Sec. 42-217. Penalties. Defenses.
130 words·~1 min read·
/ct/title-42/chapter-743e-rainchecks/42-217·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A violation of any of the provisions of this chapter shall be deemed an unfair or deceptive trade practice under chapter 735a.
(b)It shall be a defense to any charge brought in accordance with the provisions of chapter 735a, concerning unfair trade practices, pursuant to subsection
(a)of this section, that a retailer ordered the advertised merchandise which was the subject of the sale, in adequate time for delivery and such merchandise was delivered to the store in quantities sufficient to meet reasonably anticipated demand for such merchandise.
(c)The defense provided for in subsection
(b)of this section shall not relieve a retailer of the obligation to offer a rain check or comparable or similar merchandise to consumers in accordance with the provisions of section 42-215 .