Auto Advertising Enforcement Policies contract.24 For example, dealers should refrain from backdating subsequent finance agreements to the date of a prior agreement so that the interest begins to run on the date of the first agreement. This practice is a violation of TILA and will be treated as an unfair and deceptive practice. Emission Inspection Fees Not Permitted Dealers cannot charge purchasers of used vehicles for emission inspection fees when the vehicles were required by law to be sold with unexpired emissions certificates.25 Dealers cannot charge used vehicle purchasers for Georgia Lemon Law fees, when these fees are only properly charged for new automobiles.26 Spanish Used Car Buyer’s Guides Required When Sales Conducted in Spanish If a dealership conducts used automobile sales in Spanish, certain forms in Spanish must be provided to the consumer, as required by Federal Trade Commission’s Used Motor Vehicle Trade Regulation Rule.27 This rule requires that sales conducted in Spanish should include a window sticker and contract language disclosures in both Spanish and English. As help to used automobile dealers, the requisite Spanish version of the window sticker is also reprinted in the rule.28 Further, the FTC has accepted numerous consent agreements regarding the provision of contracts in the same language as that in which the sales presentations were primarily conducted. Internet Sales Practices With regard to sales practices, more consumers are negotiating online with dealers to lease or purchase motor vehicles. Consumers often seek specific features and in many instances the dealer may not have that vehicle in stock. When conducting such transactions, dealers need to ensure that consumers receive, at a minimum, written information regarding the following five terms: 1. Whether the vehicle is currently in stock or the time period during which the vehicle will be available for delivery, if it is not in stock; 2. The vehicle identification number; 3. The price of the vehicle, excluding government fees; 4. The vehicle’s mileage or, if the vehicle is not in stock, the estimated mileage upon delivery; and 5. An accurate description of the vehicle, including, but not limited to, color, optional equipment and warranty information. 24 Rucker v. Sheehy Alexandria, Inc., 228 F. Supp. 2d 711, 717 (D. Va. 2002). 25 GA. CODE ANN. § 12-9-54 (2007). 26 GA. CODE ANN. § 10-1-789(a) (2007). 27 16 C.F.R. § 455.5 (2007). 28 Id. 102 | 2025 MEMBERSHIP DIRECTORY | 2026 MEMBERSHIP DIRECTORY
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