“Number One Volume Dealer” or “Largest Dealer” Claims Use of terms such as “Number One,” “#1,” “Largest,” “Biggest,” or similar terms are considered to represent vehicle retail sales volume (total number of vehicles). The source for the claim, including, but not limited to, time frame and category, must be disclosed in immediate proximity to the claim. These claims should not be made unless the dealer can substantiate the claim with documentation from the manufacturer, distributor, or some other independent and reliable source. Price Matching/Price Equaling Offers Use of terms such as “guaranteed lowest prices,” “we’ll beat any deal,” “we’ll match your best offer,” “we won’t be undersold,” or similar terms must include clear and conspicuous disclosure of all conditions or limitations on the offer. “We’ll beat any advertised price” is an acceptable offer. The consumer may be required to produce a competing dealer’s advertisement in order to substantiate a claim of a lower offer. However, such offers shall not require the presentation of any evidence which places an unreasonable burden on the consumer or the competing dealer. Examples of unfair requirements include, but are not limited to: 1. Requiring the consumer to produce a signed buyer’s order or contract; 2. Requiring that the consumer pay a deposit to the competing dealer; 3. Requiring a competing dealer to sell the vehicle to the advertising dealer; or 4. Requiring the production of a written offer from a competing dealer. “New”/“Demo” Vehicles “New” Vehicles: It is deceptive to advertise or represent a vehicle as “new” if it is not new for any of the following reasons without affirmatively disclosing the nonconformity in writing to the customer: 1. Vehicle has been previously titled; or 2. Vehicle has been previously sold or leased to a retail customer. These disclosures should be made regardless of whether or not a title application has been made on such vehicles, and notwithstanding the issuance or correction of a title to designate the vehicle as “new” for titling purposes. “Demonstrator” vehicles: It is deceptive to advertise or represent a vehicle as a “demo” or “demonstrator” unless it has been used exclusively for demonstration purposes by dealership personnel. Used cars, previously leased cars, driver education cars, former rental cars, loaner cars, or cars which have been delivered to a retail customer and then returned for credit reasons, are not considered to be “demonstrators.” C. Availability Advertised vehicles must be sold at or below the advertised price regardless of whether or not the advertised price has actually been communicated to the purchaser prior to the sale. Exception: When the advertisement clearly and conspicuously discloses a requirement to bring in the advertisement, or a coupon in the advertisement, in order to receive the sale price, and the sale price is not given to anyone who does not follow those instructions. There must be a sufficient supply of advertised vehicles to meet reasonably expectable public demand; otherwise the advertisement should disclose a limitation of quantity. Dealerships shall not misrepresent the number, makes, or models of vehicles that will be available at sales events. Use of a stock number is sufficient to indicate that only one vehicle is available. Other acceptable disclosures include “only 2 in stock,” “limited supply,” or “quantities limited.” Use of the terminology “select models” or “choose from a selection of vehicles” cannot be used to indicate a limitation of quantity. If an advertised vehicle is not in stock, but is available only by order, the advertisement should clearly and conspicuously disclose this fact. Such advertisements should not be used when the manufacturer’s model year production run has ceased or when orders may not be placed with the factory. D. Promotions: Contests, Giveaways, Sweepstakes, Gifts, Awards, Prizes and Prize Certificates20 1. Definitions, Exceptions to Georgia Criminal Statute a. A “promotion” is defined in the FBPA as any procedure for promoting consumer transactions in which one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a 20 GA. CODE ANN. § 10-1-393(b)(16), (22), (23), (27) (2007). 94 | 2025 MEMBERSHIP DIRECTORY
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