S.D. Admin. R. 61:24:07:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 61:24:07:01 - Definitions

Terms used in this chapter mean:

(1)"Clear and conspicuous," presentation of a statement, representation, or term in a manner that is readily apparent and understood by the person to whom it is being addressed, considering such factors as size, color, contrast, length, and time needed to read the advertisement;

(2)"Rebate," the payment of money by the manufacturer or dealer to a consumer or to a third party on behalf of a consumer on the condition that the consumer purchase or lease a motor vehicle;

(3)"Warranty advertisement," any advertisement in which a warranty or guaranty of a motor vehicle or any of its parts is offered in connection with the sale of the motor vehicle;

(4)"Supplemental sticker," a label other than the Monroney sticker affixed to a new motor vehicle displaying the offering price of the motor vehicle;

(5)"Monroney sticker," the label required by § 3 of the Automobile Information Disclosure Act, 15 U.S.C.S. § 1232(1982);

(6)"Offering price," the full price at which a dealer will sell a motor vehicle, including any rebates but not including taxes, license fees, documentary fees, and registration costs;

(7)"Taxes, license fees, and registration costs," the taxes, charges, and fees payable to or collected on behalf of governmental agencies which are necessary for the transfer of an interest in a motor vehicle or for the use of a motor vehicle;

(8)"Bait and switch," an alluring but insincere offer to sell a product, the primary purpose of which is to obtain leads to persons interested in buying the advertised product in order to sell the person some other product at a higher price or on a basis of more advantageous to the advertiser.

S.D. Admin. R. 61:24:07:01

18 SDR 203, effective 7/1/1992.

General Authority: SDCL 32-6B-63.

Law Implemented: SDCL 32-6B-63.