No person shall act, use or employ any deception, fraud, false pretense, false promise, misrepresentation, or to conceal, suppress, or omit any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale for cash or on credit or the advertisement of any merchandise, whether or not any person has in fact been misled; provided, however, that nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein such advertisement appears or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser; and provided, further, that nothing herein contained shall apply to any advertisement which is subject to and complies with the rules and regulations of, and the statutes administered by the Federal Trade Commission or by the State of Illinois.
A person engages in a deceptive trade practice when, in the course of his business, vocation or occupation, he:
(1). Represents that merchandise is new, if it is deteriorated, altered, reconditioned, reclaimed, used or secondhand;
(2). Represents that merchandise or services are of a particular standard, grade or quality, or that merchandise is represented to be of a particular style or model, if they are of another;
(3). Fails to deliver ordered merchandise within a period of sixty (60) days from the date of order or contract, unless otherwise provided therein, unless the customer is notified in writing of the reason for the delay and such merchandise is delivered in less than a total of ninety (90) days, or a refund is offered within ninety (90) days of the date of the order or contract;
(4). Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions, or engaging in any other pricing conduct causing confusion or misunderstanding;
(5). Represents that merchandise or services are those of another, when, in fact, they are not;
(6). Causes likelihood of confusion or misunderstanding concerning the source, sponsorship, approval or certification of merchandise or services;
(7). Causes likelihood of confusion or misunderstanding as to affiliation, connection or association with, or certification by another;
(8). Represents that merchandise 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 does not have;
(9). Fails to state a material fact, if such failure tends to deceive or mislead;
(10). Charges a higher amount of tax than the legal rate set forth by laws and regulations existing at the time of sale; or
(11). Advertises for sale at a stated price any merchandise when sufficient quantities of said advertised items are not readily available to be sold to purchasers at the advertised price during the effective period of the advertisement for sale. For the purposes of this subsection, "readily available" shall mean available to the customer in an area of the store normally used to display this type of merchandise, except in a case where the space available for the items is limited, a sample of the items may be placed in a prominent location, accompanied by a prominent, written notice clearly stating that the items are in stock and may be obtained upon request and, "sufficient quantities" shall mean available in quantities sufficient to meet reasonably expected customer demand through medium response. (Ord. 1429, 4-1 5-85)