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T A B L E O F C O N T E N T S P RT I A ... - Broome County

T A B L E O F C O N T E N T S P RT I A ... - Broome County

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§ 102-5 CONSUMER PROTECTION § 102-5<br />

(4) Goods or services are of a particular standard, quality, grade, style or model if they<br />

are of another.<br />

B. The use, in any oral or written representation, of exaggeration, innuendo or ambiguity as<br />

to a material fact.<br />

C. Failure to state a material fact if such use or failure deceives or tends to deceive.<br />

D. Disparaging the goods, services or business of another by false or misleading<br />

representation of material facts.<br />

E. Consistently offering goods or services without intent to supply reasonably expectable<br />

public demand, unless the offer discloses the limitation.<br />

F. Offering goods or services without intent to sell them.<br />

G. Making false or misleading representations of fact concerning the reason for or existence<br />

of or amounts of price reductions, or the price in comparison to the prices of competitors<br />

or one's own price at a past or future time.<br />

H. Falsely stating that a consumer transaction involves consumer rights, remedies or<br />

obligations.<br />

I. Falsely stating that services, replacements or repairs are needed.<br />

J. Falsely stating the reasons for offering or supplying goods or services at sale or discount<br />

prices.<br />

K. Communicating with the debtor or any member of his family or household with such<br />

frequency or at such unusual hours or in such a manner as can reasonably be expected to<br />

abuse or harass the debtor. Such communications with the debtor or any member of his<br />

or her family at the debtor's home between the hours of 10:00 p.m. and 6:30 a.m. shall<br />

be deemed a violation of this subsection.<br />

L. Any deception, fraud, false pretense, false premise, misrepresentation or the knowing<br />

concealment, suppression or omission of any material fact with the intent that consumers<br />

rely upon such concealment, suppression or omission in connection with the sale or<br />

advertisement of any merchandise or with the subsequent performance of person<br />

aforesaid, whether or not any person has, in fact, been misled, deceived or damaged<br />

hereby.<br />

M. Use of the word "free," except as herein provided:<br />

(1) When making free or similar offers, all substantial terms, conditions and<br />

obligations upon which the right to take advantage of such offer is directly<br />

dependent shall appear in close conjunction with the offer of free merchandise or<br />

service, and in a manner which is as prominent as the offer of free merchandise or<br />

service. For the purpose of this regulation, placement of the terms of an offer set<br />

forth in a footnote of an advertisement to which the reference is made by an<br />

asterisk or other symbol placed next to the offer is not in close conjunction.<br />

102:3 02 - 01 - 2010

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