Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 1 - General Provisions › Section 465:15-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Advertisement"
means an oral, written, graphic, or pictorial statement made in the course of soliciting business, including, without limitation, a statement or representation contained in a newspaper, magazine, publication, notice, sign, poster, display, circular, pamphlet, letter, or on the Internet, radio, television, or any other type of media.
"Bait Advertisement"
means an alluring but insincere offer to sell a product of which the primary purpose is to obtain leads to persons interested in buying merchandise of the type advertised and to switch consumers from buying the advertised product in order to sell some other product at a higher price or on a basis more advantageous to the advertiser.
"Clear and Conspicuous"
means that the statement, representation, or disclosure is of such size, color, contrast, and audibility and is presented so as to be readily noticed and understood. All language and terms, including abbreviations, shall be used in accordance with their common or ordinary usage and meaning.
"Dealer-added fee"
means an amount charged by the dealer to the customer in connection with the sale or lease of a new motor vehicle including, but not limited to, processing fee, documentary fee, service and handling fee, administrative fee, closing fee, or ADP (additional dealer profit) fee. "Dealer-added fee" does not mean legally required charges such as a lien entry filing fee. It is prohibited to state or imply that a dealer-added fee is required by law or by any government agency.
"Dealership addendum"
means a form which is to be displayed on a window of a new motor vehicle when the dealer installs special features, equipment, parts or accessories, or charges for services not already compensated by the manufacturer or distributor for work required to prepare a vehicle for delivery to a buyer. The addendum is to disclose:
(A) That it is supplemental and it should not be deceptively similar in appearance to the manufacturer's label, which is required to be affixed by every manufacturer to the windshield or side window of each new motor vehicle under the Automobile Information Disclosure Act;
(B) Any added feature, service, equipment, part, or accessory charged and added by the dealership and the retail price thereof;
(C) Any additional charge to the selling price such as additional dealership markup; and,
(D) The total dealer selling price.
"Demonstrator"
means those vehicles that are of the current or previous model year which have not been sold, titled or registered to any type of purchaser and are used by dealership personnel for demonstration purposes. Service vehicles, courtesy cars, daily rentals, loaners, factory program cars, driver education and factory executive cars shall not be described as "demonstrator" vehicles. Demonstrators may be advertised for sale, as such, only by a franchised dealer of the same line-make of vehicle.
"Disclosure"
means required information that is clear, conspicuous, and accurate. In print and internet advertisements, disclosures shall be located either adjacent to the price or in an area clearly marked with reference symbols. In audio advertisements, disclosures shall be clear and understandable in pace and volume and shall be located at the end of the advertisement. In a television or video advertisement, the disclosure must appear continuously on the screen for a minimum of ten seconds.
"Factory executive/official vehicle"
means a new motor vehicle with an original Manufacturer's Statement of Origin, that has been used exclusively by an executive or official of the dealer's franchising manufacturer, distributor, or their subsidiaries.
"Licensee"
means any entity or person required to obtain a license from the Oklahoma Motor Vehicle Commission.
"Manufacturer's label"
means the label required by the Automobile Information Disclosure Act,  15 U.S.C. Sections 1231-1233, (normally referred to as Monroney Label), to be affixed by the manufacturer to the windshield or side window of each new automobile delivered to a dealer.
"Manufacturers Suggested Retail Price"
or
"MSRP"
means the selling price suggested by the manufacturer or distributor displayed on the Manufacturer's Label / Monroney Label.
"Program car"
means a car that is purchased at a manufacturer's closed auction or sold by or directly from the manufacturer or distributor which is a current or previous year model, that has been previously tagged and/or titled, and returned to the manufacturer for disposal.
"Rebate"
or
"Cash back"
means a sum of money refunded to a purchaser or for the benefit of the purchaser. The purchaser may choose to reduce the amount of the purchase price by the sum of money or the purchaser may opt for the money to be returned to the purchaser for his or her benefit.
Added at 9 Ok Reg 1588,
				  eff 4-27-92; Amended at 15 Ok Reg 2037, eff 6-1-98; Amended at 18 Ok Reg 2214,
				  eff 6-11-01; Amended at 20 Ok Reg 1004, eff 5-12-03; Amended at 21 Ok Reg 1413,
				  eff 6-1-04; Amended at 24 Ok Reg 1110, eff 5-11-07; Amended at 28 Ok Reg 1074,
				  eff 6-11-11