(a)
- (1) This subpart implements the legislative intent of the law governing advertising as stated in the Arkansas Motor Vehicle Commission Act, Arkansas Code § 23-112-101 et seq.
- (2) False and misleading advertising will be defined and prohibited in a unified effort to ensure truthful and accurate product advertising that will benefit the consumers and businesses of this state affected by legislation.
- (3) Certain key examples of prohibited advertising will be exhibited, but shall not be construed as an all-inclusive exhibit of prohibited practices.
- (4) The Arkansas Motor Vehicle Commission has been granted the authority to review all advertising pertaining to new and used motor vehicles.
- (5) The commission will review each advertisement for misleading and deceptive practices and will govern them accordingly.
(b)
- (1) This subpart establishes standards of practices which set forth certain basic principles in advertising the sale and lease of new and used motor vehicles.
- (2) These standards apply to advertisements both in the print and electronic media.
(c)
- (1) The primary responsibility for truthful and nondeceptive advertising rests with the advertising dealer.
- (2) Advertising dealers must be prepared to substantiate any or all offers made before publication or broadcast, and upon request, present such substantiation.
- (d) This subpart does not apply to any radio or television broadcasting station, or any publisher, printer, distributor or owner of any newspaper or magazine, billboard, or other advertising medium, or any owner, operator, agent or employee of any advertising agency or other business engaged in preparing or disseminating advertising for public consumption on behalf of any other person when the advertising is in good faith and he or she is without knowledge of its untrue, deceptive, or misleading character.
- (e) It shall be the dealer’s responsibility to provide a copy of this subpart to any advertising agent or agency or other business engaged in preparing or disseminating advertisements for the dealer, including outside web page designers or web page design firms and each employee assigned to preparing or disseminating advertisements for the dealer.
- (f) Violation of any advertising rule or rules by any licensee shall be considered a prima facie violation of Arkansas Code § 23-112-402(3) or § 23-112-403(a)(2)(D).
(g)
- (1) The commission will monitor and evaluate each dealer’s advertisement regarding its compliance with laws and rules.
(2) The advertising section’s activities include, but are not limited to:
- (A) Review of advertisements in any medium;
- (B) Review all complaints as received;
- (C) Answer advertisement inquiries; and
- (D) Address advertising violations.