“Bait and switch,” misleading or inaccurate advertising by dealer or rebuilder prohibited; regulations.
1. No vehicle dealer or rebuilder may employ “bait and switch” advertising or otherwise intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, leased, manufactured, handled or furnished to the public.
2. The Director shall adopt such regulations as may be necessary for making the administration of this section effective.
3. As used in this section, “bait and switch” advertising consists of an offer to sell goods or services which the seller in truth may not intend or desire to sell, accompanied by one or more of the following practices:
(a) Refusal to show the goods advertised.
(b) Disparagement in any material respect of the advertised goods or services or the terms of sale.
(c) Requiring other sales or other undisclosed conditions to be met before selling the advertised goods or services.
(d) Refusal to take orders for the goods or services advertised for delivery within a reasonable time.
(e) Showing or demonstrating defective goods which are unusable or impractical for the purposes set forth in the advertisement.
(f) Accepting a deposit for the goods or services and subsequently switching the purchase order to higher priced goods or services.
Last modified: February 25, 2006