21 NCAC 29 .0502             FAIR BUSINESS PRACTICES

(a)  Locksmiths shall conduct all business in compliance with all applicable local, State, and federal laws.

(b)  Locksmiths shall analyze security problems and advance the best practicable 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 that in any way supports fraud or misrepresentation.

(d)  Locksmiths shall not misrepresent the features of any product or service they offer. Examples include 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; or

(2)           Selling a used product as new.

(e)  Locksmiths shall avoid using any improper means of soliciting business. Examples of 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 or her 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 that 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 or her 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 or her employer.

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

(f)  Locksmiths shall register with the Board the business name(s) that they utilize to engage in locksmith services. All advertising for locksmith services and documents related to locksmith services in North Carolina shall be in the registered name(s) of the licensed locksmith.

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

Temporary Adoption Eff. August 13, 2002;

Eff. August 1, 2004;

Readopted Eff. June 1, 2017;

Amended Eff. January 1, 2019.