New Motor Vehicle Dealer Price Advertising Guidance
DEALER ADVERTISING RULES COMPLIANCE INFORMATION
Welcome to the Dealer Advertising Rules Training and Information page. This part of our website hosts information and resources designed to help dealers maintain compliance with Oklahoma New Motor Vehicle Commission advertsing rules. The page will be updated periodically to provide insight and focus on advertising rules and enhance the ONMVC's efforts to effectively regulate new motor vehicle dealer advertising, as directed by Oklahoma New Motor Vehicle Franchise Laws - O.S. 47 § 561 et. seq.
DEALER ONLINE PRICE ADVERTISING
In order to provide guidance for new motor vehicle dealer online price advertising, the dealer website vehicle listing example below is offered as a visual representation of how rules-compliant vehicle price information, discounts, rebates, and incentives should be displayed on dealer websites. The example addresses the display of elements such as:
- MSRP.
- Dealer discounts.
- Dealer installed accessories & equi[ment and addendums.
- Manufacturer rebates & incentives available to all consumers.
- Dealer fees.
- Selling price available to all consumers (The Most Conspicuous Selling Price).
- Conditional offers consumers may qualify for that must not be included in the most conspicuous selling price.
- The transfer of the selling price all buyers qualify for to 3rd party listing websites such as Autotrader, CarGurus, etc.
The Commission's goal is to regulate dealer advertsing in a way that provides consumers with accurate and transparent pricing and ensures a fair market environment among new motor vehicle dealers for the marketing and sales of new motor vehicles.
Dealer Website Price Listing Example
NOTES ON THE DEALER PRICE LISTING EXAMPLE AND CORRESPONDING RULE REFERENCES
• The manufacturer's suggested retail price must match the MSRP displayed on the vehicle's monroney label. MSRP is an exact price and may not be inflated arbitrarily, or otherwise misrepresented. Rule 465:15-3-6
• Dealer installed accessories & equipement including, but not limited to items such as spray-on bedliners, nitrogen in tires or interior /exterior protection products must be included in the online vehicle listing price. These hard-add accessories must also be listed on an addendum label which is attached to the vehicle near the Monroney label. The hard add accessories may be itemized individually or may be listed as a "package" of accessories. Rule 465: 15-3-7 and ONMVC statutes: O.S. 47 Section 565 A (5) (a)
• Dealer discounts must be available to all customers and cannot contain hidden, selective or conditional rebates. Rule 465: 15-3-7
• Rebates or incentives included in the most conspicuous selling price must be available to all consumers. Rule 465: 15-3-7
• The most conspicuous price is to be presented in a way that clearly identifies it as the price for which any consumer may purchase the vehicle. The most conspicuous price is the price that must be distributed to 3rd party websites, and cannot contain conditional or selective rebates or incentives, whether provided by the manufacturer or the dealer. Rule 465: 15-3-7
• Savings or total savings claims must be mathematically consistent with price reduction from MSRP and may only include legitimate discounts, rebates or incentives available to all customers. No conditional offers may be included. Rule 465: 15-3-7
• Dealer-sponsored trade assistance and/or finance assistance must be placed below the most conspicuous price with “Other offers you may qualify for” and must not carry over to 3rd party websites. Rule 465: 15-3-7 (d)
• Selective and/or conditional manufacturer rebates & incentives must be placed below the most conspicuous price with "Other offers you may qualify for” and must not carry over to 3rd party websites. Rule 465: 15-3-7 (d)
This section will be updated periodically and expanded to include guidance for other advertising rules as needed.
Social Media Compliance Tools
The Advertising Rules Enforcement Process
When advertising rules violations are identified, the ONMVC will send dealers an Enforcement Packet consisiting of a Complaint and Notice of Hearing and an associated Consent Order. The packet will be sent by certified mail and by email to the dealer and/or other appropriate recipients. A copy will also be sent the the dealer's registered agent on file with the Oklahoma Secretary of State. Consent Orders apply only to dealers' first and second enforcement actions for any rule violation. A third violation of ONMVC advertising rules will result in an automatic hearing before the Board of Commissioners without a Consent Order.
THE COMPLAINT AND NOTICE OF HEARING
The Notice of Complant and Hearing will include factual allegations, alleged conclusions of law, and provide a scheduled hearing date. Dealerships, as businesses, must be represented by an attorney at an ONMVC Administrative Hearing. * Massongill v. McDevitt, 1989 OK CIV APP 82.
THE ASSOCIATED CONSENT ORDER
The Notice of Complaint and Hearing (for first and second level violations) will be accompanied by a Consent Order. The Consent Order is an attempt to resolve the matter without the necessity of a Hearing. The Consent Order will include Agreed Findings of Fact, Agreed Conclusions of Law, and an Agreed Final Order which will include a penalty amount. If accepted by the dealer, the Consent Order will be subject to final approval and acceptance by the Commission at the next regualrly scheduled Commission meeting. A dealer may choose to reject a Consent Order. If a Consent Order is rejected by a dealer, the Commission will schedule a Hearing on the matter and proper notice of the Hearing will be provided to the dealer. If a Consent Order is accepted by a dealer, the signed Consent Order is to be mailed or delivered to the Oklahoma New Motor Vehicle Commission 4334 NW Expressway, Suite 183 Oklahoma City, OK 73116.
Questions about the enforcement packet can be directed to the Executive Director or ONMVC's Prosecutor, The Prosecutor's contact information will be included in the packet.
ACCEPTANCE OR REJECTION BY THE COMMISSION
ONMVC staff make every effort to produce Consent Orders acceptavble to the Commission, but there may be occasions when the Commission chooses to reject a Consent Order, even if it has been accepted by the dealer. The Commisson may decide request additional information or increase / decrease the amount of a penalty. Or the Commission may decide reject a Consent Order and proceed directly to a Hearing on the matter. These decisions are within the authority of the Commission as provided by O.S. 47 § 563 (F).
If a Hearing is scheduled, either by rejection of a Consent Order by the dealer or by action of the Commission, the dealer will be provided the opportunity to be heard and will be provided all rights afforded by the Oklahoma Adminsistrative Procedures Act. Dealers must be represented by an attorney in Hearings at thier own expense. *Massongill v. McDevvitt, 1989 OK CIV APP 82.
ENFORCEMENT ACCORDING TO THE EXISITING PENALTY SCALE
Enforcement of advertising rules will be administered according to the advertising violation penalty scale, shown below, authorized by the Commmission and implemented on November 1, 2024.
ONMVC Advertising Rule Violation Penalty Scale
Individual dealership penalty history will be reset upon completion of a three year period with no further violations.
| PENALTY LEVEL | COMMISSION ACTION | APPLICATION TO ANY ONMVC ADVERTISING RULE VIOLATION OR COMBINATION OF VIOLATIONS |
|---|---|---|
| First Level Penalty | $1000 - $5000 Consent Order | Penalty may be applied on a per event or per occurrence basis depending on the evidence |
| Second Level Penalty | $5000 - $10000 Consent Order | Penalty may be applied on a per event or per occurrence basis depending on the evidence |
| Third Level Penalty | Automatic Hearing | Penalty to be determined by Commission Hearing |
