 Connecticut Comparison Price Advertising
Does it seem as though everything is "on sale" nowadays? Do all those claims of dramatic savings leave you confused? Then you should know Connecticut has a COMPARISON PRICE ADVERTISING LAW which requires that "sales" truly be sales and that any claims of savings be substantiated. Here are the facts:
- If the ad claims that an item is on sale, the sale price must be compared against the true price for which the product was previously sold or offered. This includes such terms as "50% Off", "Up to 70% Off", "Save 1/3", "Half-Price Sale", "30% to 70% Off", "Was $20, now Half-Price", "Guaranteed Lowest Prices", "$10 Value, Now $8", "List Price $50, Our Price $29"’ "Clearance Price" or "Liquidation Price".
- The ad must include all relevant conditions and terms of sale in advertisements using terms like "2-for-1", "Half-Price Sale", "1-cent Sale", etc.
- The ad must compare items of similar quality, brand, etc.
- Catalog "sales" must also be based on a reasonably substantiated survey of the usual prices in the trade area.
- If the advertised “sale “ price is compared to a previous one, the previous price must be accurate: more specifically, the price the item was being sold for in the past
90 days immediately preceding the current sale. The seller may use some earlier time
period for comparison, but must then include the date, time or seasonal period when
those sales were made.
- If no merchandise was actually sold at the previous price being used for comparison, then that previous price must be one which the goods were offered at for at least 4 weeks during the 90 days preceding the current sale. Again, if any other item period is used for comparison, the date, time or seasonal period must be disclosed.
- If the ad claims that the "sale" items will be offered at a higher price in the future, that higher pricing must take effect within 90 days after the current “sale” (or it must clearly disclose when the higher pricing will take place).
- If the ad claims "factory to you" or "factory outlet" or "direct from maker", the items must actually be manufactured in the advertiser's factories.
- same thing for "wholesale", "wholesale outlet", "distributor", etc.; they've really got to be wholesalers, selling the majority of their products to retailers or other wholesalers. And "wholesale price" or similar terms must be the true prices retailers customarily pay.
- All good sales must end. The law requires that all ads for "sales" must include a termination date and, the day after the sale ends, the sale items must be returned to their previous prices or at least a price higher than the "sale" price, except for clearance items.
THE INFORMATION CONTAINED IN THIS FACT SHEET REPRESENTS ONLY HIGHLIGHTS OF THE LAW AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ACTUAL LEGISLATION.
Courtesy of Connecticut Department of Consumer Protection
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