§ 5-09 Limitations on Offers.
RCNY § 5-09
(a)Sellers offering consumer goods or services in print advertising and promotional literature must disclose clearly and conspicuously all material exclusions, reservations, limitations, modifications or conditions. A disclosure made in print at least one-third as large as the largest print used in the advertisement or promotional literature satisfies this section. Examples: If the following facts are true, they must be disclosed: (1) In an advertisement for an item sold from more than one location: (i) locations which do not have certain items mentioned and (ii) locations which charge rates higher than those mentioned in the advertisement. Where such locations are not known and cannot be reasonably ascertained, a seller must include the following statement in the advertisement: "Not available at all locations." The seller shall also include a statement in the advertisement that indicates how a consumer may obtain information about the availability of an item at a specific location such as: "Check with your local store for availability." (2) That advertised prices are available only during certain days or times.
(3)That advertised prices are available only if complete sets are purchased.
(4)That minimum or maximum amounts must be purchased for advertised prices to apply.
(5)That there are trade-in requirements.
(6)That there are additional charges for delivery or for mail orders.
(b)Offers in radio or television advertising must include oral statements of any material exclusions, limitations, modifications or conditions.
(c)This section does not apply when another law or regulation specifically provides a different rule for the disclosure of exclusions, reservations, limitations, modifications or conditions.
