(1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person engages in one or more of the following activities or practices in connection with the advertisement, sale, or performance of any contract of membership in a buyers' club in which the price of the membership equals or exceeds one hundred dollars:
Fails to allow any purchaser of a membership in a buyers' club to rescind the membership contract at any time prior to the close of business on the next business day following the day the purchaser signs the contract;
Fails to provide in the membership contract the following mandatory disclosure under the heading:
PURCHASER'S RIGHT TO CANCEL:
THE PURCHASER MAY CANCEL THIS CONTRACT FOR ANY REASON AT ANY
TIME PRIOR TO THE CLOSE OF BUSINESS ON THE NEXT BUSINESS DAY FOLLOWING THE DAY THE PURCHASER SIGNS THE MEMBERSHIP CONTRACT BY DELIVERING OR MAILING TO THE BUYERS' CLUB WRITTEN NOTICE OF CANCELLATION. NOTICE OF CANCELLATION, IF SENT BY MAIL, IS DEEMED TO BE GIVEN AS OF THE DATE THE MAILED NOTICE WAS POSTMARKED.
Said heading and disclosure shall be in capital letters in no less than ten-point, bold-faced type.
Fails to refund all payments made pursuant to the membership contract within fifteendays after the buyers' club receives notice of cancellation from the purchaser.
Source: L. 99: Entire part added with relocations, p. 646, § 2, effective May 18.
Editor's note: This section is similar to former § 6-1-105 (1)(bb), as it existed prior to 1999.