SB 560

Current law generally prohibits untrue, deceptive, or misleading advertising

for real estate, merchandise, securities, employment, or services. Current law also

identifies specific practices as prohibited deceptive advertising. The Department of

Agriculture, Trade and Consumer Protection enforces the current provisions and

investigates violations. Violators are generally subject to a forfeiture of $50 to $100

for each violation. Also under current law, a person who suffers pecuniary loss as a

result of a violation may bring an action against the violator to recover the amount

of the loss and attorney fees.

This bill identifies another practice that constitutes deceptive advertising.

Under the bill, it is deceptive advertising to advertise the price of merchandise as

reduced by an available rebate of a portion of the purchase price unless the rebate

is provided to the purchaser at the time of purchase.