It is a deceptive act or practice for a seller to use terms such as 'sale', 'sales prices', 'now only $______', or other words and phrases that imply a price savings unless the price of the merchandise is reduced by a reasonable amount from the former price of the merchandise. If the seller reduces the price by five percent or more from the former price, a rebuttable presumption exists that the price reduction was of a reasonable amount. However, the term 'sale' may be used in an advertisement where not all items are offered at a reduction from regular price if the items are clearly and conspicuously identified.

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