§46A-6D-1. Short Title

This article may be cited as the "Prizes and Gifts Act".

§46A-6D-10. Exemptions

The provisions of sections four through seven of this article do 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 […]

§46A-6D-2. Definitions

As used in this article: (a) "Anything of value", "item of value" or "item" means any item or service with monetary value. (b) "Handling charge" means any charge, fee or sum of money which is paid by a consumer to receive a prize, gift or any item of value, including, but not limited to, promotional […]

§46A-6D-3. Representation of Having Won a Prize, Gift or Any Item of Value

(a) Unless otherwise provided by article six of this chapter, a person may not, in connection with the sale or lease or solicitation for the sale or lease of goods, property or service, represent that another person has won anything of value or is the winner of a contest, unless all of the following conditions […]

§46A-6D-4. Representation of Eligibility to Win or to Receive a Prize, Gift or Item of Value

(a) A person may not represent that another person is eligible or has a chance to win or to receive a prize, gift or item of value without clearly and conspicuously disclosing on whose behalf the contest or promotion is conducted, as well as all material conditions which a participant must satisfy. In an oral […]

§46A-6D-5. Representation of Being Specially Selected

(a) A person may not 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 of any language that may lead […]

§46A-6D-6. Simulation of Checks and Invoices

In connection with a consumer transaction, no person may issue any writing which simulates or resembles: (a) A check unless the writing clearly and conspicuously disclosed its true value and purpose, and the writing would not mislead a reasonable person; or (b) An invoice unless the intended recipient of the invoice has actually contracted for […]

§46A-6D-7. Conditions for Handling Charges and Shipping Charges

(a) It is unlawful to notify a person that he or she may or will receive a gift, prize or item of value and that as a condition of receiving the gift, prize or item of value he or she will be required to pay any money, or purchase or lease, including rent, any goods […]

§46A-6D-8. Action to Enforce the Provisions of Article

Any consumer who suffers loss by reason of a violation of any provision of this article may bring a civil action to enforce such provisions. Any consumer who is successful in an action shall recover reasonable attorney's fees and court costs incurred by bringing the action.

§46A-6D-9. Enforcement; Penalties

Any violation of this article constitutes an unlawful act or practice under the provisions of article six of this chapter, regarding fraudulent acts or practices committed by a supplier in connection with a consumer transaction and shall be subject to the enforcement provisions of article seven of this chapter.