Extract to table

020 in an enforcement action brought by the AG, the AG must demonstrate three elements: (1) An unfair or deceptive act or practice; (2) Occurring in trade or commerce; and (3) Affecting the public interest

When a seller offers a reduction from its own former price, the former price must be the actual, bona fide price at which the article was offered to the public on a regular basis for a reasonably substantial period of time

When a seller represents that its price is lower than a "comparable" or "compare-at" price charged by others, the seller must have a reasonable basis for the comparison — the "compare-at" price must genuinely reflect the price at which the article is being offered by others in the relevant market area

What time period does the algorithm examine when determining a reference price? The FTC Guides contemplate that a "former price" must reflect a price at which the product was offered "for a reasonably substantial period of time