I have finally gotten all of our staff trained to bring me dealer direct mail pieces that show up in their mailbox. Some of the things they bring me are amazing.

The latest ad to hit my desk was supposedly from the Used Vehicle Recall Notification Center. The ad announced a vehicle recall event that, upon further examination, was nothing more than a sales event by a Maryland dealer.

Maybe this Maryland dealer has not heard about the Georgia dealer trying to fend off the Georgia Attorney Generals 50-million dollar lawsuit alleging the dealer sent out fake vehicle recall notices. I havent seen the mail piece used by the Georgia dealer, so I dont know how closely it resembles the one used by the Maryland dealer, but I can think of 50 million reasons not to use the word recall in a direct mail piece. The Maryland mailer made me raise my eyebrows for a couple of other reasons too.

Large text in the upper right-hand corner screams, Pre-owned vehicles for as much as 70 percent off original MSRP. Apart from the fact that a used cars original MSRP has nothing to do with anything, many states expressly prohibit references to MSRP discounts in ads.

Another part of the mailer stated, Good credit? Bad credit? No problem. We can get you financed regardless of your situation. Statements like these are not generally a problem, as long as they are completely truthful. This dealer should be prepared to finance every bag lady that comes onto the lot, or risk an AG or plaintiffs claim that the ad is unfair and deceptive.

The same thing goes for the ads statement that You are pre-approved to receive as much as 5,000 dollars off any pre-owned vehicle or new Hyundai or Mazda in stock. Unless the dealer is able to prove, if challenged, that customers actually received that sort of discount from the prices at which the dealer customarily sells the cars identified in the ad, the dealer will risk the same sort of unfair and deceptive claim.

These are real worries, not just technicalities that a pointy-headed lawyer worries about. Attorneys General around the country have made dealer advertisements one of their consumer protection priorities.

Here is a quick dealer checklist for mailers:

·         Do not rely on the mail house or ad agency for legal review. It is your ad, and you will be held accountable for its content.

·         Read the ad and make certain that every statement is not only true, but not misleading either.

·         Stay familiar with the ad requirements imposed by your states general advertising laws and regulations, as well as special requirements imposed by your state motor vehicle administration, consumer protection agency, or other agencies.

·         Stay familiar with the advertising restrictions imposed by the Truth in Lending Act, the Consumer Leasing Act, and Federal Reserve Board Regulations Z and M.

·         Have your dealerships lawyer review the ad.

·         Get assurances in writing from the ad company or mail house that the ad they mail will be the exact ad you and your lawyer reviewed.

·         Keep a file for each mailer containing the ad, the lawyers approval, and the agreement with the ad company.

·         Keep up with federal and state legal developments that affect ad compliance. What was legal last year may not work this year.

If you take these precautions, chances are you will never have to defend your mailers- if you do find yourself called upon to defend them, you will be in much better shape to do so. Do not forget that the Attorney General and all of his or her staff members have mailboxes too.

Emily Marlow Beck is a lawyer in the Maryland office of Hudson Cook, LLP. Prior to starting her legal career, she spent years working in a family-owned dealership. She can be reached at 410-865-5438 or by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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