TITLE 14: COMMERCE
SUBTITLE B: CONSUMER PROTECTION
CHAPTER II: ATTORNEY GENERAL
PART 470 RETAIL ADVERTISING
SECTION 470.220 COMPARISON TO SELLER'S OWN FORMER (REGULAR) PRICES


 

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).