Section 16-323. ADVERTISING

 

323.1No dealer shall in any advertisement for the sale of a motor vehicle use any word, term, or phrase which is deceptive, misleading, or which is bait advertising.

 

323.2No dealer shall in any advertisement for the sale of a motor vehicle use any qualification or condition such as "upon approved credit" or any similar statement to justify an advertisement offering extremely low down payments or terms which can be granted only to a relatively few of the persons responding to, or expected to respond to, the advertisement.

 

323.3As used in this section, the term "bait advertising" means an alluring but insincere offer to sell a motor vehicle which the advertiser in truth does not intend or want to sell, the purpose thereof being to switch purchasers from buying the advertised merchandise in order to sell something else, usually at a higher price or on a basis more advantageous to the advertiser.

 

323.4The primary aim of bait advertising is to obtain leads as to persons interested in buying merchandise of the type so advertised.

 

323.5Whenever the amount of the down payment is shown in any advertisement there shall be included, immediately adjacent to the amount of the down payment, a clear, conspicuous and non-deceptive statement of the cash sale price of the vehicle.

 

323.6If either the amount or number of the installment payments are mentioned in any advertisement, then both the amount and number of those payments shall be mentioned and with equal prominence and clarity and immediately adjacent to each other.

 

323.7In any printed advertisement of the price or terms of sale of any motor vehicle, any qualification or condition in connection with the price or terms shall be printed immediately adjacent to the price or terms in type of such size and style and in such words and manner as that it clearly, conspicuously and non-deceptively sets forth any such qualification or condition.

 

323.8When any person licensed under this chapter advertises by means of radio or television the price or terms of sale of any motor vehicle, the advertisement shall be so phrased and delivered as to be in consonance with and consistent with the spirit and intent of this section.

 

323.9For the purposes of this section, any qualification or condition shall be printed in twelve point (12 pt.) type or type one-half (1/2) the size of the type used for the price or terms which are qualified or conditioned, whichever is greater.

 

323.10The provisions of this section shall not apply to any printed advertisement in which none of the type used exceeds twelve point (12 pt.) in size.