New Motor Vehicle Dealer Price Advertising Guidance
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 improved guidance for new motor vehicle dealer online price advertising, the dealer website vehicle listing example below is offered to provide a visual representation of how rules-compliant vehicle price listings should be displayed on dealer websites. The example addresses the display of elements such as:
- MSRP
- Pre-installed hard-add accessories (accessory packages),
- Dealer discounts
- Manufacturer rebates & incentives available to all consumers,
- Sale prices available to all consumers (Most Conspicuous Price)
- Conditional offers consumers may qualify for and that must be listed below the most conspicuous price.
The Commission's goal is to regulate in a way that provides consumers with accurate and transparent pricing and establishes a fair market environment for the marketing and sales of new motor vehicles. Please refer to the notes below the illustration for additional information on each element in the listing and the corresponding advertising rule.
A 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
• Hard add accessories 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
• Listed rebates or incentives included in the most conspicuous 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, with no conditional offers 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”. 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”. Rule 465: 15-3-7 (d)
This section will be updated periodically and expanded to include guidance for other advertising rules as needed.
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.
THE COMPLAINT AND NOTICE OF HEARING
The Notice of Complant and Hearing will include factual allegations, alleged conclusions of law, and information providing the scheduled date of the Commssion meeting where a Hearing will take place and the matter will be considered by the Commission. Dealerships are businesses and not individual persons, therefore, they 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 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 to be paid to the Commission. If accepted by the dealer, the Order will still 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. Consent Orders only apply to first and second enforcement actions.
Questions about the enforcement packet can be directed to the ONMVC's Prosecutor, The Prosecutor's contact information will be contained within 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 in a public Hearing 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 authorized by the Commmission and implemented on November 1, 2024.
