Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-14 - Prohibited statements

Current through Vol. 41, No. 20, July 1, 2024
The following statements are presumptively false and
				  misleading, and the burden of proving otherwise shall be on the
				  Advertiser/Licensee:
(1) Statements
				such as "everybody financed", "no credit rejected", "guaranteed approval", "you
				are pre-approved", and other similar statements representing or implying that
				no prospective credit purchaser will be rejected because of his inability to
				qualify for credit.
(2) Statements
				representing that no other dealer grants greater allowances for
				trade-ins.
(3) Statements
				representing that because of its large sales volume a dealer is able to
				purchase vehicles for less than another dealer selling the same make of
				vehicles.
(4) Statements such as
				"factory direct prices", "wholesale prices", "factory sale", and other similar
				statements that create the impression that the vehicle is being offered for
				sale by the manufacturer or distributor of the vehicle, are prohibited. Dealers
				may use terms such as "factory authorized sale" only in conjunction with
				factory-sponsored promotions and/or advertising campaigns. Statements such as
				"we have been selected", "we have been chosen", and other similar statements,
				which imply that the dealership has exclusive arrangements not available to
				other dealers, are prohibited.
(5)
				A savings claim or discount offer is prohibited except to advertise specific
				new or demonstrator vehicles. Statements such as "up to", "as much as", "from",
				shall not be used in connection with savings or discount claims, unless the
				vehicle for which the claim is made is clearly identified including stock
				number. Savings claims can only be offered from the bottom line MSRP sticker
				price. Discounts shown on the Monroney Sticker Label shall not be included in
				the advertised discount or savings claim. The featured savings claim or
				discount offer for a new motor vehicle, when advertised, must be the savings
				claim or discount which is available to any and all members of the buying
				public.
(6) The use of the terms
				"Free", "Complimentary", or similar terminology is prohibited if a consumer
				must make a purchase to obtain the "free" offer.
(7) The terms "dealer's cost", "invoice",
				"invoice price" or other reference to the cost of the vehicle to the dealer
				shall not be used.
(8) No trade-in
				amount or range of amounts shall be stated or implied in an advertisement,
				including comparisons or references to industry valuation guides.
(9) A used vehicle shall not be advertised in
				any manner that creates the impression it is new.
(10) Statements such as "we pay tag, tax and
				license", or statements with similar meaning shall not be used.
(11) The use of the terms "liquidation",
				"going out of business", or statements with similar meaning, are prohibited
				unless a dealer is actually going out of business and ceasing its operations at
				the licensed location. If a dealer is going out of business, these terms can
				only be advertised during the period between the execution of a buy-sell with
				the proposed buyer and written factory approval.
(12) An offer of a buy down rate is
				prohibited without the appropriate disclaimer: "This is a buy down rate. The
				amount of the buy down may affect the price of the vehicle".
(13) Terminology such as "we will pay off
				your trade" or statements with similar meaning shall not be used, unless
				accompanied by a disclaimer which clearly and conspicuously states that the
				amount of the pay off is added into the contract and is dependent upon approved
				credit.
(14) Statements such as "we
				will make your payments for a number of months", "you make no payments for a
				number of months", or similar statements are prohibited unless the finance
				contract is written as such and the customer is not obligated for payments to
				the finance company for that specified period of time.
Added at 9 Ok Reg 1589,
				  eff 4-27-92; 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 22 Ok Reg 1342,
				  eff 5-26-05; Amended at 24 Ok Reg 1110, eff 5-11-07; Amended at 28 Ok Reg 1074,
				  eff 6-11-11