Mitsubishi Motor Sales of America, Inc

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF MITSUBISHI MOTOR SALES OF AMERICA, INC. CONSENT ORDER, ETC., INREGARD TO ALLEGED VIOLATION OF THE CONSUMER LEASING ACT, THE TRUTH IN LENDING ACT AND THE FEDERAL TRADE COMMISSION ACT Docket C-3713. Complaint, Feb. 6, 1997--Decision, Feb. 6, 1997 This consent order prohibits, among other things, a California-based automobile manufacturer from misrepresenting the total amount due at lease inception, requires the manufacturer to provide consumers with clear, readable, and understandable cost information in their car lease and financed purchase advertising, requires advertisements, that reference an initial payment or state that no initial payment is due, to clearly and conspicuously disclose, as applicable, that the deal is a lease, and to disclose the fact that an extra charge may be imposed at the end of the lease based on the residual value of the car. The consent order also prohibits the respondent from misrepresenting the existence or amount of any balloon payment or the annual percentage rate for advertised loans.

Appearances For the Commission: Rolando Berrelez, Sally Pitofsky and Lauren Steinfeld.

For the respondent: Kristi Fischer, in-house counsel, Cypress, CA.

COMPLAINT The Federal Trade Commission, having reason to believe that Mitsubishi Motor Sales of America, Inc., a corporation ("respondent" or "Mitsubishi"), has violated the provisions of the Federal Trade Commission Act, 15 U.S.C. 45-58, as amended, the Consumer Leasing Act, 15 U.S.C. 1667-1667e, as amended, and its implementing Regulation M, 12 CFR 213, as amended, and the Truth in Lending Act, 15 U.S.C. 1601-1667, as amended, and its implementing Regulation Z, 12 CFR 226, as amended, and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent Mitsubishi Motor Sales of America, Inc. is a California corporation with its principal office or place of business at MITSUBISHI MOTOR SALES OF AMERICA, INC. 289 288 Complaint 6400 Katella Avenue, Cypress, California. Respondent distributes Mitsubishi vehicles and offers such vehicles for sale or lease to consumers.

2. Respondent has disseminated advertisements to the public that promote consumer leases, as the terms "advertisement" and "consumer lease" are defined in Section 213.2 of Regulation M, i2 CFR 213.2, as amended.

3. Respondent has disseminated advertisements to the public that promote credit sales and other extensions of closed-end credit in consumer credit transactions, as the terms "advertisement," "credit sale," and "consumer credit" are defined in Section 226.2 of Regulation Z, 12 CFR 226.2, as amended. 4. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. 44. LEASE ADVERTISING 5. Respondent has disseminated or has caused to be disseminated consumer lease advertisements ("lease advertisements") for Mitsubishi vehicles, including but not necessarily limited to the attached Mitsubishi Exhibits A through C. Mitsubishi Exhibits A and B are television lease advertisements (attached in video and storyboard format). Mitsubishi Exhibit C is a print lease advertisement. These advertisements contain the following statements:

A. [Audio:] "Lease for zero down and just two forty-nine a month for thirty-six months."

[Video:] "MITSUBISHI GALLANT S $0 DOWN $249 A MONTH, 36 MONTHS" [The advertisement contains the following lease disclosure at the bottom of the screen in dark-colored fine print superimposed on a background of similar shade: "First payment, plus a $0 down payment and a refundable security deposit of $250 (in NY, final monthly payment of $249 in lieu of security deposit) due upon delivery. 36 monthly payments based on MSRP of $18,043 . . . with a dealer capitalized cost reduction of $922, excluding tax, title, license, registration, regionally required equipment, dealer options, and charges for a 36-closed month closed-end lease. . . . Total payments: $8964 Lessee liable for maintenance, nonwarrantable repairs, excess wear and tear, and up to 15[cents]/mile over 36,000 miles and $350 disposition fee and applicable taxes at lease end. Option to purchase at lease end for residual value of $10,068, plus applicable fees and taxes and purchase option fee of $150. . . ." The fine print is displayed on three screens, Complaint 123 F.T.C.

each containing a block of at least seven lines, and each block appearing for approximately three seconds.] (Mitsubishi Exhibit A). B. [Audio:] "Lease for just two forty-nine a month for forty-eight months with a thousand dollars down,"

[Video:] "$1000 DOWN $249 A MONTH 48 MONTHS"

[The advertisement contains the following lease disclosure at the bottom of the screen in white fine print superimposed on a dark-colored, moving background and accompanied by background sound and other moving images: "First payment, plus a $1000 down payment and a refundable security deposit of $250 (in NY, final monthly payment of $249 in lieu of security deposit) due upon delivery. 48 monthly payments based on MSRP of $18,747 . . . with a dealer capitalized cost reduction of $1,289, excluding tax, title, license, registration, regionally required equipment, dealer options, and charges for a 48-month closed-end lease. . . . Total payments: $11,952 Lessee liable for maintenance, non-warrantable repairs, excess wear and tear,-and up to 15[cents]/mile over 60,000 miles and $350 disposition fee and applicable taxes at lease end. Option to purchase at lease end for residual value of $8,436, plus applicable fees, taxes and purchase option fee of $150. . . ." The fine print is displayed on three screens, each containing a block of seven lines, and each block appearing for approximately three seconds.] (Mitsubishi Exhibit B). C. "$0 Down Plus $500 CASH BACK* Now, Lease for 36 Months or Buy a Galant S* LEASE OR BUY $0 DOWN $249 A MONTH" [The advertisement contains the following lease disclosure at the bottom of the page in small print:

