Current through September 24, 2024
(1)
General Principles.
(a) All advertising in any form
of media including any oral, written, graphic or pictorial statement made in the
course of soliciting business, including without limitation, a statement or
representation contained in a notice, sign, poster, display, circular, pamphlet, or
letter, on radio, the Internet, via an on-line computer service, or on television,
must conform to all applicable provisions of this chapter in addition to any other
applicable Tennessee state or federal laws and regulations.
(b) False, misleading or deceptive advertising of
motor vehicles or recreational vehicles is prohibited.
(c) Any disclosures of material facts in the
advertising of motor vehicles or recreational vehicles must be made in a clear and
conspicuous manner.
(2)
Advertising of New Motor Vehicles or Recreational Vehicles.
(a) If a motor vehicle or recreational vehicle
advertisement pertains to a specific new vehicle, the advertisement must indicate
the stock number of that vehicle.
(b) If
a motor vehicle or recreational vehicle advertisement pertains to a new vehicle
which is not then in stock, the advertisement must disclose that the vehicle is to
be ordered from a manufacturer, distributor, wholesaler or other identified
source.
(c) A group of similar motor
vehicles or recreational vehicles may be advertised by one stock number, as long as
the advertised price of each vehicle of that group is the same.
(3) Advertising of Used Motor Vehicles or
Recreational Vehicles.
(a) If an advertised motor
vehicle or recreational vehicle is required by T.C.A. Title 55, Chapter 3 to be
titled as a used motor vehicle or recreational vehicle, the advertisement shall
disclose that the motor vehicle or recreational vehicle is "used", or "pretitled",
or "previously owned", or words of similar import or intent.
(b) If a motor vehicle or recreational vehicle
advertisement pertains to either a specific used vehicle or group of used vehicles,
the advertisement must indicate the stock number of at least one of the
vehicles.
(4) Price
Advertising.
(a) If the price of a motor vehicle or
recreational vehicle is advertised, the advertisement:
1. Shall include in the advertised price any
factory-installed options and dealer-installed accessories. For new motor vehicles
the advertised price must include the manufacturer's suggested retail price
(M.S.R.P.), any factory-installed options, factory transportation costs, and any
dealer-installed accessories.
2. Shall
state the following are not included in the advertised price:
(i) The cost of optional equipment selected by the
purchaser;
(ii) The cost of any
additional fees described under §
55-17-114(b)(1)(E) to include any
dealer-imposed fee, by any name; and
(iii) State and local taxes, tags, registration,
and title fees.
3. Shall
separately list and describe any additional fee includable under (a)(2)(ii) of this
paragraph and state the amount thereof in a clear and conspicuous manner as defined
in §
55-17-114(b)(1)(E).
4. Shall
not state an advertised price which includes any trade-in allowance, down payment,
capitalized cost reduction, or any funds which the consumer is expected to pay in
order to reduce the cost of the vehicle to the advertised price, other than rebates
from the manufacturer or distributor for which all consumers qualify. However, the
use of a down payment or a capitalized cost reduction as a term of credit is
acceptable. If the rebate from manufacturers or distributors to all customers is
utilized in order to reduce the price, then that fact must be disclosed in the
advertisement.
5. If on a new motor
vehicle or recreational vehicle, shall not state that the advertised price has been
discounted unless the price is discounted from the manufacturer's suggested retail
price (M.S.R.P.) as reflected on the Monroney label.
(b) When the "suggested retail price" of a new
motor vehicle or recreational vehicle is advertised by a manufacturer, distributor,
factory representative, or distributor representative, that price must include all
charges (other than those for optional equipment); except, however, that destination
charges and sales taxes must be specifically excluded.
(c) No motor vehicle or recreational vehicle
advertisement may indicate the price of a motor vehicle or recreational vehicle in
terms of the "invoice," "factory invoice," or "dealer invoice" unless:
1. The invoiced price is the actual price of the
manufacturer or distributor to the dealer; and
2. The advertisement discloses any other material
factors that may affect the ultimate cost to the dealer, such as manufacturer
incentives and awards and dealer hold back.
(d) Unsubstantiated selling claims and misleading
statements or inferences including the use of superlatives are strictly prohibited.
Examples include: "write your own deal," "name your own price," "we are number 1 in
car sales," "lowest price in the south."
(e) If the price and/or terms of sale or lease of
a specific motor vehicle or recreational vehicle, or group of motor vehicles or
recreational vehicles is advertised, the motor vehicle or recreational vehicle(s)
shall be presented and sold at the advertised price and/or terms. Unless the
advertisement states that the advertised price and/or terms are effective for only a
specific time period or expire at a specific time, the period of time the price
and/or terms remain effective is five (5) days following the last date said
advertisement is published in any advertising medium.
(5) Reduced Interest Rates. No reduced interest
rate on motor vehicle or recreational vehicle financing may be advertised if the
cost thereof should be directly or indirectly borne by the buyer unless the
advertisement discloses that such rate will affect the negotiated price of the
vehicle to the buyer.
(6) Trade-in
Allowance. No motor vehicle or recreational vehicle advertisement may include a
"guarantee" or "minimum" trade-in allowance unless the advertisement also states the
price of the vehicle in accordance with paragraph (4) of this rule.
(7) Identification. All advertising in all forms
of media, including computer generated advertising, initiated from this state shall
identify the motor vehicle or recreational vehicle dealer by name and/or dealer
license number.
(8) Credit Sales
Advertising and Federal Regulation Z as issued by the Board of Governors of the
Federal Reserve System. An advertisement which complies with the Federal Truth in
Lending Act (15 U.S.C. §
160 et seq.) and amendments thereto, and any
regulations issued or which may be issued thereunder, shall be deemed in compliance
with the provisions of this section. Any advertisement not in compliance with these
Federal provisions constitutes violation(s) of this rule.
(9) Lease Advertising and Federal Regulation M as
issued by the Board of Governors of the Federal Reserve System. An advertisement
which complies with the Consumer Leasing Act of 1976 (15 U.S.C. §
1601 et seq.)
and amendments thereto, and any regulations issued or which may be issued
thereunder, shall be deemed in compliance with the provisions of this section. Any
advertisement not in compliance with these Federal provisions constitutes
violation(s) of this rule.
(10) Free
Offers. "Free," "at no cost" or other words to that effect shall not be used unless
the "free" item, merchandise, or service is available without a purchase. The
provision shall not apply to advertising placed by manufacturers, distributors, or
line-make marketing groups. An advertisement which complies with the Federal Trade
Commission guidelines at 16 CFR 251.1 and the Consumer Protection Act of 1977,
Tennessee Code Annotated, Section 47-18120, concerning free offers in connection
with negotiated sales shall be deemed in compliance with the provisions of this
section. Any advertisement not in compliance with these provisions constitutes
violation(s) of this rule.
(11)
Advertising Repossessed Vehicles or Special Loans on Vehicles. Advertising of
"repossessed" vehicles, or any inference made to that effect, will be construed to
be misleading or deceptive unless such vehicle has been repossessed from an
immediate former owner. Additionally, a dealer shall not advertise in any manner as
to infer that a purchaser will be receiving benefits of any existing loan on a
vehicle when no such benefit or loan exists.
Authority: T.C.A. §§
55-17-107(1),
55-17-114(b)(1)(E), and 55-17-402.
