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TITLE 7BANKING AND SECURITIES
PART 5OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 84MOTOR VEHICLE INSTALLMENT SALES
SUBCHAPTER GEXAMINATIONS
RULE §84.702Prohibited Advertising

(a) Under Texas Finance Code, Subtitle B, Chapter 348, each licensee must comply with Texas Finance Code, §341.403. A licensee may not, in any manner, advertise or cause to be advertised a false, misleading, or deceptive statement or representation relating to a rate, term, or condition of a motor vehicle retail installment sales contract, or advertise credit terms that the licensee does not intend to offer to retail buyers who qualify for those terms.

(b) The licensee must not:

  (1) use phrases such as "lowest costs," "lowest rates," or "best rates" in an advertisement, unless the phrase used is accurate; or

  (2) make any statement or representation with reference to the ease of procuring a motor vehicle retail installment sales contract, the speed with which it may be effected, or the freedom from credit inquiries addressed to particular sources of information, unless the licensee will comply with the representation made.

(c) A retail seller is prohibited from advertising an offer of cash, rebates, or any other monetary consideration to be provided by the licensee that is not authorized under Chapter 348.

(d) Texas Finance Code, §348.009 requires licensees to comply with federal disclosure requirements. Licensees who advertise rates, terms, or conditions of a motor vehicle installment transaction must comply with the disclosure requirements of 15 U.S.C. §1662 and §1664 and Regulation Z, 12 C.F.R. §226.24 and 12 C.F.R. §1026.24.


Source Note: The provisions of this §84.702 adopted to be effective November 6, 2008, 33 TexReg 8920; amended to be effective November 8, 2012, 37 TexReg 8780

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