Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 16 - Advertising › Subchapter 1 - General Provisions › Section 765:16-1-2 - 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 made in a newspaper,
				  magazine, or other publication, or contained in a notice, sign, poster,
				  display, circular, pamphlet, or letter, or on radio or on television or on the
				  Internet.
"Bait advertisement"
means an alluring but
				  insincere offer to sell a product but which has as its primary purpose of
				  obtaining leads of persons interested in 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. This standard shall be met by the
				  following:
(1) In print advertisement:
(A) The type size of 5 1/2 caps or larger shall be used in
				  all disclosures.
(B) Disclosures shall be located adjacent to the price or in
				  an area clearly marked with reference symbols. All reference symbol marks, such
				  as asterisks, must be type size 5 1/2 caps or larger.
(2) In an audio advertisement:
(A) The disclosure shall be clear and understandable in pace
				  and volume; and,
(B) The disclosure shall be placed at the end of the
				  advertisement.
(3) In a television advertisement:
(A) The disclosure shall be in visual form so that the
				  average viewer may easily read and understand it.
(B) The disclosure size shall be at least twenty (20) scan
				  lines and each disclosure shall appear continuously on the screen for at least
				  ten (10) seconds.
"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, loners,
				  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.
"Factory Executive/Official Vehicle"
means a new
				  motor vehicle with an original Manufacturer's Statement of Origin or used motor
				  vehicle with a Certificate of Title, that has been used exclusively by an
				  executive or official of the dealer's franchising manufacturer, distributor, or
				  their subsidiaries. The advertiser shall state clearly whether the vehicle is a
				  new or used vehicle.
"Licensee"
means any person required to obtain a
				  license from the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured
				  Housing Commission.
"Program vehicle"
means a vehicle 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.