In a warning that could be heeded by all dealers, the Chicago Automobile Trade Association (CATA) advises that Illinois Attorney General James Ryan has filed four suits against dealers and their ad agencies under state anti-fraud acts.
Each of the suits seeks hundreds of thousands of dollars in civil penalties. More significantly, according to CATA, the state AG's office has changed its focus to enforcement from a previous policy of accepting compliance notices for alleged violations.
"Most of the dealers facing suits had not been notified previously of any alleged violations by the attorney general," CATA said in a statement.
The association urges its more than 700 members "to redouble efforts to make sure that advertising -- on TV and radio, in the newspaper and direct mail -- complies with Illinois Administrative Rules on Motor Vehicle Advertising. Failure to do so might result in a suit without warning which seeks significant civil penalties -- $50,000 per violation," CATA warns.
Three Chicago area dealers charged with deceptive advertising are Fairfield Ford and Midlothian Dodge, both of Midlothian, Ill., and Rizza Chevrolet, Bridgeview, Ill. The fourth is Brian Bemis, a multi-brand group in Sycamore, Ill.
Fairfield Ford's advertising agency, 3M Advertising of Des Plaines, Ill., also was named in the complaint, which cites four alleged violations in newspaper ads placed over the past eight months.
The Rizza dealership settled a similar complaint for a $30,000 fine with the state last Jan. 8, but the questionable ads began reappearing as soon as Jan. 15, according to the complaint. A permanent injunction was being sought in the latest action, plus a civil penalty of $50,000. Rizza's ad agency, Zimmerman Partners of Fort Lauderdale, Fla., also is named as a codefendant.
Fairfield is charged with failure to make all required disclosures on certain credit terms; deducting limited rebates, such as "college grade" rebates, from total advertised prices; misleading consumers about approval of credit applications; and "limited time offer" promotions.
Rizza's ads are said to use type to small to be readily readable; advertise a lower price on a limited "college grad" or "Olds loyalty" rebate; advertise a minimum value guaranteed on trade-ins; fail to make required consumer lease disclosures on total money due at contract end; not clearly disclose ranges of savings on price comparison claims; and represent that Rizza has special status over other dealers.
Dealership executives declined comment on the complaints.
The CATA bulletin suggests that Chicago area ad infractions be reported to the Chicago Better Business Bureau. CATA's legal counsel, Dennis O'Keefe, is available to answer questions at (847) 482-0400. CATA, headquartered in Oakbrook Terrace, Ill., can be reached at (630) 495-CATA.