Ensuring Compliance with Illinois Motor Vehicle Advertising Laws

Sarah J. Reusche • August 20, 2024

The following article will explain the various laws and regulations related to motor vehicle advertising in Illinois. However, this information is not all-encompassing, and as always dealers should consult with legal counsel to ensure their specific advertising complies with Illinois Law. If you have questions regarding Illinois dealership law, contact Sarah Reusche at sreusche@lavellelaw.com to schedule a consultation.


General Advertising Practices


It is an unfair and deceptive practice to advertise or sell a vehicle without clearly and prominently disclosing all important details right from the start of the offer. Dealers should not use footnotes or asterisks that might confuse or change the main terms of the ad or use a font size smaller than 10 point that is hard to notice.

 

Dealers should also avoid using inaccurate photos or illustrations, such as showing a fully loaded car when the offer is for a basic model. It is also an unfair and deceptive practice to use confusing or uncommon abbreviations that most people would not understand.


Price Advertising


Advertisements must include all costs to the purchaser in the total price of the vehicle, except for taxes, license and title fees, and documentary service fees if clearly disclosed otherwise. Advertised prices must be honored, allowing purchasers to buy vehicles at the stated price.

 

Limitations to advertised prices must be clearly and prominently disclosed. For example, claims of "lowest prices" or similar must be substantiated by continual monitoring of competitors' prices and verifiable evidence. Ads with price matching statements like "meet your best offer" must disclose a price matching policy that is consumer friendly.

 

Price comparisons with higher prices must clearly state their basis, except for certain conditions in the new vehicle context. Comparisons with prices offered by other dealers must be fair and clearly disclosed, or the dealer must specifically identify the other dealer. For new vehicles, claiming savings based on a list price is deceptive unless it is the MSRP or the dealer's former price. Used vehicle price comparisons must be based on a recognized price guide and clearly disclosed, with a disclaimer about varying vehicle values.


Certain terms like "sale" or "discount" must reflect a reasonable reduction from the regular price, with a 5% reduction considered reasonable. Terms like "sale" or “discount” must clearly specify how long they last and which vehicles are included unless the model cannot be reordered from the manufacturer.

 

Claims of "liquidation sale" or similar must accurately reflect the dealer’s intention to cease operations after disposing of vehicle inventory. And range-based pricing claims must disclose the highest price or lowest discount in the range, and a reasonable number of vehicles at the largest discount must be available.

 

Terms like "dealer’s cost" must clarify that the dealer's profit is not limited to the amount over an invoice, unless specific conditions are met. Also, "buy-down" rates must disclose if not sponsored or subsidized by the manufacturer, and below-market finance rates must comply with federal lending regulations.


Other Advertising Practices


Demonstrator vehicles must clearly disclose their year, make, model, and demonstrator status. Executive or official vehicles can only be advertised if exclusively used by designated executives or as promotional vehicles. Vehicles previously leased or rented must be clearly labeled as "used" and disclose relevant details.

 

Cash rebates must be solely funded by the manufacturer and disclosed accordingly. Advertised prices or payments after deducting rebates must be available to all eligible consumers. Also, trade-in allowances must be clearly specified without range ambiguity. Claims of "no money down" must not require any down payment in any form (i.e. financing or cash).

 

Advertised prices based on shopped price or surveys must meet strict criteria including but not limited to being recent and independent. Also, claims of special manufacturer relationships must not imply greater authority than other dealers.

 

Additional costs for warranties or services must be disclosed and agreed upon before sale. Offers of free prizes or gifts with vehicle purchase must disclose all terms upfront. Warranties can be included with purchases but cannot be advertised as "free”.


Credit Sales Advertising


Closed-end credit terms cannot be advertised without clearly disclosing: (1) the down payment amount or percentage, repayment terms, and annual percentage rate (APR); (2) for balloon-note financing, the final amount owed at the end of the payment schedule near the triggering terms; and (3) the details of any manufacturer's tiered financing offers. Advertised credit terms must be available to consumers.

