Table of Contents Sec. 42-215. Sale at discount to include raincheck. Exemptions. Notice. Comparable merchandise. (a) No person, firm, corporation, partnership or association shall
sell, offer for sale or advertise items of merchandise for sale at a discount from the
normal retail price without offering a written voucher, commonly referred to as a "rain
check", for sale items which become out of stock during an advertised sale period unless:
(1) Such items are motor vehicles; (2) such items are clothing or footwear, which are
seasonal in nature and the stock of which cannot be replenished or which are sized to
fit; (3) such discount is applicable throughout a store or throughout any department in
a store; (4) all advertisements for sale clearly indicate the quantity of items available at
the sale price and clearly state that no rain checks are offered; (5) such items are alcoholic
beverages; (6) such items are offered for sale as part of a clearance, permanent markdown
or closeout sale; or (7) a customer accepts a comparable discount on a comparable item. Sec. 42-216. Regulations. The Commissioner of Consumer Protection may adopt
regulations in accordance with the provisions of chapter 54 in order to carry out the
provisions of this chapter. Sec. 42-217. Penalties. Defenses. (a) A violation of any of the provisions of this
chapter shall be deemed an unfair or deceptive trade practice under chapter 735a.
Sec. 42-215. Sale at discount to include raincheck. Exemptions. Notice. Comparable merchandise.
Sec. 42-216. Regulations.
Sec. 42-217. Penalties. Defenses.
Secs. 42-218 and 42-219.
(b) The holder of a rain check shall be notified by the issuer when the sale item is
in stock and shall have at least ten days after notification to purchase the item at the sale
price, except that a retail food store shall not be required to notify such holder when the
sale item is in stock. No person shall be entitled to receive a greater number of rain
checks per item than is allowed under the retailer's advertised limit. If a rain check is
not redeemed by the retailer within sixty days after its issuance, the retailer shall offer
the holder of a rain check similar or comparable merchandise at or below the advertised
sale price of the merchandise which was the subject of the sale. If the holder of a rain
check wishes to purchase such similar or comparable merchandise, he shall do so within
ten days of the retailer's offer to substitute comparable merchandise.
(P.A. 86-302, S. 2.)
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(P.A. 86-302, S. 3.)
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(b) It shall be a defense to any charge brought in accordance with the provisions of
chapter 735a, concerning unfair trade practices, pursuant to subsection (a) of this section,
that a retailer ordered the advertised merchandise which was the subject of the sale, in
adequate time for delivery and such merchandise was delivered to the store in quantities
sufficient to meet reasonably anticipated demand for such merchandise.
(c) The defense provided for in subsection (b) of this section shall not relieve a
retailer of the obligation to offer a rain check or comparable or similar merchandise to
consumers in accordance with the provisions of section 42-215.
(P.A. 86-302, S. 4.)
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