Monroney Sticker When a dealership is offering to sell a vehicle for which a federal Monroney sticker is required, it is deceptive to charge or attempt to charge more than the Manufacturer’s Suggested Retail Price, unless the dealer’s asking price or supplemental price is clearly and conspicuously disclosed on a supplemental sticker adjacent to the Monroney sticker. It is deceptive for a dealership to misrepresent or conceal the reasons for additional charges listed on a supplemental sticker (e.g., using abbreviations, such as “ADP” for “Additional Dealer Profit,” which conceal the actual reason for the additional charge). Unique/Special Sales Events It is a violation of the Fair Business Practices Act to represent or imply in any advertisement that the dealership is selling or leasing vehicles in a manner that differs from the regular business practice, when such is not the case. “Unique sales event” representations lead consumers to infer that they will receive special deals or pay less to purchase or lease a vehicle than they otherwise would. By way of illustration, examples of representations of special sales events include, but are not limited to: 1. Pre-auction Sales The dealership must be able to show that vehicles that were available for sale during the sales event, but were not purchased, were then sent off to auction. The term “pre‑auction sale” implies that consumers will receive a bargain price on a vehicle. 2. Verified/Certified Events The dealership must be able to substantiate that the vehicles were verified or certified, the credentials of the entity that verified/certified the vehicles prior to sale, and the criteria that must be met in order for vehicles to be verified/certified. 3. Seized Vehicle Events The term “seized” usually implies that the goods being sold were confiscated from the prior owner by a law enforcement agency or other government entity. Dealerships should avoid using this term in advertisements. 4. Repossessed Vehicle Sales Events The dealership must be able to substantiate that it had a significant number of “repossessed” vehicles available for sale to the consuming public. Vehicles purchased at auction, regardless of whether they were repossessed prior to being sold at auction, may not be advertised as “repossessed.” 5. Reprocessed Vehicle Sales Events This term is intended to confuse or mislead the public into believing that repossessed vehicles are being sold and its use will be considered an unfair and deceptive practice. 6. Representing That a Sale Is Endorsed by the Government The dealership may not utilize, in connection with advertisements, official government seals, insignia or symbols, or what reasonably appear to be official government seals, insignia or symbols. Representations containing these elements reasonably appear to be sanctioned by a government entity, when such is not the case. Wholesale/Wholesale Prices It is illegal for any person, firm, or association to misrepresent the true nature of its business by use of the word “wholesaler” or words of similar import.14 No person, firm, or association may represent that it is a “wholesaler” or selling goods at “wholesale prices,” unless it is actually selling at wholesale those items for the purpose of resale, and not to consumers. A violation of this statute is a misdemeanor, as well as an unfair and deceptive practice under the Fair Business Practices Act. Fleet Prices It is the position of this office that the use of the term “fleet” in advertising directed to the consuming public has the tendency and capacity to mislead. This is due to the fact that manufacturers sell vehicles to rental car firms, major corporations, and government agencies at true “fleet” prices, which are often less than the prices at which dealerships sell vehicles to consumers. Actual “fleet” prices are based on the large volume of vehicles sold and are not available on single vehicle purchases. Since actual “fleet” prices are not available to the consuming public, advertisements disseminated to consumers using this term will be considered misleading and deceptive. 14 GA. CODE ANN. § 10-1-424 (2007). 90 | 2025 MEMBERSHIP DIRECTORY
RkJQdWJsaXNoZXIy MTg3NDExNQ==