It should be clear that the advertised prices are for the lease of a vehicle. Terms that are typically associated with purchasing, such as “No Money Down,” “No Down Payment,” “Zero Down,” and terms of similar import may never be used in conjunction with lease advertising. Special Finance Rates Special finance rates available by means of dealer buy-downs should specifically disclose that “dealer participation may affect purchase price.” Those special finance rates that are only available on certain models or for limited periods of time must disclose such limitations in the immediate proximity of the offered rate. B. Price Representations Advertised prices must state the actual total purchase price of the vehicle, excluding only government fees, which include tax, tag, title and Georgia Lemon Law fees. All additional fees must be included in the advertised price. Any advertisement which lists a price “plus” some additional amount will be considered to be deceptive. By way of illustration only, not meant to be exhaustive, the following are examples of fees that MUST be included in the advertised price of vehicles: 1. Additional fees, such as document fees, documentary fees, lot fees, processing fees, administrative fees, customer services fees, and any other terms of similar import; 2. Additional charges, such as freight charges, transportation charges, destination charges, dealer preparation charges, overhead charges, and any other terms of similar import; and Dealer installed options or accessories that are required or are routinely installed, or options which are already installed on the advertised vehicle at the time the advertisement is published, must be included in the advertised price. Only those options installed at the request of the consumer following contact/negotiation with the dealership may be omitted from the advertisement.13 Specific Credit Scores The use of a specific credit score in conjunction with advertised vehicles may be a deceptive practice if the dealership has not ascertained whether a substantial number of the consumers to whom the advertisement is directed would qualify or if the score is so high that it is extremely unlikely that a substantial number of the consumers would be able to take advantage of the advertised offers. It is highly recommended that dealers refrain from conditioning claims on a specific credit score. For example, it is deceptive to condition offers on a credit score of “750 and above,” if the dealership has not determined whether the consumers to whom the advertisement is disseminated would qualify or if the dealership purchased consumer lists and knows or should know from that information that a substantial number of consumers would not qualify. “With approved credit” is an acceptable qualification, unless the advertisement contains representations that directly state or imply that the consumer has been “pre-approved.” The meaning of terms such as “tier” and “beacon score” may not be readily understood by the consuming public, so their use should be avoided. For policies regarding the use of unexplained terms, please review the section on Disclosure/Disclaimer Placement, above. Dealer Installed Options The practice of adding on costs for rustproofing, alarms, gas and glaze packages, undercoating, glass etching, and other similar services is an unfair and deceptive practice when: 1. A required or mandatory option the price of which is discussed after a final purchase or lease amount has been reached; 2. When the cost for the service is listed below the final purchase or lease amount, which gives the appearance of a standard, pre-printed cost; 3. When the dealer represents to the purchaser that a specific price was paid by the dealership for the option or service, when, in fact the price is inflated and is used to justify the cost to the purchaser; or 4. When a dealer fails to perform the service adequately despite receiving payment for it. Duration of Offers The duration of a sale or advertised offer shall be until the next advertisement is published. Otherwise, if any time or date limitations apply, the duration of the sale or advertised offer must be accurately disclosed in the advertisement. Extra caution is recommended for self-renewing advertisements, such as Internet classifieds. 13 See, e.g., In the Matter of Bill Crouch Foreign, Inc., 96 F.T.C. 111 (1980) (consent order). WWW.GADA.COM | 89
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