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
THE NOTIFICATION OF ADVERTISING COMPLAINT
When advertising rules violations are identified, the dealer will be provided with a Notification of Advertising Complaint both by email and by certified mail. The notification will provide information about the alleged violation, including the advertising rule or rules that the Commission alleges have been violated, information about the time, date, place and media used to violate the rule or rules and a request to immediately remove the advertising or change it to bring it into complaince with the rules.
THE ASSOCIATED CONSENT ORDER
A Notification of Advertising Complaint 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 a Finding of Fact about the alleged violation(s), details about the investigation that preceded the issuance of the Notice of Violation and the advertising rule or rules that the Commission alleges have been violated, Conclusions of Law and Agreed Order and instructions for submission of the dealer's response. The dealer may choose to voluntarily waive the right to contest the pending chargers, accept the Consent Order and pay a fine. If the dealer chooses to accept the Consent Order and pay the fine, the Order will be subject to final approval and acceptance by the Commission at the next regualrly scheduled Commission meeting. A dealer may also choose to reject the Consent Order. If the Consent Order is rejected by the dealer, the Commission will schedule a Hearing on the matter and proper notice of the Hearing will be provided to the dealer,
ACCEPTANCE OR REJECTION BY THE COMMISSION
Commision staff make every effort to produce consent orders that are accepted by 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 to require additional information, to raise or lower the amount of a fine and direct that it be sent back to the dealer, or the Commission may decide to 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 contest the pending charges in a public Hearing and will be provided all rights afforded by the Oklahoma Adminsistrative Procedures Act including representation by an attorney at the dealer's expense.
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 and will be applied consistently.