Illinois Administrative Code › Title 14 - COMMERCE › Part 475 - MOTOR VEHICLE ADVERTISING › Subpart A - GENERAL PROVISIONS › Section 475.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Advertisement" (including the terms "advertise" and
				  "advertising") means any oral, written, graphic, or pictorial statement made
				  concerning motor vehicles by publication, dissemination, solicitation or
				  circulation, in the course of "trade" and "commerce", as those terms are
				  defined in this Section. Advertisement includes any statement or representation
				  made in a newspaper, magazine, or other publication; or on radio or television;
				  or appearing in any notice, handbill, sign, billboard, banner, poster, display,
				  circular, pamphlet, letter, or other printed material; or contained in any
				  window sticker or price tag.
"Buy-down rate" means a financing rate which, as a result of
				  the dealer's advance payment of finance charges to a third party, is below the
				  prevailing market financing rate.
"Clear and conspicuous " (including the terms "clearly" and
				  "conspicuously") means that the statement, representation or term being
				  conveyed is in close proximity to the statement, representation or term it
				  clarifies, modifies, or explains, or to which it otherwise relates; readily
				  noticeable; reasonably understandable by the person(s) to whom it is directed;
				  and not contradictory to any terms it purports to clarify, modify or
				  explain.
A statement, representation or term is not clear and
				  conspicuous unless it shall:
For printed, written, typed or graphic advertisements:
employ abbreviations only if they are commonly understood by
				  the public (e.g., abbreviations commonly understood - AC, AM/FM, AUTO, AIR,
				  2DR, CYL, MSRP, and e.g., abbreviations not commonly understood - WAC, PEG) or
				  approved by federal or State law (e.g., terms allowed by the Federal Truth in
				  Lending Act,
				  15 USC
				  1601, et seq., or the Consumer Leasing Act of
				  1976,
				  15 USC
				  1601, et seq., such as "APR");
be of sufficient prominence in terms of print, size and color
				  contrast, as compared with the remainder of the advertisement, so as to be
				  readily noticeable to the person(s) to whom it is directed. Any type size which
				  is 10-point type or larger is deemed readily noticeable.
For radio advertisements and the audio portion of television
				  advertisements or advertisements in any other audio-visual medium:
be at a decibel level equal to the highest decibel level used
				  in the advertisement; and
be at a speed equal to or slower than any other statement,
				  representation or term contained in the advertisement.
For required superimposed written copy ("super") in a
				  television advertisement or advertisements in any other audio-visual
				  medium:
the minimum height of supers should be:
capital and lower case letters: 24 video scanlines;
capital letters only: 18 video scanlines;
appear on the screen for a duration sufficient to allow a
				  viewer to have a reasonable opportunity to read and understand the statement,
				  representation or term.
It shall be a rebuttable presumption that the super is
				  sufficient if the super meets the following on-screen minimum display
				  time:
three seconds for the first line of text; and
one second for each additional line.
"Dealer" means a dealer as defined in the Illinois Vehicle
				  Code and includes used car dealers, also as defined in the Vehicle Code [625
				  ILCS 5 ].
"Dealer's cost " (including but not limited to: "cost",
				  "factory invoice", "factory billing") means the actual cost or total
				  consideration paid by the dealer to the manufacturer for the vehicle, and where
				  no other consideration, fee or charge, including, without limitation, overhead,
				  rebates, promotional fees, advertising, or any other consideration, has been or
				  will be paid by the manufacturer or a third party to the dealer prior or
				  subsequent to the purchase of the vehicle, which in any way reduces, diminishes
				  or offsets the cost to the dealer of purchasing the vehicle.
"Demonstrator" means a motor vehicle of a current or previous
				  model year that has not been registered or titled to a member of the public
				  prior to the appearance of the advertisement, and had been used by the
				  dealership personnel for demonstration purposes.
"Documentary service fee" or words of similar import,
				  including, without limitation, "documentation and handling" fee or "D and H"
				  fee, means a fee for services actually rendered to, for, or on behalf of the
				  retail buyer in preparing, handling, and processing documents pertaining to the
				  motor vehicle and the closing of the transaction, and shall not exceed the
				  amount of $40; provided, however, this fee may be adjusted on January 1 of each
				  calendar year for inflation, employing the Consumer Price Index published by
				  the United States Department of Labor as the basis for adjustment.
"Executive vehicle" or "official vehicle" means a motor
				  vehicle that has been driven exclusively by executives of the parent motor
				  vehicle manufacturer's personnel or by an executive of an authorized dealer in
				  the same make of car, as defined in the Illinois Consumer Fraud and Deceptive
				  Business Practices Act [815 ILCS 505 ].
"Free" means without charge or cost, monetary or otherwise,
				  to the recipient, and includes terms of essentially identical import, such as
				  "give away". A free offer in conjunction with the sale or lease of goods or
				  services is one that conveys to customers the message that the goods or
				  services are offered at no cost in conjunction with the purchase of other goods
				  or services for no more than their regular price.
"Leased vehicle " means a vehicle that has been driven for a
				  specific period of time pursuant to a lease, as that term is defined in the
				  Illinois Vehicle Code.
"Limited rebate" means any payment of money to a consumer, or
				  any payment to a dealer or third party on behalf of a consumer, on the
				  condition that the consumer purchase or lease a motor vehicle, and that is
				  confined, restricted, or circumscribed to a certain class of consumers, such
				  that it is not generally available to every consumer seeking to purchase or
				  lease the motor vehicle, including, but not limited to, on the basis of the
				  consumer's status, sponsorship, affiliation, or association.
"Motor vehicle " means a motor vehicle as defined in the
				  Illinois Vehicle Code.
"New motor vehicle " means a motor vehicle that is of the
				  current or previous model year and that has not been previously registered or
				  titled except to a franchised distributor or franchised new vehicle
				  dealer.
"Rebate" means the payment of money to a consumer or payment
				  to a dealer or third party on behalf of a consumer on the condition that the
				  consumer purchase or lease a motor vehicle, unless the rebate is offered
				  through a manufacturer's rebate program or a third party independent of the
				  dealer.
"Rental vehicle " means a vehicle that has been offered to
				  the public for business or personal use driving for short periods of time, such
				  as on a daily or weekly basis.
"Shopped area" means the geographic area where the motor
				  vehicle advertisements are disseminated and where the shopped dealerships are
				  located.
"Trade" and "commerce " mean the advertising, offering for
				  sale, sale, or distribution of any services and any property, tangible or
				  intangible, real, personal or mixed, and any other article, commodity, or thing
				  of value wherever situated, and shall include any trade or commerce directly or
				  indirectly affecting the people of this State, as defined in the Consumer Fraud
				  and Deceptive Business Practices Act.
"Trade area" means the geographic area where the motor
				  vehicle dealership is located and where the dealer's advertisements are
				  disseminated.