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MAP OEM rules, FTC CARS rules, and just wanting to be a car dealer

Alex Snyder

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I haven't had to think about MAP rules in years. I mean, who would ever price a car below MSRP after COVID :eyepoke::rofl:

Something came up today that reminded me those MAP rules still exist as dealers are looking to get aggressive on pricing again. So, if the FTC rules force dealers to show all the pricing to everybody, what new calls to action are we going to use to get 1:1 conversations going that allow MAPP branded-dealerships to disclose lower-than-MSRP pricing?

"Make us drop our pants"
"We whore it out when you give us your name and digits"

Or...

"Get ePrice" again.
 
I haven't had to think about MAPP rules in years. I mean, who would ever price a car below MSRP :eyepoke::rofl:

Something came up today that reminded me those MAPP rules still exist as dealers are looking to get aggressive on pricing again. So, if the FTC rules force dealers to show all the pricing to everybody, what new calls to action are we going to use to get 1:1 conversations going that allow MAPP branded-dealerships to disclose lower-than-MSRP pricing?

"Make us drop our pants"
"We whore it out when you give us your name and digits"

Or...

"Get ePrice" again.
Some relevant FTC CARS FAQ:

Is it compliant with the new regulations to advertise a vehicle only at its MSRP without including the actual “offering price”?
No. Listing only the MSRP, without separately listing the specific “offering price” of the vehicle, would violate the Rule. For example, dealers who have been advertising new vehicles by only stating the MSRP, along with a disclaimer that this is not the dealer's asking or advertised price, will need to revise their advertising methods after the effective date. The specific "offering price," which is a distinct figure from the MSRP, must be clearly stated in the vehicle advertisement. Please refer to the questions and answers below for additional clarification.

Can dealers still list the MSRP on a specific vehicle advertisement?
Yes, dealers can list the MSRP, but they must also include the "offering price". The Rule does not prohibit showing the MSRP, but it cannot be used in lieu of the offering price. The offering price is a distinct figure that must encompass all mandatory add-ons and non-governmental fees, like dealer documentation and destination fees. We are aware that many manufacturers require that dealers list the MSRP, and this practice can continue. However, dealers will now be required to show a separate offering price. This price is the total cash amount the dealer is asking for the vehicle, inclusive of all mandatory add-ons and any other dealer fees, such as pre-installed accessories and document fees. Going forward, dealers might choose to calculate the offering price by adding mandatory add-ons and dealer fees to the MSRP and disclosing that the price was calculated as such.

Is it permissible for a dealership to advertise a vehicle with a "call for price", “get your e-price”, or similar statement on a button or click-through, instead of specifying an actual price?
No. Such practices are not permissible in lieu of providing a clear and conspicuous “offering price”. Statements like “call for price” or “request price” that prompt the customer to fill out a contact form rather than providing the actual offering price are prohibited. Advertisements for specific vehicles are now required to clearly display the vehicle's “offering price.” This offering price must be a specific figure that includes all mandatory non-governmental fees and add-ons, such as dealer documentation and destination fees.Further, the “offering price” in any vehicle advertisement must be displayed “Clearly and Conspicuously.” The FTC defines the “Clearly and Conspicuously” standard as making the disclosure “unavoidable” to the consumer. The FTC has clarified in other cases and settlements that requiring the customer to access certain information by clicking a button or link is not “unavoidable” because the information can be “avoided” by not clicking the button or link. Therefore, placing the offering price behind a “call for price” button or similar method would violate the Rule.



If/when it goes into effect, dealers will have to make some changes, and so will OEM's.
 
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Is it permissible for a dealership to advertise a vehicle with a "call for price", “get your e-price”, or similar statement on a button or click-through, instead of specifying an actual price?
No. Such practices are not permissible in lieu of providing a clear and conspicuous “offering price”. Statements like “call for price” or “request price” that prompt the customer to fill out a contact form rather than providing the actual offering price are prohibited. Advertisements for specific vehicles are now required to clearly display the vehicle's “offering price.” This offering price must be a specific figure that includes all mandatory non-governmental fees and add-ons, such as dealer documentation and destination fees.Further, the “offering price” in any vehicle advertisement must be displayed “Clearly and Conspicuously.” The FTC defines the “Clearly and Conspicuously” standard as making the disclosure “unavoidable” to the consumer. The FTC has clarified in other cases and settlements that requiring the customer to access certain information by clicking a button or link is not “unavoidable” because the information can be “avoided” by not clicking the button or link. Therefore, placing the offering price behind a “call for price” button or similar method would violate the Rule.
Will this work?

20240605_104039.png
 
Add a winky face and I think you'll be good!

But the FTC isn't requiring dealers to be one-price, they are just requiring the offering price (price + all fees + add-ons - ttl - registration) to be advertised and disclosed again during the first communication with a customer in person, on the phone, in email, etc.

You can always come down from there, just can't go up in price. Your presence is your leverage ;)
 
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But the FTC isn't requiring dealers to be one-price, they are just requiring the offering price (price + all fees + add-ons - ttl - registration) to be advertised and disclosed again during the first communication with a customer in person, on the phone, in email, etc.
Still, not being able to at least put a banner on it that says "Call For Best Price" then MAP pricing is still a problem for us. It is ironic that a rule that is supposed to help customers continues to have issues that actually could make it worse for them. MAP pricing is good for customers. It prevents dealers from being able to advertise deceptive pricing. The OEM requiring it and enforcing it will be more successful than watching the FTC try to enforce this mess. I don't think it would be good for customers for the OEMs to go away from it.
 
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