N.J. Admin. Code § 13:45A-26A.6

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:45A-26A.6 - Advertisements: mandatory disclosure in advertisements for lease of a new or used motor vehicle

(a) In any advertisement offering a new or used motor vehicle for lease, at an advertised price, the following information shall be included:

1. That the transaction advertised is a lease;

2. The amount of any payment required at the inception of the lease or that no payment is required if that is the case;

3. The number, amounts, due dates or periods of scheduled payments and the total of such payments under the lease;

4. A toll-free number that may be used by consumers to obtain the information required under (f) below; and

5. The business name and, if an individual dealer, the address of the advertiser.

(b) In all written advertisements the information required in (a) above shall be prominently displayed in at least 10 point type and shall be easy to find, read and understand.

(c) If the advertiser elects to use a full disclosure format in a written advertisement, then the information in (f) below shall be prominently displayed in at least 10 point type and must be easy to find, read and understand.

(d) An advertisement which is not in writing shall clearly and audibly state the information in (a) above at a decibel level equal to the highest decibel level used in the advertisement and at a speed equal to or slower than any other statement contained in the advertisement. In a television broadcast, the information shall be prominently and conspicuously displayed for at least five continuous seconds for each model advertised.

(e) The toll free number required pursuant to (a)4 above shall be operational not later than the date on which the advertisement is broadcast or published. The advertiser shall:

1. Maintain the toll free number for 48 hours after the last day of the advertisement;

2. Ensure that the toll free number is operational from 9:00 A.M. to 9:00 P.M. Monday through Saturday;

3. Provide the information required under (f) below in a clear and audible manner, to any person who calls the toll free number; and

4. If requested, provide the information required under (f) below in written form to be mailed, postage paid, to the consumer's address.

(f) Information provided through the use of a toll free telephone number shall include:

1. The advertiser's business name and address;

2. Identification of the transaction as a lease;

3. Whether or not the advertised price refers solely to a business lease;

4. Whether it is an open-end or closed-end lease;

5. The number, amounts, due dates or periods of scheduled payments and the total of such payments under the lease;

6. All other itemized payments such as security deposits or capitalized cost reduction required at the initiation of the lease;

7. The cost of the lease which shall include the sum of (f)5 and 6 above;

8. The manufacturer's suggested retail price as it appears on the Monroney label; when given in writing to the consumer, clearly denominated by using the abbreviation "MSRP";

9. A statement that "price(s) include(s) all costs to be paid by the consumer, except for licensing, registration and taxes." When given in writing to the consumer, it must be set forth in at least 10 point type;

10. Whether the lessee has the option to purchase the advertised motor vehicle and at what price and time; the method of determining the price may be substituted for disclosure of the price;

11. The amount (including termination charge, if any) or method of determining any liability imposed upon the lessee at the end of the term and a statement that the lessee shall be liable for the difference, if any, between the estimated value of the leased motor vehicle and its realized value at the end of the lease term, if the lessee has such liability;

12. A statement of the items included as standard equipment on the advertised motor vehicle;

13. Whether the transmission is automatic or standard; whether the brakes and steering mechanism are power or manual and whether the vehicle has air conditioning, unless such items are included under *(f)12* above. This provision shall not apply to motorcycles;

14. The year, make, model and number of engine cylinders of the advertised vehicle;

15. The last eight digits of the vehicle identification number or "VIN." This provision shall not apply to motorcycles;

16. If the advertised vehicle is a used vehicle, the actual odometer reading at the date of placing the advertisement for publication; and the nature of prior use, unless previously and exclusively owned or leased by individuals for their personal use, when such use is known or should have been known by the advertiser; and

17. If the advertised vehicle is a "demonstration vehicle" or "demo," identification of the vehicle as a "demonstration vehicle" or "demo;" and the actual odometer reading at the date of placing the advertisement for publication.

(g) It shall be an unlawful practice to fail to include the information required by this section.

N.J. Admin. Code § 13:45A-26A.6

Recodified from 13:45A-2.6 by R.1995 d.618, effective 12/4/1995.
See: 27 New Jersey Register 3566(a), 27 New Jersey Register 4899(b).
Amended by R.1996 d.185, effective 4/1/1996.
See: 27 New Jersey Register 2537(a), 28 New Jersey Register 1861(a).
Rewrote the section.