Code of Maine Rules
26 - DEPARTMENT OF THE ATTORNEY GENERAL
239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL
Chapter 104 - MOTOR VEHICLE ADVERTISING
Section 239-104-1 - DEFINITIONS

A. "Advertisement," "advertising," or "ad," unless otherwise noted, means any oral, written, electronic or graphic statement made by, for, or in the name of a car dealer that is in any manner connected with the solicitation of business. The term includes statements made in newspapers or other publications or on radio or television, or contained in any sign, motor vehicle window sticker, circular, brochure, letter, or other writing.

B. "Disclosure" means a clear and conspicuous statement made in such size, color, contrast, location, duration, and audibility that it is readily noticeable, readable and understandable. The disclosure may not contradict or be inconsistent with any other information with which it is presented. If the disclosure modifies, explains, or clarifies other information with which it is presented, or states "see dealership for details," then it must be presented in proximity to the information it modifies, in a manner readily noticeable, readable, and understandable, and it must not be obscured in any manner. An audio disclosure must be delivered in a volume and cadence sufficient for a consumer to hear and comprehend it. A visual disclosure for television must appear on the screen for a duration sufficient for a consumer to read and comprehend it. In a print or internet advertisement or promotional material, including without limitation point of sale display or brochure materials directed to consumers, a disclosure must be in a type size and location sufficiently noticeable for a consumer to read and comprehend it, in a print that contrasts with the background against which it appears. Commonly known abbreviations may be used in disclosures; however, those not generally known cannot be.

C. "Dealer" means a natural person, firm, corporation, partnership, and any other legal entity licensed by the State to sell new or used motor vehicles, as defined in 29-A M.R.S.A. §101, and the officers, employees and agents thereof, except auctioneers licensed by the State.

D. "Extra charge" means any consumer charge listed or requested by the dealer for the purchase of a new or used motor vehicle which is not included in the manufacturer's suggested retail price for that vehicle. Some examples are the following charges that are typically not listed on a "Monroney sticker" (the manufacturer's suggested retail price sticker): handling charges, floor planning costs, dealer installed options, charges for preparing documents or other dealer preparation services.

E. "Monroney sticker" or "MSRP sticker" means the window sticker required by the federal Automobile Information Disclosure Act, 15 U.S.C. §1231 et seq.

F. "Motor vehicle" means vehicles as defined at 29-A M.R.S.A. §101(42).