| (a) An advertisement that promotes a consumer lease
and contains the amount of any payment or that contains either a statement
of any capitalized cost reduction or other payment or a statement
that no payment is required at consummation or prior to consummation
or delivery, if delivery occurs after consummation, must clearly and
conspicuously include the following:
(1) that the transaction advertised is a vehicle lease;
(2) the total amount due at consummation or prior to
consummation or delivery, if delivery occurs after consummation;
(3) the number, amount, and due date or period of scheduled
payments under the vehicle lease;
(4) a statement of whether a security deposit is required;
and
(5) a statement that an extra charge may be imposed
at the end of the vehicle lease term where the lessee's liability,
if any, is based on the difference between the residual value of the
leased property and its realized value at the end of the vehicle lease
term.
(b) Except for a periodic payment, a reference to a
charge described in subsection (a)(2) of this section cannot be more
prominently advertised than the disclosure of the total amount due
at vehicle lease signing or delivery.
(c) Except for disclosures of limitations on rate information,
if a percentage rate is advertised, that rate shall not be more prominently
advertised than any other disclosure or deal term.
(d) If a vehicle lessor provides a percentage rate
in an advertisement, a notice stating "this percentage may not measure
the overall cost of financing this lease" shall accompany the rate
disclosure. The vehicle lessor shall not use the terms "annual percentage
rate," "annual lease rate," or any equivalent terms in any advertisement
containing a percentage rate.
(e) A multi-page advertisement that provides a table
or schedule of the required disclosures is considered a single advertisement,
provided that for vehicle lease terms appearing without all of the
required disclosures, the advertisement refers to the page or pages
on which the table or schedule appears.
(f) A merchandise tag stating any item listed in subsection
(a) of this section must comply with subsection (a) of this section
by referring to a sign or to a display prominently posted in the vehicle
lessor's place of business. The sign or display must contain a table
or schedule of the required disclosures under subsection.
(g) An advertisement made through television or radio
stating any item listed in subsection (a) of this section, must include
the following statements:
(1) that the transaction advertised is a vehicle lease;
(2) the total amount due at consummation or due prior
to consummation or delivery, if delivery occurs after consummation;
and
(3) the number, amount, and due date or period of scheduled
payments under the vehicle lease.
(h) In addition to the requirements of subsection (g)
of this section, an advertisement made through television or radio
stating any item listed in subsection (a) of this section, must:
(1) provide a toll-free telephone number along with
a statement that the telephone number may be used by consumers to
obtain the information in subsection (a) of this section; or
(2) direct the consumer to a written advertisement
in a publication of general circulation in the community served by
the media station, including the name and the date of the publication,
with a statement that the required disclosures in subsection (a) of
this section are included in the advertisement.
(i) The toll-free telephone number required by subsection
(h)(1) of this section shall be available for at least 10 days, beginning
on the date of the broadcast. Upon request, the vehicle lessor shall
provide the information in subsection (a) of this section orally or
in writing.
(j) The written advertisement required by subsection
(h)(2) of this section shall be published beginning at least three
days before the broadcast and ending at least 10 days after the broadcast.
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| Source Note: The provisions of this §215.264 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 13, 2017, 42 TexReg 571; amended to be effective June 1, 2024, 49 TexReg 2704 |
