It is a deceptive act or practice for a seller to compare the seller's current price with the seller's former price for any merchandise unless:

1. The former price is a price at which a substantial number of sales were made by the seller during the three months immediately preceding the price comparison;

2. The former price is a price at which a substantial number of sales were made by the seller and the seller clearly and conspicuously discloses the dates during which a substantial number of sales were made by the seller at the former price; or

3. The former price is a price at which the seller offered the merchandise for a reasonably substantial period of time in the recent, regular course of its business, openly, actively, and in good faith, with an intent to sell the merchandise at that price.

History: Effective January 1, 1994.

General Authority: NDCC 51-12-09, 51-15-05, 54-12-17

Law Implemented: NDCC 51-12-09, 51-15-01, 51-15-02