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FTC Approves Final Consent Orders in Two Deceptive Ad Cases

June 02, 2015

WASHINGTON — Following a public comment period, the Federal Trade Commission has approved final consent orders involving two auto dealers that deceptively advertised the sale, financing and leasing of their vehicles.

Under the settlement orders, Jim Burke Nissan of Birmingham, Ala., and Ross Nissan of El Monte, Calif., are prohibited from misrepresenting in any advertisement the cost to purchase or lease a vehicle, or any other material fact about the price, sale, financing, or leasing of a vehicle. The consent orders also address the alleged Truth in Lending Act and Consumer Leasing Act violations by requiring the dealerships to clearly and conspicuously disclose terms required by these credit and lease laws.

The Jim Burke order also prohibits the auto dealer from representing that a discount, rebate, bonus, incentive or price is available unless it is available to all consumers or the qualification terms are clearly and conspicuously disclosed.

These cases were part of the FTC’s nationwide and cross-border auto sweep Operation Ruse Control, which was announced in March 2015. The commission announced a final consent with National Payment Network, Inc., a company involved in the sweep that deceptively advertised its add-on biweekly auto payment plan, earlier this month.

The commission votes approving the final orders were 5-0.

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