S.D. Admin. R. 61:24:07:06 - Advertising and sales presentation requirements

An advertiser may not use an advertisement or sales presentation offering or making available for sale a new or used motor vehicle if the advertisement does any of the following:

(1)Obscures or makes misleading any material fact by using a different type size, style, location, sound, lighting, or color;

(2)Misrepresents in any way the size, inventory, or nature of the business of the advertiser or seller; the expertise of the advertiser or seller or advertiser's or seller's agents or employees; or the ability or capacity of the advertiser or seller to offer price reductions;

(3)Is a part of a bait and switch plan or scheme as described in § 61:24:07:07;

(4)Advertises the immediate availability of a new motor vehicle or motor vehicle goods and services with the intent not to supply reasonably expected public demand unless the advertisement discloses the specific quantity available;

(5)Advertises a specific motor vehicle for sale that is not in the stock of the advertiser on the date the advertisement is placed unless the advertisement states "not in stock" or "order yours now" or uses a similar phrase which indicates clearly and conspicuously that the vehicle is not available for immediate delivery and indicates the period of time in which delivery will be made;

(6)Makes any representation or statement of a fact if the advertiser or salesperson knows or should know that the representation or statement is false and misleading or if the advertiser or salesperson does not have sufficient information upon which a reasonable belief in the truth of the representation could be based;

(7)Advertises the sale, repair, or maintenance service of any motor vehicle without disclosing the business name and address of the advertiser or dealer;

(8)Advertises for sale a motor vehicle for which the year and the make and model are not clearly and conspicuously disclosed;

(9)Advertises a motor vehicle for sale at a price or price comparison which represents less than the total price to be paid by a retail purchaser unless the advertisement clearly and conspicuously discloses that the price is offered with reference to a trade-in, set-off, discount, or other method of price reduction and discloses the amount of the allowance; and

(10)Advertises a specific price or range of prices that a dealer will pay for trade-in vehicles unless the advertisement meets the following requirements:

(a)The advertisement specifies the criteria the dealer will use to determine the trade-in value of a particular vehicle;

(b)The advertised price applies to all trade-in vehicles, regardless of condition or age; and

(c)The advertisement discloses any conditions trade-in vehicles must meet before the advertised price is paid.

Notes

S.D. Admin. R. 61:24:07:06

18 SDR 203, effective July 1, 1992.

General Authority: SDCL 32-6B-63.

Law Implemented: SDCL 32-6B-63.