Comparison to seller's own former price

It is a deceptive act or practice for a seller to compare the seller's current price with the seller's former price for any merchandise unless: 1. The former price is a price at which a substantial number of sales were made by the seller during the three months immediately preceding the price comparison; 2. The former price is a price at which a substantial number of sales were made by the seller and the seller clearly and conspicuously discloses the dates during which a substantial number of sales were made by the seller at the former price; or 3. The former price is a price at which the seller offered the merchandise for a reasonably substantial period of time in the recent, regular course of its business, openly, actively, and in good faith, with an intent to sell the merchandise at that price.