.C.A. § 714.16(2)(a)