Chapter V

A. Every licensee must post his license certificate as such in a prominent place in his place of business, stated in such license certificate, and licensees having more than one place of business in Louisiana must obtain a separate license for each place of business and post in e…

A. A manufacturer, distributor, converter, factory representative, or distributor representative shall not ship or sell motor vehicles, recreational products, or specialty vehicles to a licensee until the licensee shall have been licensed by the commission. Notes La. Admin. Code …

A. Dealers may advertise only under the name that appears on their franchise agreement and dealer license issued by the Motor Vehicle Commission. Notes La. Admin. Code tit. 46 , § V-701 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:75 (January 2008). …

A. A person advertising vehicles shall not use false, deceptive, unfair, or misleading advertising. Notes La. Admin. Code tit. 46 , § V-703 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:75 (January 2008), amended LR 36:1549 (July 2010). AUTHORITY NOTE…

A. The violation of an advertising rule shall be considered by the commission as a prima facie violation of R.S. 32:1251 et seq. In addition to a violation of a specific advertising rule, any other advertising or advertising practices found by the commission to be false, deceptiv…

A. Motor vehicle dealers and recreational products dealers may advertise a specific new motor vehicle or new recreational product or line-make which they are licensed to sell if: 1. the specific vehicle or line is in their possession at the time the advertisement is placed, or th…

A. The Louisiana Motor Vehicle Sales Finance Act is administered by the Louisiana Motor Vehicle Commission. B. The office and domicile of the Louisiana Motor Vehicle Commission is 3519 Twelfth Street, Metairie, LA 70002. Notes La. Admin. Code tit. 46 , § V-7101 Promulgated by the…

Chapter - R.S. 6:969.1 , et seq. Commission -Louisiana Motor Vehicle Commission. Consumer Credit Sale -the sale of a motor vehicle on credit under which the seller acquires a purchase money security interest in the purchased vehicle, and incident to which a credit service charge …

A. All advertised statements shall be accurate, clear and conspicuous. Notes La. Admin. Code tit. 46 , § V-711 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:76 (January 2008). AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1253 .E.

A. The following statements are prohibited, list not exclusive: 1. statements such as "write your own deal," "name your own price," "name your own monthly payments," "appraise your own motor vehicle" or statements with similar meaning; 2. a. statements such as "everybody financed…

A. The layout, headlines, illustrations, or type size of a printed advertisement and the broadcast words or pictures of radio/TV advertisements shall not convey or permit an erroneous or misleading impression as to which vehicle or vehicles are offered for sale or lease at featur…

A. The suggested retail price of a new motor vehicle when advertised by a manufacturer or distributor shall include all costs and charges for the vehicle advertised, except that destination and dealer preparation charges, state and local taxes, title, and license fees may be excl…

A. The featured price of a new or used vehicle, when advertised, must be the full cash price for which the vehicle will be sold to any and all members of the buying public. The only charges that may be excluded from the advertised price are: 1. state and local taxes; 2. license; …

A. A used vehicle shall not be advertised in any manner that creates the impression that it is new. A used vehicle shall be identified as either "used" or "pre-owned." Terms such as program car, special purchase, factory repurchase, certified or other similar terms are not suffic…

A. If a demonstrator or factory executive/official vehicle is advertised, the advertisement must clearly and conspicuously identify the vehicle as a demonstrator or factory executive/official vehicle. A demonstrator or factory executive/official vehicle may be sold only by a deal…

A. The applicant shall be entitled to a hearing on the question of his qualifications for a license if the applicant requests such in writing to the commission and either of the following has occurred. 1. The applicant has received notification from the commission that his applic…

A. Annually by November 1 each licensee shall file a renewal application and pay a non-refundable renewal fee. 1. An annual renewal application received by the commission postmarked after December 1 shall be accompanied by a late filing fee, in addition to the annual renewal fee.…

A. All fees are non refundable. B. License application fee per location-$400. C. License renewal fee and late penalty per location-$400; late fee-$100. D. Change of location-no charge. Notes La. Admin. Code tit. 46 , § V-7309 Promulgated by the Office of the Governor, Motor Vehic…

A. Terms such as "auction" or "auction special" and other terms of similar import shall be used only in connection with a vehicle offered or sold at a bona fide auction. Notes La. Admin. Code tit. 46 , § V-731 Promulgated by the Office of the Governor, Motor Vehicle Commission, L…

A. No merchandise or enticement may be described as "free" if the vehicle can be purchased or leased for a lesser price without the merchandise or enticement of if the price of the vehicle has been increased to cover the cost or any part of the cost of the merchandise or enticeme…

A. Any cash offer or anything that is convertible to cash funded by the dealer shall not be used and is prohibited. Notes La. Admin. Code tit. 46 , § V-735 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:78 (January 2008). AUTHORITY NOTE: Promulgated in…

A. The term "authorized dealer" or a similar term shall not be used unless the advertising dealer holds both a franchise and a Louisiana Motor Vehicle Commission license to sell those vehicles he is holding himself out as "authorized" to sell. Notes La. Admin. Code tit. 46 , § V-…

