§47-11A-11. Penalties for Violations
Any person, firm, partnership, corporation, joint-stock company or other association, whether as principal, agent, officer or director, for or itself, or for another person, or for any person, firm, partnership, corporation, joint- stock company or other association, who or which shall violate any of the provisions of this article, is guilty of a misdemeanor for […]
§47-11A-12a. Unsolicited Goods
No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares or merchandise, where the offer includes the voluntary and unsolicited sending of goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing. The […]
§47-11A-14. Purposes of Article
The Legislature declares that the purposes of this article are: (1) To safeguard consumers from the creation of monopolies by prohibiting predatory pricing; (2) to foster market efficiency; and (3) to protect market competition.
§47-11A-7. When Invoice Cost of Goods Purchased at Forced, etc., Sale May Be Used
In establishing the "cost" of a given article, product or item of merchandise to the vendor, the invoice cost of any article, product or item of merchandise purchased at a forced, bankrupt, close-out sale, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price […]
§47-11A-8. Sales Exempt
The provisions of this article shall not apply to any sale, offer for sale, or advertisement to sell made: (a) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing trade in any such stock or commodity; (b) When perishable merchandise must be sold promptly to avert […]
§47-11A-9. Injunctions; Damage Suits; and Jurisdiction
(a) Any person, partnership, firm, corporation, or other entity injured by a violation of 47-11A-2 or 47-11A-3 of this code may maintain an action to enjoin a continuance of any such violation in the circuit court of the county wherein said violation is alleged to have occurred. If a violation is established in such an […]
§47-11A-1. Legislative Findings; Designation of Article
(a) The Legislature hereby finds that the sale of goods at prices below the cost thereof can result in economic maladjustments and tend toward the creation of monopolies, thereby destroying fair and healthy competition; therefore, the below-cost sale of goods with the intent to destroy or the effect of destroying competition is deemed an unlawful […]
§47-11A-2. When Selling Below Cost Prohibited; Penalty
Except as otherwise provided in this article, it shall be unlawful for any person, partnership, firm, corporation, or other entity engaged in business as a retailer or wholesaler within this state to sell, offer for sale, or advertise for sale any product or item of merchandise at a price less than the cost thereof with […]
§47-11A-3. When Rebates and Special Privileges Prohibited; Penalty
The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to […]
§47-11A-4. Personal Responsibility of Directors, Officers or Agents
Any person who, either as director, officer or agent of any firm or corporation or as agent of any person violating the provisions of this article, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm or corporation for whom or for which he acts.