90 | 2024 Membership Directory Georgia Department Of Law Consumer Protection Division Auto Advertising And Sales Practices Enforcement Policies I. INTRODUCTION The Georgia Fair Business Practices Act of 1975 (FBPA) declares that “[u]nfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices are unlawful.” The FBPA states that its purpose is to “protect consumers and legitimate business enterprises” from these practices. The FBPA then lists, by way of illustration only, examples of practices which are deemed to be unlawful. This list is not intended to be exhaustive, but only to provide further guidance as to what types of conduct constitute unfair and deceptive practices. It is in this spirit that the Consumer Protection Division of the Georgia Department of Law promulgated the Auto Advertising and Sales Practices Enforcement Policies. In the area of consumer protection, issues dealing with automobiles carry a significant amount of weight. This is due to the fact that, for many consumers, the purchase or lease of an automobile constitutes a major financial obligation second only to the purchase of a home. For that reason, this office has endeavored to draft policies that will ensure that consumers are given adequate, accurate information in advertisements prior to entering into a contract for the purchase or lease of an automobile, and that the sales tactics automobile dealers utilize are fair. These policies are intended to further explain the application of the FBPA to relevant issues as they pertain to automobile advertising and sales. The policies detail some of the types of advertising and sales issues that we view as unfair or deceptive acts or practices, and thus violations of the FBPA. The policies are meant to be a resource and should not be construed as the final word on advertising. Because new approaches to advertising are constantly being developed, it will be necessary for these enforcement policies to track Georgia’s Fair Business Practices Act, whether or not the specific issue has been addressed in these policies. This office will continue to take action against violations of the laws we administer. Under the Fair Business Practices Act, we are to be guided by the Federal Trade Commission’s interpretations of its Act. As a result, many of these policies are based on or taken from policies promulgated by the FTC. It is our intention to continue to work with automobile dealers and their representatives to resolve any problems, and to take administrative and/or legal action where necessary, to fairly and efficiently enforce the FBPA in order to protect the consumers and legitimate businesses of this state. If you have any questions or suggestions regarding these policies, or want to report a problem, please feel free to contact the Georgia Department of Law’s Consumer Protection Division at 2 Martin Luther King Junior Drive, Suite 356-East Tower, Atlanta, Georgia 30334, telephone # (404) 458-3800, fax # (404) 651-9018. II. APPLICABILITY These policies apply to all forms of advertising, including, but not limited to, radio, television, print, electronic, direct mail, flyers, billboards, showroom displays and other dealership displays, and the Internet. III. RESPONSIBILITY The dealership on whose behalf the advertisement is disseminated or conducted is primarily responsible under the law for the content of its advertising. Although the drafter of the advertisement is also liable, the dealership which tags the advertisement is the entity responsible for its content and is charged with the duty of reviewing and modifying, where appropriate, the advertisements generated by all sources, including national advertisements, groups advertisements, association advertisements, manufacturer advertisements and advertisements of a similar nature, to ensure compliance with the regulations of Georgia before the advertisement is disseminated. Advertising agencies, associations or groups shall also have responsibility for advertisements created by or for them. This includes advertising prepared for the dealer by, including but not limited to, the media, advertising agents, and manufacturers.
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