Ohio Consumer Law Advertising For Auto Dealers
Auto Dealer Advertising Rules and the Ohio Consumer Sales Practice Act
INTRODUCTION
The Ohio Attorney General has adopted very tough and specific rules on advertising by auto dealers. These rules are designed to protect the consumer by forcing the dealer to avoid certain tactics perceived to be unfair. Compliance many times involves requirements to provide certain information to the consumer by the auto dealer that is believed to be essential for the consumer to make an informed decision. Many times, the information the dealer must provide in an advertisement is even regulated as to the size of the print that must be used. This type of drastic regulation, though ignored by many dealers, may become an effective tool for consumers to rescind the transaction even though the complaint they have concerning the auto is unrelated. Typically, a consumer has a "shake, rattle and shimmy" complaint that the auto dealer fails to fix to the consumer's satisfaction. As a result of the consumer's dissatisfaction, they contact a lawyer about the shake, rattle and shimmy. While the consumer may have a valid case concerning the shake, rattle and shimmy, the lawyer may discover he has an "open and shut case" if the dealer has violated some advertising rule. Any violation of the various advertising rules generally permits the consumer to rescind the transaction. Assuming the consumer qualifies for rescission, the consumer gets all the money they paid, including interest, back from the auto dealer. Alternatively, the consumer may seek monetary damages of $ 200.00 or three times the consumers actual damages, whichever is greater.
What are some of the basic pieces of information that must be contained in the advertisement?
This is not a complete list, however a standard newspaper ad must generally contain the following items:
- Termination Date of the Sale Prices Advertised
- Whether the Prices Quoted are for a Sale or for a Lease
- Whether the Vehicle is New or Used
- A Statement as to the Quantity of New Vehicles Available at the Advertised Price
- Whether any Price, Rate or Term is Subject to Qualification, i.e., first time buyers only
If you need more information, Blackstone Legal Publications, Inc. has a manual available that details all the rules an auto dealer must comply with in Ohio.
