Okla. Admin. Code § 765:16-3-11 - Prohibited statements
The following statements are presumptively false and misleading, and the burden of proving otherwise shall be on the advertiser/licensee:
(1) Statements
such as "write your own deal", "name your own price, "name your own monthly
payment", or statements with similar meaning.
(2) Statements such as "everybody financed",
"no credit rejected", "guaranteed approval", you are "pre-approved", and other
similar statements representing or implying that no prospective credit
purchaser will be rejected because of his inability to qualify for
credit.
(3) Statements representing
that no other dealer grants allowances for trade-ins, however stated, unless
such is the case.
(4) Statements
representing that because of its large sales volume a dealer is able to
purchase vehicles for less than another dealer, unless such is the
case.
(5) No merchandise or
enticement may be described as "free" if the vehicle can be purchased for a
lesser price without the merchandise or enticement, or if the price of the
vehicle has been increased to cover the cost or any part of the cost of the
merchandise or enticement. The advertisement shall clearly and conspicuously
disclose the conditions under which the "free" offer may be obtained.
(6) The term "dealer's cost", or other
reference to the cost of the vehicle to the dealer shall not be used.
(7) No "" trade-in amount or range of amounts
shall be advertised.
(8) A used
vehicle shall not be advertised in any manner that creates the impression it is
new.
(9) The use of the terms
"liquidation", "going out of business", or statements with similar meaning, are
prohibited unless a dealer is actually going out of business and ceasing its
operations at the licensed location. If a dealer is going out of business,
these terms may only be advertised during the period between the execution of a
buy-sell agreement with the proposed buyer and the actual effective date of the
sale.
(10) An offer of a buy down
rate is prohibited without the appropriate disclaimer: "This is a buy down
rate. The amount of the buy down may affect the price of the
vehicle."
(11) Terminology such as
"we pay off your trade no matter how much you owe" or statements with similar
meaning shall not be used, unless accompanied by a disclaimer indicating that
pay off is dependent upon approved credit.
Notes
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