A. It is unlawful for a manufacturer or distributor to advertise any offer of a rebate, refund, discount, or other financial inducement or incentive, which is either payable to or for the benefit of the purchaser or which reduces the amount to be paid for the vehicle, whether the…

A. It is unlawful for a dealer to advertise an offer of a manufacturer's or distributor's rebate, discount, or other financial inducement or incentive if the dealer contributes to the manufacturer's or distributor's program unless such advertising discloses that the dealer's cont…

A. New vehicles shall not be advertised for sale in any manner that creates the impression that they are being offered for sale by the manufacturer or distributor of the vehicles. Advertisements by persons shall not contain terms such as "factory sale," "fleet prices," "wholesale…

A. A savings claim or discount offer is prohibited except to advertise a new or demonstrator vehicle, and the advertisement must show the difference between the dealer's selling price and the manufacturer's, distributor's, or converter's total suggested list price or MSRP. B. The…

A. 1. An advertisement that contains any one of the following messages, statements, or terms: a. the amount of a down payment, in either a percentage or dollar amount; b. the amount of any payment, in either a percentage or dollar amount; c. the number of payments; d. the period …

A. The commission shall have the power to examine all books, records and accounts of all persons licensed under this Chapter. Notes La. Admin. Code tit. 46 , § V-7501 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 31:924 (April 2005). AUTHORITY NOTE: Prom…

A. Each person required to be licensed under this Chapter shall maintain in its offices such books, records and accounts of its lending activities as the commission may prescribe by policy as required to determine whether such licensee is complying with the provisions of this Cha…

A. It is an unfair or deceptive act to advertise the offer of a "consumer lease" if the advertisement contains any one of the following two "triggering terms": amount of any payment or a statement of any capitalized cost reduction or other payment required prior to or at consumma…

A. "Bait" advertisement, as defined in §707, shall not be used by any person. Notes La. Admin. Code tit. 46 , § V-753 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:79 (January 2008). AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1253 .E.

A. GAP coverage covers a consumers deficiency balance between the net payoff of the consumers loan retail installment sales contract at the time of a loss and the amount paid by the consumers primary insurance after a vehicle is deemed a total loss due to any direct or accidental…

A. Guaranteed Auto Protection (GAP) offered by a Property and Casualty (P&C) company licensed and regulated by the Louisiana Department of Insurance. B. Guaranteed Auto Protection (GAP) offered by a Property Residual Value Insurer (PRVI) licensed and regulated by the Louisiana De…

A. The seller shall and the extender of credit may offer a consumer the option of voluntarily purchasing GAP coverage in a transaction involving a consumer loan or consumer credit sale secured by a motor vehicle. Notes La. Admin. Code tit. 46 , § V-7705 Promulgated by the Office …

A. Debt waiver or debt forgiveness is an agreement whereby a extender of credit agrees with the consumer to waive any unpaid balance on a consumer loan or consumer credit sale due to a physical damage total loss or constructive loss or unrecovered theft to the covered collateral …

A. An extender of credit may insure its debt waiver or debt forgiveness agreement by an insurance company licensed by the Louisiana Department of Insurance. Notes La. Admin. Code tit. 46 , § V-7709 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 31:925 (Ap…

A. The retail installment sales contract must have an addendum where upon the extender of credit agrees to waive the consumers debt for the difference between the amount paid by the consumers primary insurance and the net payoff of the contract. B. There shall be a clear statemen…

A. No person shall offer for sale a debt waiver or debt forgiveness agreement in this state until its sale materials, agreements, insurance policies and any and all documents used in connection with its offer and sale of such agreements shall be filed with the commission. B. With…

A. The commission shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control, or supervision pertaining to this Chapter. …

A. The commission shall have the power to issue cease and desist orders to protect the public welfare. Notes La. Admin. Code tit. 46 , § V-7903 Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 31:926 (April 2005). AUTHORITY NOTE: Promulgated in accordance w…

A. In addition to any other authority conferred upon the commission by this Chapter the commission may impose fines and penalties against persons violating the provisions of this Chapter and the rules and regulations adopted thereunder. B. The commission may impose a fine on any …

A. The commission, its employees and attorneys may issue advisory opinions and interpretations regarding this Chapter. Advisory opinions and interpretations of the commission or its employees and attorneys shall not be considered rules requiring compliance with the rule making pr…

A. The commission may issue a declaratory order and ruling pursuant to the Administrative Procedure Act which has the same status as a commission decision or order in an adjudicated case. B. A request for a declaratory order and ruling shall be made in the form of a petition to t…

A. The commission may enter into cooperative and reciprocal agreements with the regulatory authorities of the federal government or any state for the periodic examination of persons engaged in the business regulated by this Chapter and may accept reports of examination and other …

A. Franchised new motor vehicle dealers must have an enclosed new motor vehicle display showroom of not less than 400 square feet in area, and must maintain an adequate stock of replacement parts, an adequate shop area and adequate mechanical facilities for the proper servicing o…