Section 470.220  Comparison to Seller's Own Former (Regular) Prices

It is an unfair or deceptive act for a seller to compare current price with its former (regular) price for any product or service, (for example:  "$99, Now $69 – Save $30"; "Regularly $99, Now $69"; "Originally $99, Now $69"; "Save $30, Now $69") unless one of the following criteria are met:

a)         the former (regular) price is equal to or below the price(s) at which the seller made a substantial number of sales of such products in the recent regular course of its business; or

b)         the former (regular) price is equal to or below the price(s) at which the seller offered the product for a reasonably substantial period of time in the recent regular course of its business, openly and actively and in good faith, with an intent to sell the product at that price(s).