§16-303-7 Availability of advertised merchandise.
(a) Consumers rightfully expect advertisements of merchandise to represent a bona fide intent to make such merchandise available to all those attracted to the place of business to purchase the advertised merchandise, unless the advertisement discloses that quantities of such merchandise are limited.
(b) It shall be an unfair or deceptive act or practice for any seller to:
(1) Fail to clearly and conspicuously identify in any advertisement any merchandise that is not available in quantities sufficient to meet reasonably anticipated demands by stating:
(A) The quantity of such merchandise available; or
(B) That such merchandise is available in limited quantity or words of similar import; or
(2) Fail to state in any advertisement the quantity of merchandise which may be purchased at the advertised price by an individual consumer, when there is such a limitation; or
(3) Fail to have the advertised merchandise available at or below the advertised price for the period during which the advertised price will be effective, provided that it shall be a defense under this paragraph if the seller can demonstrate and document that the advertised offer was made in good faith, based on the fact that the advertised merchandise was ordered in adequate time for delivery in quantities sufficient to meet reasonably anticipated demands, and that the unavailability of merchandise was due to circumstances beyond the control of the seller; or
(4) Fail to have the advertised merchandise conspicuously and readily available at or below the advertised price during the effective period covered by the advertisement. If not conspicuously andreadily available, clear and adequate notice shall be provided that the merchandise is in stock and may be obtained upon request; however all circumstances surrounding failure to have advertised merchandise conspicuously and readily available at or below advertised prices will be considered in determining whether the act or practice is deemed to be unfair or deceptive under this paragraph; or
(5) Use any text, statements, illustrations, drawings, or photographs in advertisements which do not fairly describe or depict the advertised merchandise; or
(6) Fail to specifically, clearly, and conspicuously disclose in all advertisements any exception, limitation, or restriction applicable to individual stores in a chain.
(c) In determining whether the act or practice is deemed to be unfair or deceptive under this section, the following may be considered:
(1) The availability of a rain check policy or similar policy which will not, in and of itself, constitute compliance with this section;
(2) A pattern of conduct indicating an intent to not fulfill the reasonably anticipated demand for advertised merchandise; and
(3)The point in time the advertised merchandise became unavailable.
(d) This section shall not apply to:
(1) Any oral statements or representations made at the seller’s place of business, or to any statements or representations contained on any label, tag, or sign attached to, printed on, or accompanying merchandise in the seller’s place of business; or
(2) Any statements or representations made in a catalog designed primarily for direct sales to consumers, rather than to attract consumers to the seller’s place of business. [Eff 6/19/81] (Auth: HRS §487-5) (Imp: HRS §§480-2, 487-5)