§475.560. Shopped Price

 

It is an unfair or deceptive act to advertise any sale or lease price modified by phrases such as "based on shopped price", "based on a recent survey of prices", or similar terms, unless:

 

a)         the model of vehicle selected is a model sold and available at most dealer stores of the same line make in the shopped area in which the advertisement appears;

 

b)         the survey conducted is independent, and the survey agency used to conduct the survey was not related to or affiliated with any manufacturer or dealer carrying that vehicle in inventory;

 

c)         the survey takes place immediately prior to the first advertisement being placed;

 

d)         at least one half of the dealers of the applicable line make in the shopped area were surveyed;

 

e)         the survey result has not been used over an extended period if costs or other factors change such that the average survey price has become significantly less than the prevailing price in the shopped area, and in no event shall be used for a period exceeding 90 days;

 

f)         if the product is pictured in the survey ad, the picture is of the exact type and model surveyed; also the picture includes only features included in the survey price;

 

g)         the dates of the survey period and the numbers of dealers shopped are disclosed in the ad, with a statement that individual dealer prices may be higher or lower; and

 

h)         all dealerships shopped for the survey are located within the shopped area.

 

(Source:  Added at 27 Ill. Reg. 7960, effective April 16, 2003)