(1) A person commits bait advertising if, in any manner, including advertising or any other means of communication, he offers property or services as part of a scheme or plan, with the intent, plan, or purpose not to sell or provide the advertised property or services at all, or not at the price at which he offered them, or not in a quantity sufficient to meet the reasonable expected public demand, unless the quantity is specifically stated in the advertisement.
(2) It shall be an affirmative defense that a television or radio broadcasting
station or a publisher or printer of a newspaper, magazine, or other form of printed
advertising which broadcasted, published, or printed a false advertisement
prohibited by section 18-5-301 (1)(e) or a bait advertisement prohibited by
subsection (1) of this section or a telephone company which furnished service to a
subscriber did so without knowledge of the advertiser’s or subscriber’s intent, plan,
or purpose.
(3) Bait advertising is a class 2 misdemeanor.
L. 71: R&RE, p. 442, § 1. C.R.S. 1963: § 40-5-303. L. 73: p. 538, § 3.
For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
