98 | 2024 Membership Directory 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. Factory Prices/Factory Authorized Sale Use of words which falsely represent or imply the ownership, operation, or control of a factory, such as “factory showroom,” “factory direct to you,” “factory program headquarters,” and similar terms are unfair and deceptive. Use of the term “factory authorized” and similar terms is deceptive, unless the advertising dealer can substantiate that it has received a unique authorization from the manufacturer and such authorization is in addition to their normal authority to act as a franchisee of the manufacturer. Receiving a special allocation or consignment of vehicles does not, in and of itself, constitute a “factory authorized sale.” Businesses may not advertise, by use of terms such as “direct factory outlet,” “factory sale,” or words of similar import, that a special relationship exists between a manufacturer and a particular dealer, when, in fact, no special relationship exists. It is a deceptive practice to represent that retailers are selling goods at “factory prices,” or words of similar import, to consumers, when they are, in fact, selling at prices in excess of the amount paid by those purchasing directly from the manufacturer. Liquidation/Emergency Sales “Liquidation” implies that a dealer is selling all of a particular year/make/model of a vehicle and that this specific type will no longer be sold at that particular dealership or that the dealer is selling all of the inventory and ceasing to operate the business. It is a deceptive practice to use the terms “liquidation,” “Selling Out,” or other similar terms to refer to a sale of vehicles after which the advertiser will continue to operate the business or will continue to sell the year/make/model of vehicles included in the advertised liquidation. Words such as “Inventory Liquidation,” “Emergency, Forced to Sell,” “Prices Slashed,” “Inventory Liquidation,” or similar terms should not be used, unless the price has been permanently reduced by a significant amount from the actual price and will not be increased at a later date. The word “liquidation” used in conjunction with terms such as “bankruptcy” or “court-ordered” will be considered deceptive if such sale is not ordered by a court or a result of a bankruptcy sale. Going Out of Business Sales It is unlawful to conduct a “going-out-of-business sale,” or other form of distress sale, for more than 90 days.15 After the ninety-day time limit, it shall be an unfair and deceptive practice to continue to do business in any manner contrary to any representations which were made regarding the nature of the going-out-of-business sale. Auctions It is an unfair and deceptive practice to state in any advertisement that a dealership is conducting or will conduct an auction of vehicles for sale to the consuming public, unless the name and 14 GA. CODE ANN. § 10-1-424 (2007). 15 GA. CODE ANN. § 10-1-393(b)(24) (2007).
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