prices must include all non-government fees. The only permitted exclusions are tax, tag, title and lemon law fees. Any advertisement that lists a price “plus” another amount (such as dealer or ETR fees) will be considered deceptive. This applies to online advertising, which includes dealer websites, as well as online magazines and inventory lists. One frequent question is whether a dealer must disclose the amount of non-government fees. Although dealers are required to include all non-government fees in advertised prices, dealers are not required to state the amount of those fees. Some dealers choose to do so for transparency, using an itemized “math stack” that demonstrates each component of the total price available to any consumer. Incentives or discounts should only be included if they apply to ALL consumers. If a dealer uses this method to show how the total price is calculated, ensure that the most prominent, conspicuous and clearly labeled amount is the all-inclusive total price that is available to any consumer. An itemized “math stack” should not be confusing. Another question that has come up relates to advertising MSRP. Historically, MSRP has not been considered an advertised price. Having said that, as GADA has previously warned, GACPD has raised concerns about advertising MSRP and then adding amounts, sometimes substantial amounts, for “market adjustment.” Dealers are cautioned that this practice may be considered deceptive. GADA is here to help. Although we do not review specific advertisements, you can contact us with general compliance questions at legal@gada.com. This column is intended for informational purposes only and is not to be considered as legal advice. Dealers are advised to seek legal counsel from dealership legal counsel or other competent professionals regarding dealership operations and legal compliance. This column is not intended to encourage concerted action among competitors or any other action on the part of dealers that would in any manner fix or stabilize the price or any element of the price of any good or service. 5 THE GENERATOR
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