Ohio Admin. Code 109:4-3-02 - Exclusions and limitations in advertisements
(A)
(1) It
is a deceptive act or practice in connection with a consumer transaction for a
supplier, in the sale or offering for sale of goods or services, to make any
offer in written or printed advertising or promotional literature without
stating clearly and conspicuously in close proximity to the words stating the
offer any material exclusions, reservations, limitations, modifications, or
conditions. Disclosure shall be easily legible to anyone reading the
advertising or promotional literature and shall be sufficiently specific so as
to leave no reasonable probability that the terms of the offer might be
misunderstood.
(2) The following
are examples of the types of material exclusions, reservations, limitations,
modifications, or conditions of offers which must be clearly stated:
(a) An advertisement for any motor vehicle
must disclose the amount of any additional charge for any of the features
displayed in the advertisement.
(b)
An advertisement for an article of clothing must state that there is an
additional charge for sizes above or below a certain size if such is the
case.
(c) An advertisement which
offers floor covering with an additional charge for room sizes above or below a
certain size must disclose the nature and amount of any additional
charge.
(d)
(i) An advertisement for a service or item of
goods sold from more than one outlet under the direct control of the supplier
causing the advertisement to be made must state:
(a) Which outlets within the area served by
the publication in which the advertisement appears either have or do not have
certain features mentioned in the advertisement;
(b) Which outlets within the area served by
the publication in which the advertisement appears charge rates higher than the
rate mentioned in the advertisement. For example: "Car Rental - seven dollars a
day at the Main Street office - all other locations are more."
(ii) An advertisement for a
service or item of goods sold from outlets not under the direct control of the
supplier causing the advertisement to be made does not violate paragraph
(A)(2)(d)(i)(a) or (A)(2)(d)(i)(b) of this rule if it states that the service
or item of goods is available only at participating independent
dealers.
(e) If the
advertised price is available only during certain hours of the day or certain
days of the week, that fact must be stated along with the hours and days the
price is available.
(f) If the
advertisement involves or pictures more than one item of goods (for example: a
table and chairs) and the advertised price applies only if the complete set is
purchased, that fact must be stated.
(g) If there is a minimum amount (or maximum
amount) that must be purchased for the advertised price to apply, that fact
must be stated.
(h) If an
advertisement specifies a price for an item of goods which includes a trade-in,
that fact must be stated. For example: "four tires for fifty dollars plus four
tires off your car."
(i) If there
is an additional charge for delivery or mail orders, that fact must be
disclosed.
(j) If an advertisement
offers a rebate that requires repeat purchases by a consumer, that information
must be disclosed, including, but not limited to, the required number of
purchases, the amount of each of the purchases, the time frame over which the
purchases need to be made, and any other actions required by the consumer to
redeem the rebate.
(3)
These examples are intended to be illustrative only and do not limit the scope
of any section of the Revised Code or of this or any other rule or
regulation.
(B) Offers
made through any audio or audiovisual medium including
advertisements via radio,
or television, or
an online or digital medium,
advertising must be preceded or immediately
followed by a conspicuously clear and oral
or written statement of any
material exclusions, reservations, limitations,
modifications, or conditions. Oral disclosures in audio
or audiovisual advertisements must be spoken with sufficient deliberateness,
clarity, and volume so as to afford a consumer a reasonable opportunity to hear
and understand them. Written disclosures in audiovisual advertisements should
appear in a form and for a duration sufficient to afford a consumer a
reasonable opportunity to read and understand them.
(C) A statement of exclusions, reservations,
limitations, modifications, or conditions which appears in a footnote to an
advertisement to which reference is made in the advertisement by an asterisk or
other symbol placed next to the offer being limited is not in close proximity
to the words stating the offer.
(D)
It is a deceptive act or practice in connection with an offer made
on the internet
through any online or digital medium , to make any
offer without stating clearly and conspicuously, in close proximity to the
words stating the offer, any material exclusions, reservations, limitations,
modifications, or conditions. Disclosures should be as near to, and if possible
on the same screen, as the triggering offer. If scrolling or a hyperlink is
necessary to view the disclosure, the advertisement should guide consumers with
obvious terms or instructions to scroll down or click on the hyperlink.
Hyperlinked disclosures should lead directly to the disclosed information and
not require scrolling or clicking on any additional hyperlinks.
Notes
Promulgated Under: 119.03
Statutory Authority: 1345.05
Rule Amplifies: 1345.02
Prior Effective Dates: 05/01/1975, 07/18/2009
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