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Utah Consumer Sales Practices Act
The Utah Consumer Sales Practices Act gives the Utah consumer protection from bait advertising and the inevitable "I'm sorry that item is not available but let me show you this one". The law makes it a deceptive practice to pretend to have a product for sale when in fact there is no intention to sell or maybe even have that product in the store. It is bait advertising to lure you into the store promising one item but intending to talk you into buying another product. It is also bait advertising if a particular model is used in the advertisement and store only has more expensive models for sale. There are many other deceptive practices that fall under this law.
Examples include:
- Discouraging the purchase of the advertised consumer product in order to sell a higher priced one that doesn't fit your stated need.
- Refusing to show or sell the consumer an advertised item.
- Talking down the advertised item or the items guarantee or availability of service.
- Failing to have available at all outlets listed in the advertisement a sufficient quantity to reasonably meet anticipated demand, unless the advertisement clearly says limited quantity or "only available at...."
- Failing to give rain checks to consumers where the advertisement does not disclose that there is a limited quantity available unless the store always has its rain check policy clearly posted.
- Using a sales plan or compensation designed to prevent or discourage salespersons from selling the advertised consumer product.
- Demonstrating an advertised consumer product in such a way that it makes the product look inferior.
- Saying in the advertisement that the sale is a "going out of business sale" or triggered by some financial crisis when is not true.
- Misrepresenting the former price, savings, or quality of the product sold.
Recognize bait advertising and stay away. If you have been caught in one of these schemes call the Utah Attorney general.
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