§ 42-61.1-1. Definitions. As used in this chapter, which shall be known and may be cited as the “Prizes and Gifts Act”: (1) “Anything of value,” “item of value” or “item” means any item or service with monetary value. (2) “Handling charge” means any charge, fee, or sum of money which is paid by a […]
§ 42-61.1-2. Representation of having won a prize, gift or any item of value. (a) No person shall, in connection with the sale or lease or solicitation for the sale or lease of goods, property, or services, represent that another person has won anything of value or is the winner of a contest, unless all […]
§ 42-61.1-3. Representation of eligibility to win or to receive a prize, gift, or item of value. (a)(1) No person shall, in connection with the sale or lease or solicitation for sale or lease of goods, property or service, represent that another person has a chance to win or to receive a prize, gift, or […]
§ 42-61.1-4. Representation of being specially selected. (a) No person shall represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of goods, property, or service, unless the selection process is designed to reach a particular type or types of persons. (b) The use […]
§ 42-61.1-5. Simulation of checks and invoices. In connection with a consumer transaction, no person shall issue any writing which simulates or resembles: (1) A check, unless the writing clearly and conspicuously discloses its true value and purpose, and the writing would not mislead a reasonable person; or (2) An invoice, unless the intended recipient […]
§ 42-61.1-6. Conditions for handling charge and shipping charges. (a) It shall be unlawful to notify a person that he or she will receive a gift, prize, or item of value that has a condition of receiving the gift, prize, or item of value, the requirement to pay any money or purchase or lease, (including […]
§ 42-61.1-7. Action to enforce the provisions of this chapter. Any consumer who suffers a loss by reason of a violation of any provision of this chapter may bring a civil action to enforce those provisions. Any consumer who is successful in this civil action shall recover reasonable attorney’s fees, and court costs incurred by […]
§ 42-61.1-8. Enforcement penalties. Any violation of this chapter shall constitute a violation of chapter 13.1 of title 6 and shall be subject to any of the enforcement provisions of that chapter. History of Section.P.L. 1991, ch. 276, § 1.
§ 42-61.1-9. Exemptions. The provisions of §§ 42-61.1-3 — 42-61.1-7 shall not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, videocassettes, periodicals, and similar goods through a membership group or club which is regulated by the federal trade commission trade regulation […]
