La. Admin. Code tit. 46 § V-101

Current through Register Vol. 50, No. 11, November 20, 2024
Section V-101 - Definitions [Formerly Section 707]
A. Definitions

Abbreviations-using shortened terms for words or initials for groups of words. Commonly understood abbreviations, such as " 2 DR', " " AM/FM', " " APR', " " WAC'," " DEMO'," " EXEC'," " DOC FEE', " may be used. Trade industry abbreviations which are not commonly understood, such as " FTB', " " A/R', " " TOP' ," " POF' ," " DOC' ," may not be used. This rule does not contain a list of all the abbreviations one may not use.

Advertisement-an oral, written, telecommunicated, graphic, or pictorial statement made in the course of soliciting business, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, letter, flyer, price tag, window sticker, banners, billboards, handbills, or on radio, the Internet, or via on-line computer service, or on television or on-hold messaging, any medium.

Bait Advertisement-an alluring but insincere offer to sell or lease a product of which the primary purpose is to obtain leads to persons interested in buying or leasing merchandise of the type advertised and to switch consumers from buying or leasing the advertised product in order to sell some other product at a higher price or on a basis more advantageous to the advertiser.

Balloon Payment-any scheduled payment required by a consumer credit sale or consumer loan that is more than twice as large as the average of all prior scheduled payments except the down payment.

Commission-the Louisiana Motor Vehicle Commission.

Dealership Addendum-a form which is to be displayed on a window of a motor vehicle when the dealership installs special features, equipment, parts or accessories, or charges for services not already compensated by the manufacturer or distributor for work required to prepare a vehicle for delivery to a buyer.

a. The addendum is to disclose:

i. that it is supplemental;

ii. any added feature, service, equipment, part, or accessory charged and added by the dealership and the retail price therefore;

iii. any additional charge to the selling price manufacturer's suggested retail price (MSRP) such as additional dealership markup; and

iv. the total dealer retail price.

b. The dealership addendum form shall not be deceptively similar in appearance to the manufacturer's label, which is required to be affixed by every manufacturer to the windshield or side window of each new motor vehicle under the Automobile Information Disclosure Act.

Demonstrator-a new motor vehicle that is currently in the inventory of the automobile dealership and used or has been used primarily for test drives by customers and other dealership purposes and so designated by the dealership. Demonstrators may be advertised for sale as such only by an authorized dealer in the same make of motor vehicle.

Disclaimer-those words or phrases used to provide a clear understanding of any advertised statement, but not used to contradict or change the meaning of the statement.

Disclosure-a clear and conspicuous statement made in such size, color, contrast, location, duration, and audibility that it is readily noticeable, readable and understandable. The disclosure may not contradict or be inconsistent with any other information with which it is presented. If the disclosure modifies, explains, or clarifies other information with which it is presented, or states "see dealership for details," then it must be presented in proximity to the information it modifies, in a manner readily noticeable, readable, and understandable, and it must not be obscured in any manner.

a. An audio disclosure must be delivered in a volume and cadence sufficient for a consumer to hear and comprehend it.

b. A visual disclosure for television must appear on the screen for a duration sufficient for a consumer to read and comprehend it.

c. In a print or internet advertisement or promotional material, including without limitation point of sale display or brochure materials directed to consumers, a disclosure must be in a type size and location sufficiently noticeable for a consumer to read and comprehend it, in a print that contrasts with the background against which it appears.

d. For purposes of these rules, qualifying terms and phrases will be considered to be clearly, conspicuously and accurately set forth if they are:

i. in bold print and type of such size that is capable of being read without unreasonable extra effort;

ii. expressed in terms that are understandable to the buying public; and

iii. in close proximity to the qualified representation and not separated or buried by asterisk in some other part of the advertisement.

Factory Executive/Official Vehicle-a new motor vehicle that has been used exclusively by an executive or official of the dealer's franchising manufacturer, distributor or their subsidiaries.

Internet-a system that connects computers or computer network.

Licensee-any person required to obtain a license from the commission.

Manufacture's Certificate of Origin (MCO), a Manufacture's Statement of Origin (MSO) or a Certificate of Origin -a transitional ownership document issued by a manufacturer to a specific vehicle, or if a multi-stage vehicle, to a specific component of the vehicle and includes a manufacturer's statement of origin (MSO), a certificate of origin or similar term. An MCO is used to convey ownership from the manufacturer to a franchised dealer or distributor and from the franchised dealer or distributor to a purchaser.

Manufacturer's Label-the label required by the Automobile Information Disclosure Act, 15 U.S.C. 1231 - 1233, to be affixed by the manufacturer to the windshield or side window of each new automobile delivered to the dealer.

Program Vehicle-a used vehicle that is purchased at a manufacturer's closed auction or sold by or directly from the manufacturer or distributor which is current or previous year model, that has been previously tagged and/or titled, and returned to the manufacturer for disposal.

Rebate or Cash Back -a sum of money refunded to a purchaser for their benefit by the manufacturer or distributor after full payment has been rendered. The purchaser may choose to reduce the amount of the purchase price by the sum of money or the purchaser may opt for the money to be returned to himself or for his benefit subsequent to payment in full.

Vehicle-any motor vehicle or recreational product subject to regulation by the commission.

VIN - a series of Arabic numbers and Roman letters that are assigned to a vehicle for identification.

La. Admin. Code tit. 46, § V-101

Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:75 (January 2008), amended LR 36:1545 (July 2010), LR 39:3071 (November 2013).
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1253(E) and R.S. 49:953(C).