It shall be unlawful for a seller to include a price comparison in an advertisement unless:

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(1) The seller clearly and conspicuously identifies in the advertisement the origin of the price that the seller is comparing to the seller’s current price. The origin of the price that the seller is comparing to the seller’s current price includes but is not limited to the seller’s former selling price, a manufacturer’s list price or a competitor’s price for the same real estate, goods or services.

(2) The price comparison is in compliance with ORS § 646.608 (1)(j) and the rules adopted under ORS § 646.608 (4) and compliance is established based on facts provable by the seller. [1987 c.626 § 3]