Everyone loves a good deal, especially one labeled “free.” A “Buy One, Get One Free” (BOGO) offer feels like a special, short-term event. But when a “sale” never ends, the promotional price becomes the everyday price. The discount is an illusion. The Utah Consumer Sales Practices Act (UCSPA) and its rules address this problem. They limit how often a business can run a “free” promotion.

Here is how the law limits BOGO and “free” offers, and what that means for consumers.

What is the Six-Month Rule?

Utah’s Division of Consumer Protection has adopted rules under the UCSPA, found in Utah Administrative Code R152-11. These rules spell out specific practices that violate the Act. Their goal is to protect consumers from deceptive and unconscionable sales practices. They also promote fair dealing between businesses and consumers.

Specifically, Utah Administrative Code R152-11-4(3) governs how often a business may advertise something as “free.” It also covers similar terms, such as BOGO or “Two for One.” The goal is to establish a true “regular price” over a reasonably substantial period. To do that, the rule sets limits on how long and how often these deals should run.

For a single kind of product in a given trade area, the rule sets three limits:

1. The Six-Month Cap: A product should not be advertised with a “free” offer for more than six months in any 12-month period.
2. The 30-Day Cool Down: At least 30 days should pass before another “free” offer is promoted in the same trade area.
3. The Three-Offer Maximum: No more than three such offers should be made in the same area in any 12-month period.

In short, a business should not run a constant, year-round BOGO sale. If a product is always “Buy One, Get One Free,” the bundled price is simply the regular price. At that point, the “free” item is not truly free. Advertising it as free risks being a deceptive act under the UCSPA.

Why Frequency Limits Matter

Truthful claims about sales are the foundation of a fair market. Never-ending sales harm consumers and distort competition.

• Consumer Impact: Shoppers feel pressured to buy now. They believe the deal is a limited-time offer that will soon disappear.
• Financial Impact: The buyer ends up paying the normal price for the bundle. The promised savings never materialize.
• Competitive Impact: Honest businesses offer real, temporary discounts. They can lose customers to competitors who lure shoppers with fake, never-ending “free” offers.

Examples of Deceptive Frequency

A violation of these rules can take several forms:

1. The Perpetual Sale: On January 1, a mattress store launches a BOGO promotion on a specific pillow model. It runs the same promotion without a break through August. That is about eight months, well past the six-month cap.
2. The Missing Cool Down: A local boutique runs a “Two for One” weekend sale on sunglasses. It ends the sale on Sunday. The following Friday, it launches a “BOGO Free” sale on the same sunglasses. Only five days have passed, far short of the 30-day gap.
3. The Constant Cycle: A car wash offers a “Buy One Month, Get One Free” subscription deal. It runs the promotion for two weeks each in January, March, May, and July. That is four offers in one year, one more than the three-offer maximum.

Enforcement and Consequences

The UCSPA allows consumers several ways to address violations to file their own lawsuits. Possible consequences include:

• Injunctions: A court can order the business to stop the deceptive advertising practice immediately.
• Financial Damages: A consumer who suffers a loss may recover actual damages plus court costs. In some cases, the court may also award reasonable attorney fees.

Courts look at whether an advertisement is likely to mislead consumers about an item’s true regular price.

Need Legal Assistance in Utah?

Do you have questions about Utah consumer protection law? Do you think a deceptive sale affected you? Head Law can help. Managing attorney David S. Head and his team assist clients in protecting their rights under Utah consumer laws. Contact Head Law today to schedule a consultation. This article provides general information, not legal advice.