Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 20 - Dealer Licensing and Registration
Part 1 - Dealers, Manufacturers, and Rental Licenses
Section 280-RICR-30-20-1.9 - Advertising
Universal Citation: 280 RI Code of Rules 30 20 1.9
Current through September 18, 2024
A. Name and Address of Dealer
1. All advertising for the sale or purchase
of any motor vehicle must disclose the licensed business name and address of
the dealer, except classified advertisements, which need only contain the
dealer's license number.
B. Price
1.
No dealer shall advertise the price of motor vehicles unless such price is the
full delivered price. Charges for freight, handling, vehicle preparation,
overhead expenses, consultation fees, or any other fees that are inconsistent
with these rules shall not be used in advertising nor included on the bill of
sale.
2. When the price of a motor
vehicle is quoted, the advertisement shall clearly identify the motor vehicle
as to make, year and model.
3. The
word "wholesale" shall not be used in retail motor vehicle advertising to imply
that motor vehicles are being offered to the general public at "wholesale
prices".
4. The price of motor
vehicles shall not be advertised in relation to the vehicles "dealer cost", or
words of similar meaning. "Invoice price" may be used provided the dealer
provides the Department with the invoice issued from the manufacture
substantiating any statements the dealer makes in advertising the vehicles
prior to the use of "Invoice price" in any and all advertisements.
5. No dealer shall offer a motor vehicle with
"cash rebates" or words of similar meaning, unless such rebate is in the form
of a cash incentive given directly to the consumer from the manufacturer or
distributor of said motor vehicle.
6. No price shall be used in the advertising
for sale of motor vehicles unless a vehicle or vehicles are actually available
at the price stated and as described. Whenever a price is advertised for a new
motor vehicle, the stock number of that vehicle must be conspicuously placed in
the ad, unless it is clearly stated that the vehicle may be ordered at such a
price. If the ad states that the vehicle must be ordered and is not in stock,
it must also state an approximate reasonable delivery date based on actual
recent experience with delivery time for that particular make and model of
vehicle.
7. Unsupported
underselling claims are viewed as not in the public interest and shall not be
used because it is obvious that no dealer can be fully informed about every
competitor's prices at all times. This pertains to such statement as: "Our
prices are guaranteed lower than elsewhere", "Money refunded if you can
duplicate our values", "We guarantee to sell for less", "Highest trade-in
allowance", "We give $300.00 more in trade than any other dealer",
etc.
8. Use of telegrams, cards,
circulars, letters or other advertising containing such offered as "Would You
Take $..", "If I Could Get You $...For Your Car", are condemned as deceptive
and detrimental to the public's interest. Such devices have invariably been
found to be inaccurate and to have been used unfairly to attract purchasers who
were not given the trade allowances quoted.
9. Statements such as "Write Your Own Deal",
"Name Your Price", "Name Your Own Monthly Payments", "Appraise Your Own Car",
and phrases of similar import shall not be used.
C. Bait and Switch
1. Bait and switch advertising and selling
practices shall not be used. A motor vehicle advertised at a specific price
shall be in the possession of the advertiser and conspicuously displayed at the
address given, unless the ad clearly states the vehicle must be ordered. It
shall be willingly shown, demonstrated and sold or, as to a new motor vehicle
floor model, orders shall be taken for future delivery of the identical model
at the advertised price and terms. If the specific model advertised at a
designated price is not available, as it has been sold subsequent to the
placing of the ad, the advertiser shall, upon request of any interested buyer,
show sales records of the advertised motor vehicle or motor vehicles which
allegedly have been sold.
D. Bushing
1. Bushing is the practice of increasing the
selling price of a car that was originally quoted to the purchaser, after the
purchaser has made an initial payment, either with money or with a trade-in, or
signed a contract. Such practice of bushing or similar practice is deceptive,
not in the public interest, and shall not be used.
E. Trade-In Allowance
1. No specific price shall be stated in an
advertisement as an offer for a trade-in, if the price so stated is contingent
upon the condition, model, or age of the prospective buyer's motor vehicle,
without so stating in the advertisement. The use of phrases such as "up to",
"as much as", etc. shall not be considered an adequate explanation.
