§ 78-53. Acts constituting deceptive trade practices - Prima facie evidence of intent to injure competitors.

A.  A person engages in a deceptive trade practice when in the course of business, vocation, or occupation, the person:

1.  Passes off goods or services as those of another;

2.  Knowingly makes a false representation as to the source, sponsorship, approval, or certification of goods or services;

3.  Knowingly makes a false representation as to affiliation, connection, association with, or certification by another;

4.  Uses deceptive representations or designations of geographic origin in connection with goods or services;

5.  Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation, or connection of a person therewith;

6.  Represents that goods are original or new if they are not;

7.  Represents that goods or services are a particular standard, quality, or grade, or that goods are a particular style or model, if they are another;

8.  Disparages the goods, services, or business of another by false or misleading representation of fact;

9.  Advertises goods or services which differ from those offered for sale in the advertisements;

10.  Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

11.  Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;

12.  Advertises the price of an item after deduction of a rebate unless the actual selling price is advertised and clear and conspicuous notice is given in the advertisement that a mail-in rebate is required to achieve the lower net price;

13.  Misrepresents the geographic location of the supplier by listing a fictitious business name or an assumed business name in a local telephone directory if:

a.the name misrepresents the geographic location of the supplier,

b.the listing fails to identify the locality and state of the business of the supplier,

c.calls to the local telephone number are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the local telephone directory, or

d.the business location of the supplier is located in a county that is not contiguous to a county in the calling area covered by the local telephone directory; or

14.  Lists a fictitious business name or assumed business name in a directory assistance database if:

a.the name misrepresents the geographic location of the supplier,

b.calls to the local telephone number are routinely forwarded or otherwise transferred to a business location that is outside the local calling area, or

c.the business location of the supplier is located in a county that is not contiguous to a county in the local calling area.

B.  Evidence that a person has engaged in a deceptive trade practice shall be prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

C.  The deceptive trade practices listed in this section are in addition to and do not limit the types of unfair trade practices actionable at common law or under other statutes of this state.

Added by Laws 1965, c. 234, § 3.  Amended by Laws 1997, c. 139, § 1, eff. Nov. 1, 1997; Laws 1998, c. 162, § 2, eff. July 1, 1998; Laws 2004, c. 169, § 3, emerg. eff. April 27, 2004.