445.314 Advertisements; requirements; guarantee; notification of availability of items; applicability of section to certain goods.

553 words·~3 min read·/mi/chapter-445/445-314

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Sec. 4.

(1)A person shall not knowingly advertise the availability of a consumer item for sale at retail at a sale or special price, or as being reduced in price by an amount or proportion, unless the advertisement meets all of the following:

(a)It includes the dates that item is available at the advertised price, or the quantity available at the advertised price.

(b)If applicable, it states that the item is available at that price only as long as the advertised quantity lasts or as long as quantities or supplies last.

(c)If there is a limitation on the quantity available of a consumer item to each customer, that limitation is clearly disclosed.

(2)If a person advertises a consumer item at a specific price that is not indicated to be a special, sale, or reduced price, the advertiser shall do 1 of the following:

(a)Make the consumer item available at the advertised price for not less than 5 days after the date the consumer item was last advertised. If the item is not available for that period of time, the requirements of subsection

(3)apply. The advertiser is not required to make the consumer item available nor fulfill the requirements of subsection

(3)if the unavailability of the consumer item is due to a governmental action, a plant closing, or an act of God and if the specific cause of the unavailability of the consumer item is posted conspicuously for review by the consumer.

(b)Indicate in the advertisement the dates the consumer item is available at the advertised price. If the item is not available for those dates, the requirements of subsection

(3)apply.

(c)Indicate in the advertisement the quantity of the consumer item that is available at the advertised price and include in the advertisement that the consumer item is available at the advertised price only as long as the stated quantity lasts.

(3)If an advertisement under this section does not state the quantity of a consumer item available or meet the requirements of subsection

(1)or (2)(c), and if the consumer item cannot be sold at the advertised price throughout the advertised period of sale, the advertiser shall make available to the customer a written guarantee to deliver under the advertised conditions the consumer item at a future date stated in the guarantee, or when notified by the advertiser that the item is available. If the advertised consumer item cannot be obtained to satisfy the condition of the guarantee, the advertiser may provide a similar consumer item of equal or greater monetary value.

(4)If an advertiser elects in a written guarantee under subsection

(3)to notify a consumer when a consumer item will be available, the notification of availability shall take place within 90 days after the guarantee is given. After the notice of availability is given, the advertiser shall hold the consumer item for delivery to the customer for at least 7 days, except the advertiser is required to hold the consumer item for only 2 days if it is a perishable item.

(5)This section does not apply to baked goods, fresh fruit, or fresh vegetables.

History: 2011, Act 15 , Eff. Sept. 1, 2011