727.02 DECEPTIVE ACTS OR PRACTICES.

   (a)   No supplier shall commit a deceptive act or practice in connection with a consumer transaction. Such deceptive act or practice by a supplier violates this section whether it occurs before, during or after the transaction.

   Without limiting the scope of the foregoing, an act or practice of a supplier in representing any of the following is deceptive:

       (1)   That the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses or benefits it does not have;

       (2)   That the subject of a consumer transaction is of a particular standard, quality, grade, style, prescription or model if it is not;

       (3)   That the subject of a consumer transaction is new or unused, if it is not;

       (4)   That the subject of a consumer transaction is available to the consumer for a reason that does not exist;

       (5)   That the subject of a consumer transaction has been supplied in accordance with a previous representation, if it has not, excepted that the act of a supplier in furnishing similar merchandise of equal or greater value as a good faith substitute does not violate this section;

       (6)   That replacement or repair is needed, if it is not;

       (7)   That a specific price advantage exists, if it does not;

       (8)   That the supplier has a sponsorship, approval or affiliation he does not have;

       (9)   That a consumer transaction involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms, or other rights, remedies or obligations if the representation is false;

      (10)   That goods or services will be supplied at an estimated price given to the consumer to induce the transaction when in fact the actual charges exceed by more than ten percent (10%), unless prior approval to exceed the estimate is given to the supplier by the consumer.

   (b)   No supplier shall offer to a consumer or represent that a consumer will receive a rebate, discount or other benefit as an inducement for entering into a consumer transaction in return for giving the supplier the names of prospective consumers, or otherwise helping the supplier to enter into other consumer transactions, if earning the benefit is contingent upon an event occurring after the consumer enters into the transaction. (Ord. 89127. Passed 4-2-75.)