 

Finance rates must be disclosed with applicable conditions such as: (1) the limitations to specific models; (2) the potential price increases due to dealer contributions; (3) the requirements to purchase additional options or services; (4) the impact on final vehicle or option/service prices; (5) the expiration dates or other time-limited conditions; and (6) any other significant terms affecting rate availability. Terms like "bank rates" can only be used if offered by a bank, bank association, or authorized trust company in Illinois.


Assistance with Compliance


Failure to comply with these laws can have astronomical effects on dealerships such as penalties, litigation costs, increased exposure, etc. Legal counsel well-versed in dealership law serves as a proactive partner in ensuring that dealers not only meet but exceed the standards set by motor vehicle advertising rules and regulations, thereby protecting dealers from legal risks and enhancing their reputation with consumers.

 

If you have questions regarding Illinois dealership law, contact Sarah Reusche at sreusche@lavellelaw.com to schedule a consultation.


More News & Resources

Lavelle Law News and Events

IRS Launches Digitally Authenticated Tax Compliance Report
By Timothy M. Hughes September 10, 2026
On August 20, 2026, the Internal Revenue Service announced a digitally authenticated Tax Compliance Report available through IRS Individual Online Accounts. Taxpayers can securely obtain and download the report when applying for a job, a loan, a government benefit, or another service that requires tax compliance info.
BOI reports with FinCEN no longer required for condo, HOAs, other associations, board members.
By Robyn K. Kish August 17, 2026
FinCEN update: Condo, HOAs, and other common interest community associations no longer have to file BOI reports with FinCEN. Volunteer board members are no longer required to report their personal information to the federal government simply because they sit on an association’s board of directors.
Tax-Smart Year-End Planning: Key 2026 Tax Changes & Strategies for Success
By Lavelle Law August 11, 2026
Discover the latest tax law updates and planning opportunities that can help you reduce taxes, protect wealth, and prepare for the future.
IRS Announces Guidance on the Expansion of Paid Family and Medical Leave
By Timothy M. Hughes August 10, 2026
On August 5, 2026, the Internal Revenue Service issued Notice 2026-28 providing guidance on the employer credit for paid family and medical leave (“PFML”) under the Working Families Tax Cuts (“WFTC”). The WFTC makes permanent and expands eligibility and coverage for employers offering PFML benefits to employees.
Federal Rule 68 Offers of Judgment: An Underutilized Tool for Defense Counsel
By Sarah J. Reusché August 7, 2026
Many litigators are familiar with Federal Rule of Civil Procedure 68, but few fully appreciate its strategic value in the defense arsenal. Rule 68 can be a powerful tool for influencing settlement negotiations, and in some cases, limiting a plaintiff’s ability to recover post-offer attorneys’ fees.
Judge Says “You’re Out!” to Stalker Ex  - a Lavelle Law Success Story
By Family Law Practice Group July 28, 2026
A client came to us needing protection from an ex-boyfriend who wouldn’t take no for an answer. She broke up with him after he used her indoor pet camera to spy on her without her permission, then surveilled her at her home and chased her through a parking lot.
Type F Reorganization
By Frank J. Portera July 28, 2026
Thinking about selling your business? In this video, Lavelle Law attorney Frank Portera explains how a Type F Reorganization can create tax efficiencies and simplify the sale process by reducing the need for third-party consents.
6 reasons why you shouldn’t rely on AI for legal advice.
By Sarah J. Reusché and Shelley McCarthy July 17, 2026
Thinking about using AI to represent yourself in litigation? Think again. It is well-documented that pro se litigants are less likely to prevail compared to their represented counterparts. Regardless, AI has provided people with a false sense of security, tempting them to represent themselves regardless.
Representation and Warranties Insurance Democratization: A Game Changer for Many Deals
By Steven A. Migala July 13, 2026
Representations and warranties insurance (“RWI”) for mergers and acquisitions (“M&A”) is more accessible than ever due to increasing democratization in the market. Now, RWI can be a viable option for smaller, mid-market deals.
IRS Announces Simplified Penalty Relief
By Timothy M. Hughes July 10, 2026
On July 8, 2026, the Internal Revenue Service announced a new automatic process to provide penalty relief for taxpayers with a history of filing and paying on time, reducing the need for those taxpayers to request assistance in addressing penalty relief.
More Posts