Notwithstanding any provisions to the contrary in a retail sales agreement, no
dealer shall decrease the value to a trade-in previously made part of a sales
agreement because of additional depreciation from the time of the agreement
until delivery of the new vehicle. This shall not exclude a dealer from
re-evaluating a trade-in because of damage to the vehicle or removal of
equipment after the sales agreement was entered into but before delivery of the
new vehicle is completed.
F. Used Vehicles
1. When a used car of the current or previous
year series is advertised in any media, the word USED or USED PROGRAM CAR must
be shown as the prefix to the model year in the same size type. The stock
number and current mileage shall also appear. EXAMPLE: Used (year) (make)
(model) (stock number) (mileage)
G. Repossessions
1. The term "repossessed" shall be used only
to describe such motor vehicles as have been presently and directly taken back
from a purchaser. Advertisers offering repossessed cars for sale shall be
willing to offer proof of such repossessions. An amount quoted as an unpaid
balance shall be the full selling price unless otherwise stated.
H. Dealer Prep
1. No dealer shall charge its new car
customers for "dealer prep" or other specified pre-delivery services when the
manufacturer or distributor of the vehicle in question has agreed to reimburse
dealer for such services, or when the dealer's agreement with the manufacturer
or distributor contemplates that the dealer will adequately prepare the vehicle
for delivery at no charge to the customer.
I. Free Equipment
1. No equipment, accessories, or other
miscellaneous merchandise shall be described as "Free", "No Charge", or words
of similar meaning unless such "Free" equipment, accessories, or other
miscellaneous merchandise is from a manufacturer sponsored promotion and such
promotion is substantiated in writing from the manufacturer and provided to the
Department by the dealer prior to the use of "Free" in any and all
advertisements. No cash awards or merchandise give-aways shall be offered.
Trading stamps may not be offered with the purchase of a motor vehicle. No
equipment, accessories or other merchandise shall be described as being
available at minimal cost, in an attempt to circumvent this rule. This rule,
however, shall not be construed to prevent a dealer from advertising whatever
equipment a motor vehicle contains at the advertised price by use of such
wording as "every car includes X, Y, Z equipment".
J. Driving Trials
1. "Free Driving Trial" can only mean that
the purchaser may drive the car during the trial period and return it to the
dealer within the specified period and obtain a refund of all moneys, return of
the car traded in, signed agreements or other considerations deposited. The
exact terms and conditions of the "Free Driving Trial" shall be set forth in
writing and a copy given to the purchaser at the time of sale.
2. "Driving Trial" means that the purchaser
may have the use of the car with the understanding that if it is not
satisfactory, the amount paid will be applied to any other car in the dealer's
stock, of like or greater advertised value. The exact terms and conditions of
the "Driving Trial" shall be set forth in writing and a copy given to the
purchaser at the time of sale. The car, however, must be returned within the
driving trail period, in substantially the same condition as when
received.
K. Guaranteed
1. When such words as "Guarantee",
"Warranty", or other terms implying protection are used in advertising,
explanation shall be given in clear and concise language as to the time and
coverage of such guarantee or protection. The purchaser shall be provided with
a written document stating the specific terms and coverage therein.
a. Unless otherwise qualified, such
expressions as "90-Day Warranty", "6-Month Warranty", or others of similar
import, mean that the seller will pay for all needed repairs, both as to labor
and parts, for the period of time and/or mileage specified.
b. If either labor or parts are not covered
by such guarantee or warranty, the offer shall be qualified as, for example,
"Parts Guaranteed - Labor Extra".
c. A "new car guarantee" shall not be offered
in connection with the sale of a used car.
L. Pictured Vehicles
1. No photographs, sketches, cuts, etc. shall
be used showing equipment not included in the price quoted unless it is clearly
itemized as to which equipment pictured is not included in the quoted price.
(Examples: whitewall tires, two-tone paint, deluxe trim, bumper guards, special
wheel covers, etc.)
Disclaimer: These regulations may not be the most recent version. Rhode Island 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.
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