Unfair trade practices are hereby declared to be unlawful and prohibited. "Unfair trade practices" means any act, omission or practice undertaken by a merchant which is false, deceptive or misleading and results in or is intended to result in a consumer transaction. Unfair trade practices include but are not limited to the following:
(a) Passing off goods or services as those of another;
(b) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;
(c) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by another;
(d) Using deceptive representations or designations of geographic origin in connection with goods or services;
(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he or she does not have;
(f) Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or second-hand;
(g) 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;
(h) Disparaging the goods, services or business of another by false or misleading representation of fact;
(i) Advertising goods or services with intent not to sell them as advertised;
(j) Advertising goods or services with intent not to supply reasonably expectable public demand unless the advertisement discloses a limitation of quantity;
(k) Making false or misleading statements of fact concerning reasons for, existence of or amounts of price reductions;
(l) Representing that the consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law;
(m) Representing that a part, replacement or repair service is needed when it is not;
(n) Representing that the subject of a consumer transaction has been supplied in accordance with a previous representation when it is not;
(o) Causing likelihood of confusion or of misunderstanding with respect to the authority of a salesman, representative or agent to negotiate the final terms of a transaction with a consumer;
(p) Engaging in any other act or practice which similarly creates a likelihood of deceiving or misleading the consumer;
(q) Definitions and specifications of unfair trade practices contained in rules and regulations promulgated by the Director.
(Ord. 01-148. Passed 10-2-01.)