§ 50-292. Unlawful practices.

A person engages in a business practice which is declared to be unlawful under this article when, in the course of his business and in connection with a consumer transaction, he:

(1)

Represents that merchandise is of a particular make or brand, when it is of another;

(2)

Makes a false representation as to the source, sponsorship, approval or certification of merchandise;

(3)

Makes a false representation as to his affiliation, connection or association with, or certification by, another;

(4)

Makes a false representation or designation of the geographic origin of merchandise;

(5)

Makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of merchandise or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith;

(6)

Represents that merchandise is original or new if he knows that it is reconditioned, reclaimed, used or secondhand;

(7)

Represents that merchandise is of a particular standard, style or model, if it is of another;

(8)

Advertises merchandise with intent not to sell it as advertised;

(9)

Advertises merchandise with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(10)

Advertises under the guise of offering employment opportunities when in fact the purpose is to sell merchandise to the applicants;

(11)

Makes false and misleading statements of fact concerning the price of merchandise or the reason for, existence of or amounts of a price reduction;

(12)

States that a consumer transaction involves rights, remedies or obligations that it does not involve; or

(13)

Employs bait and switch advertising, which consists of an offer to sell merchandise which the seller does not intend to sell, which advertising is accompanied by one or more of the following practices:

a.

Refusal to show the merchandise advertised;

b.

Misleading disparagement in any respect of the advertised merchandise or the terms of sale;

c.

Requiring undisclosed tie-in sales or other undisclosed conditions to be met prior to selling the advertised merchandise;

d.

Refusal to take orders for the merchandise advertised for delivery within a reasonable time;

e.

Showing or demonstrating defective merchandise which the seller knows is unusable or impracticable for the purpose set forth in the advertisement;

f.

Accepting a deposit for the merchandise and subsequently charging the buyer for a higher priced item, unless requested to do so by the buyer; or

g.

Failure without good cause to either make deliveries of the merchandise within a reasonable time or to make a refund therefor upon the request of the purchaser.

(Code of Gen. Ords. 1967, § 26.251; Ord. No. 41718, 1-26-73)