Legal Question in Consumer Law in Georgia
Has a car dealership broken any laws written by the federal trade commision by not posting a consumer's buying guide on the vehicle before someone purchased it?
1 Answer from Attorneys
The FTC requires that used car dealers must take the Buyers Guide and have it posted prominently and conspicuously on or in a vehicle when a car is available for sale. This means it must be in plain view and both sides must be visible. It can hang the Guide from the rear-view mirror inside the car or on a side-view mirror outside the car, or under a windsheld wiper.The Guide also can be attached to a side window. A Guide in a glove compartment, trunk or under the seat is not conspicuous because it is not in plain sight.
Dealers who violate the Used Car Rule may be subject to penalties of up to $16,000 per violation in FTC enforcement actions. Many states have laws or regulations that are similar to the Used Car Rule. Some states incorporate the Used Car Rule by reference in their state laws. As a result, state and local law enforcement officials may have the authority to ensure that dealers post Buyers Guides and to fine them or sue them if they do not comply.
If you find a dealer that is NOT in compliance, do not shop there. Would you shop from a criminal? Of course not. Instead,, visit ftc.gov or call 1-877-FTC-HELP (1-877-382-4357) and turn them in. And shop elsewhere.
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