Legal Opinion

Opinion No. (2011)

Oklahoma Attorney General Reports

Decided December 13, 2011Published

1Opinion of the Court

¶ 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question:

Does a business violate the Oklahoma Unfair Sales Act, 15 O.S. 2001, §§ 598.1— 598.11, by advertising, offering forsale or selling its merchandise below "cost," as defined in thestatute, if the merchandise is advertised, offered or sold inconnection with a bona fide, short-term promotional event such as aBlack Friday or back-to-school sale?

Introduction

A. Statutory Prohibitions of the Unfair Sales Act

¶ 1 The Unfair Sales Act in pertinent part provides:

[A]ny…

2Cases cited12 opinions

  1. Harolds Stores, Inc. v. Dillard Department Stores, Inc.Court of Appeals for the Tenth Circuit · 1996
  2. TRW/Reda Pump v. BrewingtonSupreme Court of Oklahoma · 1992
  3. Fent v. Oklahoma Capitol Improvement AuthoritySupreme Court of Oklahoma · 1999
  4. Edmondson v. PearceSupreme Court of Oklahoma · 2004
  5. Cox Oklahoma Telecom, LLC v. State Ex Rel. Oklahoma Corp. CommissionSupreme Court of Oklahoma · 2007

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