§ 387-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMISSIONER

The Commissioner of Consumer Affairs.

CONSUMER

An individual who buys or leases or agrees to buy or lease consumer goods or services or credit, including a coguarantor or surety.

CONSUMER GOODS, SERVICES, CREDIT AND DEBTS

Those which are primarily for personal, household or family purposes.

DECEPTIVE TRADE PRACTICES

Any false, falsely disparaging or misleading oral or written statement, visual description or other representation of any kind, which has the capacity, tendency or effect of deceiving or misleading consumers and is made in connection with the sale, lease, rental or loan of consumer goods or services, the offering for sale, lease, rental or loan of consumer goods or services, the extension of consumer credit or the collection of consumer debts. Deceptive trade practices include, but are not limited to:

A. 

Representations that:

(1) 

Goods or services have sponsorship, approval, accessories, characteristics, ingredients, uses, benefits or quantities that they do not have.

(2) 

The seller has a sponsorship, approval, status, affiliation or connection that he does not have.

(3) 

Goods are original or new if they are deteriorated, altered, reconditioned, reclaimed or secondhand.

(4) 

Goods or services are of a particular standard, quality, grade, style or model, if they are of another.

B. 

The use, in any oral or written representation, of exaggeration, innuendo or ambiguity as to a material fact.

C. 

Failure to state a material fact if such use or failure deceived or tends to deceive.

D. 

Disparaging the goods, services or business of another by false or misleading representations of material facts.

E. 

Offering goods or services without intent to sell them.

F. 

Offering goods or services without intent to supply reasonably expectable public demand, unless the offer disclosed the limitation.

G. 

Making false or misleading representations of fact concerning the reason for, existence of or amounts of price reductions or the price in comparison to prices of competitors or one's own price at a past or future time.

H. 

Falsely stating that a consumer transaction involves consumer rights, remedies or obligations.

I. 

Falsely stating that services, replacements or repairs are needed.

J. 

Falsely stating the reasons for offering or supplying goods or services at sale or discount prices.

K. 

The failure by any person engaged in the delivery, pickup, inspection or repair of consumer goods in the home to keep an appointment to perform the delivery of consumer goods and/or services on the day agreed upon with the consumer unless the consumer has received written or verbal notice of delay or cancellation before the end of the preceding business day. This provision shall not apply to the sale or delivery of utility services, home-improvement contractors working under a contract, requests by consumers for same-day emergency service, cancellations of appointments by the consumer, delays caused by the consumer or failures to keep an appointment caused by strike or natural disaster. If unexpected circumstances, such as a mechanical breakdown, preclude notification by the end of the preceding business day, then no violation shall occur if actual notice is given to the consumer as soon as practicably possible.

PERSON

Any individual, corporation, unincorporated association, firm, partnership, organization or other entity.

SELLER

A manufacturer, supplier, merchant, lessor or creditor or other person who makes consumer goods available to consumers, either directly or indirectly.

UNCONSCIONABLE TRADE PRACTICE

Any act or practice which unfairly takes advantage of the lack of knowledge, ability, experience or capacity of the consumer or which results in a gross disparity between the value received by a consumer and the price paid by the consumer. Unconscionable trade practices shall include any acts or practices which unfairly take advantage of a sudden disaster, such as hurricanes, tornadoes, flooding, blizzards, explosions, airplane crashes, earthquakes, nuclear war, radiological emergencies, war, civil unrest or disobedience or acts of God, and comparable acts which result in gross disparity between the value received by a consumer and the price ordinarily paid by the consumer in the absence of one of these above occurrences. The existence of such a disaster shall be established, for the purposes of this chapter, by a written declaration by either the County Executive or a majority of the entire membership of the County Legislature. The Commissioner shall initiate investigation of such unconscionable trade practices immediately after any one of the natural disasters or other acts of God described above.

[Amended 11-12-1985 by L.L. No. 35-1985]

Added 5-28-1985 by L.L. No. 20-1985