21 NCAC 29 .0502. FAIR BUSINESS PRACTICES

(a)  Locksmiths shall conduct all business in compliance with all applicable laws.

(b)  Locksmiths shall impartially analyze security problems receiving their attention and advance the best possible solution for the protection of the client.

(c)  Locksmiths shall refrain from associating themselves with or allowing the use of their name (personal or professional) by any enterprise which in any way countenances misrepresentation.

(d)  Locksmiths shall not misrepresent the features afforded by any product nor make unwarranted claims about the merits of any product or service they offer.  Examples include, but are not limited to the following:

(1)           Representing to a client that non-restricted or widely available keys (whether stamped "Do Not Duplicate" or not) provide any measure of assurance against unauthorized duplication.

(2)           Selling a used product as new.

(e)  Locksmiths shall avoid using any improper or questionable means of soliciting business.  Prohibited practices include:

(1)           Affixing stickers to permanent fixtures such as doors or door frames or in any way defacing the property of any person without his express written consent.

(2)           Installing stickers or any other promotions in such fashion that they falsely represent that                the locksmith or company has previously serviced the hardware in that location.

(3)           Installing or supplying hardware which curtails the customer's ability to choose a different company or technician for product support or service, unless the locksmith obtains the customer's express written consent.

(4)           Modifying the customer's hardware in any fashion that will curtail the customer's ability to choose a different company or technician for later product support or service or cause him to incur additional expense by doing so, unless the locksmith obtains the            customer's express written consent.

(5)           Direct solicitation in violation of a non-compete agreement, such as an employee offering competing bids to customers of his employer.

(6)           Using a name in advertising which is similar enough to a competitor's name to cause confusion among consumers.

 

History Note:        Authority G.S. 74F-6;

Temporary Adoption Eff. August 13, 2002;

Eff. August 1, 2004.