§ 42-103ll — Advertisements and promotions. Prohibitions. Disclosures.

(a) An advertisement shall not materially misrepresent: (1) Facts or create false or misleading impressions regarding the time share plan; (2) The size, nature, extent, qualities or characteristics of the accommodations or amenities; (3) The amount or period of time during which the accommodations or amenities will be available to any purchaser; (4) The nature or extent of any services incident to the time share plan; or (5) The conditions under which a purchaser may exchange the right to use accommodations or amenities in one location for the right to use accommodations or amenities in another location. (b) An advertisement shall not: (1) Contain statements concerning nonspecific or not bona fide future price increases; (2) Contain any asterisk or other reference symbol as a means of contradicting or substantially changing any previously made statement or as a means of obscuring material facts; or (3) Describe any improvement to the time share plan that is not required to be built or that is uncompleted unless labeled in conspicuous type with words such as “need not be built”, “proposed” or “under construction”, with the date of promised completion, if applicable, clearly indicated. (c) An advertisement that contains a promotion in connection with the offering of a time share interest shall include: (1) A statement to the effect that the promotion is intended to solicit purchasers of time share interests; (2) The full name of the developer of the time share property; and (3) If applicable, the full name and address of any marketing company involved in the promotion of the time share property, excluding the developer or an affiliate or subsidiary of the developer. (d) When a promotion uses free offers, gift enterprises, drawings, sweepstakes or discounts, the rules of the promotion shall be disclosed and shall include, when applicable, the day and the year by which all prizes listed or offered will be awarded, and the method by which all prizes are to be awarded. (e) At least one of each prize featured in a promotion shall be awarded by the day and year specified in the promotion. The developer and any marketing company involved in the promotion shall be liable for making the awards. (f) Any promotion offering prizes, including, but not limited to, awards, gifts or anything of value regardless of whether there are any conditions or restrictions attached to the receipt of the prize, shall disclose in conspicuous type: (1) The value of each prize; (2) The odds of winning each prize, expressed in Arabic numerals as a fraction or a ratio, or, if the odds depend upon the number of entries received, a statement that the odds depend upon the number of any entries received; and (3) Any conditions or restrictions that apply to the receipt of the prize or void the receipt of the prize. (g) An advertisement containing the disclosures required by this section shall be provided in writing or electronically: (1) At least once before a scheduled sales presentation; and (2) In a reasonable period before the scheduled sales presentation to ensure that the recipient receives the disclosures before leaving to attend the sales presentation. (h) The developer shall not be required to provide the disclosures required by this section in every advertisement or other written, oral or electronic communication provided or made to a recipient before a scheduled sales presentation.

Legislative History

(P.A. 09-156, S. 10.) History: P.A. 09-156 effective January 1, 2010.