Idaho Administrative Code
Title IDAPA 04 - Attorney General, Office of the
Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL
Subchapter W - AUTOMOBILE ADVERTISING AND SALES
Section 04.02.01.234 - OTHER ADVERTISING PRACTICES

Universal Citation: ID Admin Code 04.02.01.234

Current through August 31, 2023

It is an unfair and deceptive act or practice for a dealer to: (3-31-22)

01. Demonstrator Vehicles. Advertise any demonstrator vehicle without clearly and conspicuously disclosing: (3-31-22)

a. The year, make, and model of the motor vehicle; and (3-31-22)

b. That the motor vehicle is a "demonstrator" or has been previously driven. (3-31-22)

02. Executive or Official Vehicles. Advertise any executive or official vehicle: (3-31-22)

a. Without clearly and conspicuously disclosing the year, make, and model of the motor vehicle; (3-31-22)

b. Without clearly and conspicuously disclosing that the motor vehicle is an executive or official vehicle and has been previously driven, using the words "Pre-Driven," or "Previously Driven," or words of similar meaning; (3-31-22)

c. Without displaying the Used Car Buyers Guide on the motor vehicle as required by the Federal Trade Commission Rule on Used Motor Vehicles ( 16 C.F.R. 455 ); or (3-31-22)

d. By using any word or phrase which would lead a reasonable consumer to believe that the advertised motor vehicle is a new motor vehicle. (3-31-22)

03. Leased Vehicles. Advertise any leased vehicle: (3-31-22)

a. Without clearly and conspicuously disclosing the year, make, and model of the motor vehicle; (3-31-22)

b. Without clearly and conspicuously disclosing that the motor vehicle is a leased vehicle; (3-31-22)

c. Without displaying the Used Car Buyers Guide on the motor vehicle as required by the Federal Trade Commission Rule on Used Motor Vehicles ( 16 C.F.R. 455 ); or (3-31-22)

d. By using any word or phrase which would lead a reasonable consumer to believe that the advertised motor vehicle is a new motor vehicle. (3-31-22)

04. Other Used Motor Vehicles. Advertise any other used motor vehicle: (3-31-22)

a. Without clearly and conspicuously disclosing the year, make, and model of the motor vehicle; (3-31-22)

b. Without displaying the Used Car Buyers Guide on the motor vehicle as required by the Federal Trade Commission Rule on Used Motor Vehicles ( 16 C.F.R. 455 ); or (3-31-22)

c. By using any word or phrase which would lead a reasonable consumer to believe that the advertised motor vehicle is a new motor vehicle. (3-31-22)

05. Dealer Rebates. Advertise that a consumer will receive a payment of money, or that a payment will be made to a third person on the consumer's behalf, in conjunction with the purchase or lease of a motor vehicle, unless the payment is being offered by the manufacturer of the motor vehicle. A dealer may also advertise any manufacturer's rebate for which the manufacturer requires any financial participation by the dealer so long as the dealer clearly and conspicuously discloses in the advertisement the following disclosure: "DEALER PARTICIPATION IN THE REBATE PROGRAM MAY INCREASE VEHICLE PRICE BEFORE REBATE." (3-31-22)

06. Trade-In Allowances. Advertise or offer a specific trade-in allowance (i.e., "$2500 minimum trade-in"), including, without limitation, that the trade-in will be valued at a specific amount or guaranteed minimum amount if: (3-31-22)

a. The price of the motor vehicle offered for sale is increased because of the amount of the allowance; or (3-31-22)

b. The offer fails to disclose that it is conditioned upon the purchase of additional options or services, if such is the case. (3-31-22)

07. Trade-In Policies. Advertise or offer a range of amounts for trade-ins (e.g., "up to $1,000" or "as much as $1,000"), unless the advertisement clearly and conspicuously discloses the criteria the dealer will use to determine the amount to be paid for a particular trade-in. Such criteria might include age, condition, or mileage of the motor vehicle. (3-31-22)

08. No Money Down. Advertise using the phrase "no down payment," "no money down," or words of similar meaning, unless, subject to the consumer's credit approval, the dealer is willing to sell the advertised motor vehicle to a consumer without the requirement of a trade-in or prior payment of any kind. (3-31-22)

09. Dealer's Size. Use statements as to the dealer's size, inventory, or sales volume to represent or imply that the dealer can and does sell automobiles at a lower price, as a result of such size, inventory, or volume, than do other dealers, unless such is the fact. (3-31-22)

10. Factory Outlet. Advertise using the terms "Factory Outlet," "Authorized Distribution Center," or similar special affiliation, connection or relationship with the manufacturer that is greater or more direct than that of any other dealer, when, in fact, no such affiliation, connection, or relationship exists. (3-31-22)

11. Contract Add-Ons. Negotiate the terms of a sale and thereafter add the cost of items to the contract, including, without limitation, extended warranties, credit life, dealer preparation, or undercoating, to the contract without previously disclosing this to the consumer and without first obtaining the consumer's consent. (3-31-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.