W. Va. Code R. § 142-6-3

Current through Register Vol. XLI, No. 25, June 21, 2024
Section 142-6-3 - Sale Of Damaged Goods Or Damaged Products

In connection with the sale of damaged goods or damaged products, and without limitation by enumeration, it is unfair or deceptive practice to:

3.1. Represent, directly or indirectly, that such a good or product is new or undamaged, or misrepresent the nature and extent of damage to the whole or any part of the good or product.
3.2. Advertise or otherwise emphasize the undamaged aspects or portions of any such good or product so as to deceive or attempt to deceive the public with respect to the damaged aspects or portions, or so as to create a likelihood of confusion or misunderstanding.
3.3. Offer for sale or sell any good or product which is damaged, contains damaged parts, is rebuilt, remanufactured, reconditioned, or contains rebuilt, remanufactured, or reconditioned parts due to damage, or has the appearance of being new when it is damaged, unless there is given to the buyer or prospective buyer clear and conspicuous prior notice that such a good or product has been damaged, rebuilt, remanufactured or reconditioned due to damage, or that it contains used, rebuilt, remanufactured or reconditioned parts due to damage.
3.4. Represent, directly or indirectly, that goods or products are damaged and that a price concession has been made for that reason when the goods have not in fact been damaged or the price has not been reduced accordingly.

W. Va. Code R. § 142-6-3