Section 14.205. Determination of violation.

In determining whether a violation of the act has occurred, the following shall be considered:

(a)   All circumstances surrounding nondelivery of advertised  consumer items which were actually ordered in quantities sufficient to meet, or are reasonably related to the intended response to, the advertisement, but were not delivered due to circumstances beyond the  advertiser's  control.

(b)   All circumstances surrounding failure to make advertised consumer items conspicuously and readily available for sale at or below the advertised prices if the consumer items were not made available at  those prices due to circumstances beyond the control of the advertiser. In  such cases, the making available of a raincheck shall be considered;  however, the mere existence of a "policy" to provide a raincheck, in and  of itself, does not constitute compliance.

(c)      Whether the advertiser  instructed  each  of  the  advertiser's employees, agents, or servants of theexistence of a raincheck; whether the advertiser  required those persons to inform consumers of its availability; whether, upon learning of the unavailability of a  particular consumer item, the advertiser posted a notice, proximate to the location of the unavailable item, stating the procedure for obtaining a raincheck; and whether the advertiser  posted,  in  a  clear   and  conspicuous   central location in the advertiser's   store,  a  notice  respecting  the  store's obligations to deliver a raincheck or substitute.

History: 1979 AC.