Home Table of Contents

§ 15-313. False, deceptive, or misleading advertising practices prohibited

West's Annotated Code of MarylandTransportationEffective: October 1, 2017

West's Annotated Code of Maryland
Transportation
Title 15. Vehicle Laws--Licensing of Businesses and Occupations (Refs & Annos)
Subtitle 3. Dealers (Refs & Annos)
Effective: October 1, 2017
MD Code, Transportation, § 15-313
§ 15-313. False, deceptive, or misleading advertising practices prohibited
False, deceptive, or misleading advertisements
(a) A dealer or an agent or employee of a dealer may not use any advertisement that is in any way false, deceptive, or misleading.
Advertisement or offer to public of vehicle without intent to sell as advertised or offered
(b) A dealer or an agent or employee of a dealer may not by any means advertise or offer to the public any vehicle without intent to sell it as advertised or offered.
Statement of vehicle purchase price
(c)(1) A dealer or an agent or employee of a dealer:
(i) May not state the purchase price of a vehicle in an advertisement unless the price is the full delivered purchase price of the vehicle, excluding only taxes, title fees, and any freight or dealer processing charge disclosed in accordance with § 15-311.1 of this subtitle; and
(ii) Shall print the full delivered purchase price in a vehicle advertisement in the largest font used in the advertisement to provide any information related to the price of the vehicle.
(2) The advertisement of a leased vehicle by a dealer is governed under Title 14, Subtitle 20 of the Commercial Law Article.
Placement on vehicle of insignia, logo, or other plate advertising name of dealer
(d)(1) A dealer or an agent or employee of a dealer may not place on a vehicle an insignia, logo, or other plate that advertises the name of the dealer, unless:
(i) The contract of sale for the vehicle contains a notice of the rights of the buyer described in this subsection; and
(ii) The buyer of the vehicle consents to the placement of the insignia, logo, or other plate on the vehicle.
(2) A dealer or an agent or employee of a dealer may enter into an agreement with a buyer of a vehicle to compensate the buyer in exchange for the buyer's consent to the placement on the vehicle of an insignia, logo, or other plate that advertises the name of the dealer.
(3) If a dealer or an agent or employee of a dealer places an insignia, logo, or other plate that advertises the name of the dealer without obtaining a buyer's consent, the dealer shall, at the request of the buyer, remove the advertising and make all repairs necessary to restore the vehicle to its original appearance at no charge to the buyer.
Sale of vehicles with speeds between 25 and 55 miles per hour
(e) A dealer or an agent or employee of a dealer may not sell a Class A (passenger) or Class M (multipurpose) vehicle that has a maximum speed capability of more than 25 miles per hour but less than 55 miles per hour unless the dealer:
(1) Permanently affixes an emblem to the vehicle in accordance with § 21-805.1 of this article; and
(2) Informs the buyer in writing that the vehicle may be driven lawfully only on highways on which the speed capability of the vehicle exceeds the posted maximum speed limit for the highway by at least 5 miles per hour.
Fines and penalties
(f) A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

Credits

Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1980, c. 179; Acts 1986, c. 398; Acts 1986, c. 472, § 1; Acts 2009, c. 322, § 1, eff. Oct. 1, 2009; Acts 2009, c. 323, § 1, eff. Oct. 1, 2009; Acts 2010, c. 546, § 1, eff. Oct. 1, 2010; Acts 2011, c. 367, § 1, eff. Oct. 1, 2011; Acts 2017, c. 55, § 1, eff. Oct. 1, 2017.
Formerly Art. 66 ½, § 5-401.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2017 c. 55):
Subsection (f) of this section is new language derived without substantive change from former § 27-101(c)(7) of this article.
HISTORICAL AND STATUTORY NOTES
2009 Legislation
Acts 2009, c. 322, § 1, and Acts 2009, c. 323, § 1, rewrote subsec. (c), substantially using text from subsec. (d); and redesignated subsec. (e) as subsec. (d). Subsec. (c) had previously read:
“(c) Any advertisement that is subject to and complies with the rules and regulations of and statutes administered by the Federal Trade Commission is not false, deceptive, or misleading under this section.”
2010 Legislation
Acts 2010, c. 546, § 1, added subsec. (e).
2011 Legislation
Acts 2011, c. 367, § 1, rewrote subsec. (c), which previously had read:
“(c) A dealer or an agent or employee of a dealer:
“(1) May not state the purchase price of a vehicle in an advertisement unless the price is the full delivered purchase price of the vehicle, excluding only taxes, title fees, and any freight or dealer processing charge disclosed in accordance with § 15-311.1 of this subtitle; and
“(2) Shall print the full delivered purchase price in a vehicle advertisement in the largest font used in the advertisement to provide any information related to the price of the vehicle.”
2017 Legislation
Acts 2017, c. 55, § 1, added (f).
MD Code, Transportation, § 15-313, MD TRANS § 15-313
Current through legislation effective July 1, 2019, from the 2019 Regular Session of the General Assembly.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.