For written materials, “clear and conspicuous” translates to specific visual best practices: • Size: The text must be large enough to be easily noticed and read by consumers. • Contrast: There must be sufficient contrast between the text and the background. • Purpose: A disclosure should never contradict the main message of the ad; its legal function is to clarify the offer or provide material terms, qualifiers and conditions. • Video: In a video, a disclosure should remain on the screen long enough to be easily read and understood. Price Advertising Price advertising is a cornerstone of dealership marketing, but it is also the area where many legal landmines are buried. Under current standards, when you advertise a vehicle’s price, it must be the total amount a purchaser will pay. What Is Excluded From the “Total Price?” California law is very specific about what does not have to be included in the advertised total price and allows the following to be excluded: • Taxes and vehicle registration fees, • The California tire fee, • Emissions testing charges, • Finance charges, • Dealer document processing charges (see, however, the discussion that immediately follows) and • Charges for electronic registration or transfer of the vehicle. If these items are excluded, a mandatory disclosure statement is required, namely a disclosure substantially similar to the following: “Plus government fees and taxes, any finance charges, any dealer document processing charge, any electronic filing charge and any emission testing charge.” Note, however, on March 13, 2026, the FTC sent a warning letter to many dealership groups, taking the position that the exclusion of any non-governmental fees, such as the dealer 19
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