Section 475.510 Demonstrator, Executive, Official, or Promotional Vehicles
- It is an unfair or deceptive act to advertise any "demonstrator" vehicle without clearly and conspicuously disclosing:
- the year, make, and model; and
- that the vehicle is a "demonstrator" or has been previously driven.
- It is an unfair or deceptive act to advertise any "executive" or "official" vehicle unless that vehicle when so advertised has been used exclusively by executives of the parent motor car manufacturer's personnel or by an executive of an authorized dealer in the same make of car, or has been designated by the manufacturer as a promotional vehicle. The vehicle so advertised shall not have been previously titled or sold to a member of the public prior to the appearance of the advertisement. Such executive vehicles shall be described as "executive driven" and such promotional vehicles shall be described as "official driven".
- Any reference to the term "new" in connection with a "demonstrator" cannot be more prominent than and must appear in close proximity to the term "demonstrator" or previously driven.
- Any reference to the term "new" in connection with an "executive" or "official" vehicle cannot be more prominent than and must appear in close proximity to the term "pre-driven" or "previously driven."
(Source: Amended at 25 Ill. Reg. 4819, effective March 20, 2001)
Section 475.520 Rental Vehicles
It is an unfair or deceptive act to advertise any vehicle which has been leased or rented on an individual or fleet basis without clearly and conspicuously disclosing:
- the year, make and model; and
- the fact that such vehicle has been previously titled, using the word "used".
(Source: Amended at 25 Ill. Reg. 4819, effective March 20, 2001)
Section 475.530 Rebates
- It is an unfair or deceptive act to advertise any cash rebates, including, without limitation, a payment or an offset to a consumer or payment to a dealer or third party on behalf of the consumer on the condition that the consumer purchase or lease a motor vehicle, unless the rebate is funded solely by a manufacturer pursuant to a manufacturer's rebate program.
- It is an unfair or deceptive act to advertise a price or amount of an installment payment, wherein rebates have been deducted, unless every consumer seeking to purchase or lease the advertised vehicle is eligible for the rebate.
- The availability of a limited rebate may be advertised if the terms of the limitation are clearly and conspicuously disclosed. It is an unfair or deceptive act to advertise a price or amount of an installment payment in which limited rebates have been deducted, or to advertise a total amount of rebate if a portion of the total consists of a limited rebate.
(Source: Amended at 27 Ill. Reg. 13992, effective August 11, 2003)
Section 475.540 Trade-Ins
It is an unfair or deceptive act to advertise or offer a specific trade-in allowance (i.e., "$2500 minimum trade-in"), or a range of amounts for trade-ins (e.g., "up to $1,000" or "as much as $1,000"), including, without limitation, that the trade-in will be valued at a specific amount or guaranteed minimum amount.
(Source: Amended at 25 Ill. Reg. 4819, effective March 20, 2001)
Section 475.550 No Money Down
It is an unfair or deceptive act to advertise using the phrase "no money down" or words of similar meaning, where a down payment is, in fact, required and the consumer is required to finance the down payment by a loan or make the down payment in cash.
Section 475.560 Shopped Price
It is an unfair or deceptive act to advertise any sale or lease price modified by phrases such as “based on shopped price”, “based on a recent survey of prices”, or similar terms, unless:
- the model of vehicle selected is a model sold and available at most dealer stores of the same line make in the shopped area in which the advertisement appears;
- the survey conducted is independent, and the survey agency used to conduct the survey was not related to or affiliated with any manufacturer or dealer carrying that vehicle in inventory;
- the survey takes place immediately prior to the first advertisement being placed;
- at least one half of the dealers of the applicable line make in the shopped area were surveyed;
- the survey result has not been used over an extended period if costs or other factors change such that the average survey price has become significantly less than the prevailing price in the shopped area, and in no event shall be used for a period exceeding 90 days;
- if the product is pictured in the survey ad, the picture is of the exact type and model surveyed; also the picture includes only features included in the survey price;
- the dates of the survey period and the numbers of dealers shopped are disclosed in the ad, with a statement that individual dealer prices may be higher or lower; and
- all dealerships shopped for the survey are located within the shopped area.
(Source: Added at 27 Ill. Reg. 7960, effective April 16, 2003)
Section 475.570 Factory Outlet
It is an unfair or deceptive act to advertise using the terms "Factory Outlet", "Authorized Distribution center", "Factory Authorized Sale", or similar special affiliation, connection or relationship with the manufacturer that is greater or more direct than that of any other dealer.
Section 475.580 Contract Add-Ons
It is an unfair or deceptive practice for a dealer to negotiate the terms of a sale and thereafter add the cost of items including, without limitation, extended warranties, credit life, dealer preparation, or undercoating, to the contract without previously disclosing same to the consumer and without the consumer's consent.
Section 475.590 Gifts and Free Offers
- It is an unfair or deceptive act to advertise or offer free prizes, gifts or other incentives in connection with the purchase or lease of a vehicle where the vehicle is sold or leased at a price arrived at through bargaining or negotiation, unless the dealer meets the requirements of subsection (b) of this Section.
- A free prize, gift or other incentive may be advertised or offered in connection with the purchase or lease of a vehicle if:
- the free prize, gift or other incentive is offered through a manufacturer's program or a manufacturer's authorized and approved dealer advertising association without any participation by the dealer, excluding dues or assessments that are required to participate in the advertising association. The program or association shall be clearly and conspicuously disclosed; and
- all material terms and conditions relating to the offer are clearly and conspicuously disclosed at the outset of the offer.
- Nothing in this Section shall prohibit a dealer from including a warranty with the purchase or lease of a vehicle. A warranty shall not be advertised as free using the word "free".
(Source: Amended at 27 Ill. Reg. 7960, effective April 16, 2003)
