23 CAR § 410-302. Definitions

As used in this subpart: (1) “Advertisement” or “advertising” means any oral, written, telecommunicated, graphic, pictorial, or other statement made in the course of soliciting business, including without limitation a statement or representation: (A) Made in a newspaper, magazine, internet, or other publication; or (B) Contained or appearing in or on: (i) A notice; (ii) A sign; (iii) A poster; (iv) A display; (v) A circular; (vi) A pamphlet; (vii) A letter; (viii) A flyer; (ix) A price tag; (x) A window sticker; (xi) A banner; (xii) A billboard; (xiii) A handbill; (xiv) A radio; (xv) A television; (xvi) A web page; or (xvii) Any other medium; (2) “Bait and switch” means an alluring but insincere offer to switch consumers from buying the advertised motor vehicle, in order to sell or lease a different motor vehicle on terms more advantageous to the advertiser; (3)(A) “Clear and conspicuous” means that the statement, representation, or term being used is of such size, color, contrast, audibility, and is presented so as to be: (i) Readily noticed; (ii) Understood; and (iii) Nondeceptive. (B) All language and terms, including abbreviations, shall be used in accordance with their common or ordinary usage and meaning by the general public; (4) “Dealer discount” means an amount of reduction or contribution by the dealer to reduce the selling price of the vehicle from “MSRP”; (5) “Dealership addendum” means an equipment list displayed on a window of a motor vehicle when the dealership: (A) Installs special: (i) Features; (ii) Equipment; (iii) Parts; or (iv) Accessories; or (B) Charges for service not already compensated by the manufacturer or distributor for work required to prepare a vehicle for delivery to a buyer; (6) “Disclaimer” means those words or phrases used to provide a clear understanding of an advertised statement but not used to contradict or change the meaning of the statement; (7) “Disclosure” means required information that is clear, conspicuous, and accurate shall be in the immediate proximity of the year, make, and model offered in the advertisement or stated at a clear and concise level in broadcast mediums; (8) “Dealer service and handling fees” means a fee that a dealer may charge in connection with the sale or lease of a new or used motor vehicle for handling, processing, and storage of documents and other administrative and clerical services; (9) “Incentive” means anything of value offered as an inducement directly or indirectly towards the purchase of a vehicle, including but not limited to, discounts, savings claims, and other dealer programs, but not including factory rebates; (10) “Limited rebate” means rebates not available to all consumers and is defined as any payment of money to a consumer, or any payment to a dealer or third party on behalf of a consumer, and that is confined, or restricted, to a certain class of consumers, including, but not limited to, on the basis of the consumer’s: (A) Status; (B) Sponsorship; (C) Affiliation; or (D) Association; (11) “Line make” means a group or series of motor vehicles that have the same brand identification or brand name, based upon the manufacturer’s: (A) Trademark; (B) Trade name; or (C) Logo; (12) “List” or “sticker” price when used in a new motor vehicle advertisement refers only to the manufacturer’s suggested retail price (Monroney sticker or “MSRP”); (13) “Manufacturer label” means the label required by the federal Automobile Information Disclosure Act, 15 U.S.C. §§ 1231 – 1233 (normally referred to as the Monroney label), to be affixed by the manufacturer to the windshield or side window of each new automobile delivered to a dealer; (14)(A) “MSRP” or “manufacturer suggested retail price” means the “list price” shown on the window sticker or “Monroney label” and is the manufacturer’s baseline price for that vehicle. (B) “Dealership addendums” or “temporary factory value packages” are not a part of “MSRP”; and (15) “Rebate” means the payment of money from the manufacturer to a consumer or payment to a dealer or third party on behalf of a consumer on the condition that the consumer purchases or leases a new motor vehicle.