ATCP 109.02ATCP 109.02 Prohibited trade practices. No person advertising, offering for sale or selling any wholesale cut or food service plan shall engage in any unfair methods of competition or unfair trade practices, and particularly including, but not limited to the following: ATCP 109.02(1)(a)(a) Disparage or degrade any product advertised or offered for sale by the seller, or display any product or depiction thereof to any buyer in such a manner as would be likely to discourage the sale of the advertised or offered product, in order to induce the purchase of another product, or represent that a product is for sale when such representation is used primarily to sell another product. ATCP 109.02(1)(b)(b) Substitute any product for that ordered by the buyer without the buyer’s consent. ATCP 109.02(1)(c)(c) Fail to have available a sufficient quantity of any product represented as being for sale to meet reasonably anticipated demands, unless the available amount is disclosed fully and conspicuously. ATCP 109.02(2)(a)(a) Misrepresent to the buyer that the buyer is being given an introductory, confidential, close-out, going out of business, factory, packer, special or wholesale price or discount, grand opening or any similar price concession. Grand opening sales shall not extend more than 21 days after the first announcement of the promotion. ATCP 109.02(2)(b)(b) Offer any gift or prize, without fully and conspicuously disclosing all terms of the offer, including all rules, conditions and the expiration date of the offer. Any gift or prize offered shall be given at the time any potential recipient qualifies for the gift or prize as set forth in the offer. ATCP 109.02(2)(c)(c) Misrepresent that insurance or some other form of protection is available to the buyer, or misrepresent the terms, conditions or limitations thereof. ATCP 109.02(2)(d)(d) Misrepresent that the buyer will receive certain benefits or privileges from payment of a membership fee or similar charge, or fail to furnish to the buyer prior to the signing of any contract a written statement of all such benefits and privileges. ATCP 109.02(3)(a)(a) Use any price list related to the seller’s food service plan which contains prices other than the seller’s current billing prices. ATCP 109.02(3)(b)(b) Fail to furnish to, and leave with the buyer prior to the signing of any contract or the placing of any order pursuant to the contract, a written copy of a current price list which shall contain an accurate description and the billing price of each product on the list including, whenever applicable, for food products: grade, net weight or measure, brand or trade name; and for non-food products: brand or trade name, model number and year, size or capacity. All price lists shall conspicuously specify an expiration date. Orders placed with the seller prior to the expiration date shall be billed at the prices set forth in such current price list. ATCP 109.02(3)(c)(c) Misrepresent the amount of money that the buyer will save on purchases of any product or compare the seller’s prices either with prices of other sellers not selling in the same trade area or with prices of products which are not of the same grade or quality. ATCP 109.02(3)(d)(d) Represent to the buyer that a specified amount of food products or the cost thereof is sufficient to meet the requirements of the buyer. Any computation as to amount of food required shall be determined solely by the buyer, except that the seller may furnish current official government data on average food consumption and costs. A written itemization of all food to be sold, with the price and accurate description of each item including, whenever applicable, grade, net weight or measure, and brand or trade name shall be furnished to the buyer prior to the signing of any contract. ATCP 109.02(3)(e)(e) Misrepresent that the buyer can purchase all or most of the buyer’s food requirements, or any non-food product in connection with a food service plan. ATCP 109.02(4)(a)(a) Represent that the same products and services offered for sale by the seller of a food service plan will be available to the buyer from sellers in other areas without payment of another membership fee or similar charge by the buyer unless the seller agrees to refund such membership fee or similar charge in full if the seller cannot arrange for the buyer to receive such products and services elsewhere. ATCP 109.02(4)(b)(b) Make any promise, either to exchange unsatisfactory food products or to give a refund therefor, which expires in less than 60 days from the date of delivery of such products, or fail to honor such promise, where through no fault of the buyer, said food does not meet minimum standards of quality expected by the ordinary consumer. ATCP 109.02(4)(c)(c) Give any guarantee or warranty which is not clear and specific or with which the seller is unable to comply; or misrepresent that someone else is the guarantor or warrantor of any product or service, or fail to furnish the buyer with a copy of such guarantee or warranty. ATCP 109.02(5)(a)(a) Represent that a person is, or that the seller will provide the service of, a nutritionist or home economist, unless such person has completed specialized training in such fields or is otherwise technically qualified. ATCP 109.02(5)(b)(b) Misrepresent that the seller, products or service have been approved by any better business bureau, chamber of commerce, service club, financial institution, government agency or any other commercial or civic organization, or any official or employee thereof, or that the seller is a member of such organization. ATCP 109.02(6)(a)(a) Misrepresent or fail to disclose fully and conspicuously at the time of the sale, the name of the financing institution or contract assignee, if any. ATCP 109.02(6)(b)(b) Fail to advise the buyer before signing any contract that the contract may be transferred or assigned to a financial institution or other third party and payment enforced by them. ATCP 109.02(6)(c)(c) Misrepresent the total amount that the buyer will be obligated to pay. ATCP 109.02(6)(d)(d) Misrepresent that the offer or sale or any part thereof is made on a trial basis, or fail to disclose fully and conspicuously that the buyer must pay a membership fee or similar charge in full if such payment is required.