2006 Code of Virginia § 18.2-217 - Advertising merchandise, etc., for sale with intent not to sell at price or terms advertised; prim...

18.2-217. Advertising merchandise, etc., for sale with intent not to sellat price or terms advertised; prima facie evidence of violation.

(a) Any person, firm, corporation or association who in any manner advertisesor offers for sale to the public any merchandise, goods, commodity, serviceor thing with intent not to sell, or with intent not to sell at the price orupon the terms advertised or offered, shall be guilty of a Class 1misdemeanor.

(b) In any prosecution or civil action under this section, the refusal by anyperson, firm, corporation or association or any employee, agent or servantthereof to sell, or the refusal to sell at the price or upon the termsadvertised or offered, any merchandise, goods, commodity, service or thingadvertised or offered for sale to the public, shall be prima facie evidenceof a violation of this section; provided, that this subsection shall notapply when it is clearly stated in the advertisement or offer by which suchmerchandise, goods, commodity, service or thing is advertised or offered forsale to the public, that the advertiser or offeror has a limited quantity oramount of such merchandise, goods, commodity, service or thing for sale, andthe advertiser or offeror at the time of such advertisement or offer did infact have at least such quantity or amount for sale.

(Code 1950, 59.1-45; 1968, c. 439; 1972, c. 217; 1975, cc. 14, 15.)