Section 10-15-01-03 - Comparison to seller's own former priceIt 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. N.D. Admin Code 10-15-01-03
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