"..**First payment, plus a $0 down payment and a refundable security deposit of $250 (in NY, final monthly payment of $249 in lieu of security deposit) due upon delivery. 36 monthly payments based on MSRP of $18,043 for a Galant S with automatic transmission (FOG A88), with a dealer capitalized cost reduction of $922, excluding tax, title, license, registration, regionally required equipment, dealer options, and charges for a 36-month closed-end lease rounded to the nearest dollar. Total payments: $8,964. Lessee liable for maintenance, non-warrantable repairs, excess wear and tear, and up to 15 [cents|/mile over 36,000 miles and $350 disposition fee and applicable taxes at lease end. Option to purchase at lease end for residual value of $10,068, plus applicable fees and taxes and purchase option fee of $150... ."] (Mitsubishi Exhibit C). FEDERAL TRADE COMMISSION ACT VIOLATIONS COUNT I: MISREPRESENTATION IN LEASE ADVERTISING 6. Through the means described in paragraph five, respondent has represented, expressly or by implication, that the amount stated as "down" in respondent's lease advertisements is the total amount consumers must pay at lease inception to lease the advertised vehicles.

7. In truth and in fact, the amount stated as "down" in respondent's lease advertisements is not the total amount consumers must pay at lease inception to lease the advertised vehicles. ST Nata ann MITSUBISHI MOTOR SALES OF AMERICA, INC. 291 288 Complaint Consumers must also pay additional fees beyond the amount stated as "down," such as the first month's payment and security deposit, at lease inception. Therefore, respondent's representation as alleged in paragraph six was, and is, false or misleading. 8. Respondent's practices constitute deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a). COUNT II: FAILURE TO DISCLOSE ADEQUATELY IN LEASE ADVERTISING 9. In its lease advertisements, respondent has represented, expressly or by implication, that consumers can lease the advertised vehicles at the terms prominently stated in the advertisements, including but not necessarily limited to the monthly payment amount and/or amount stated as "down." These lease advertisements do not adequately disclose additional terms pertaining to the lease offer, including but not necessarily limited to a required security deposit and first month's payment due at lease inception. The existence of additional terms would be material to consumers in deciding whether to lease a Mitsubishi vehicle. The failure to disclose adequately these additional terms, in light of the representation made, was, and is, a deceptive practice. | 10. Respondent's practices constitute deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a). COUNT III: CONSUMER LEASING ACT AND REGULATION M VIOLATIONS 11. Respondent's lease advertisements, including but not necessarily limited to Mitsubishi Exhibits A through C, state a monthly payment amount, the number of required payments, and/or an amount "down." The lease disclosures in these advertisements contain one or more of the following terms required by Regulation M: that the transaction advertised is a lease; the total amount of any payment such as a security deposit or capitalized cost reduction required at the consummation of the lease or that no such payments are required; the total of periodic payments due under the lease; a statement of whether or not the lessee has the option to purchase the leased property and at what price and time or the method of determining the purchase-option price; and a statement of the amount Complaint 123 F.T.C.

or method of determining the amount of any liabilities the lease imposes upon the lessee at the end of the term. 12. The lease disclosures in respondent's television lease advertisements, including but not necessarily limited to Mitsubishi Exhibits A and B, are not clear and conspicuous because they appear on the screen in small type, against a background of similar shade, for a very short duration, with background sounds or images, and/or over a moving background. The lease disclosures in respondent's print lease advertisements, including but not necessarily limited to Mitsubishi Exhibit C, are not clear and conspicuous because they appear in small type. .

13. Respondent's practices violate Section 184 of the Consumer Leasing Act, 15 U.S.C. 1667c, as amended, and Section 213.5(c) of Regulation M, 12 CFR 213.5(c), as amended. CREDIT ADVERTISING 14. Respondent has disseminated or has caused to be disseminated credit sale advertisements ("credit advertisements") for Mitsubishi vehicles, including but not necessarily limited to the attached Mitsubishi Exhibits C, D, and E. Mitsubishi Exhibits D and E are television credit advertisements (attached in video and storyboard format). Mitsubishi Exhibit C, described above, is also a print credit advertisement. These advertisements contain the following statements:

A. [Audio:] "Buy a new Galant ES with automatic transmission and air conditioning for seven hundred fifty dollars down and one ninety-nine a month." [Video:] "$199 a mo. $750 down/Auto. Transmission Air conditioning. [The advertisement contains the following credit disclosure at the bottom of the screen in light-colored fine print superimposed on a light-colored, moving background with background sounds and images: "Example based on MSRP of $18,300 and a selling price of $16,764 for a Galant ES (FOG A83). $750 down. 5.15% APR Diamond Advantage Plan financing for 60 months: 59 months at $199 per month and a FINAL PAYMENT OF $7,320. Tax, title, license, registration, regionally required equipment, dealer options, and charges extra. Under certain conditions you may refinance the final payment or sell the vehicle to Mitsubishi Motors Credit of America, Inc. at end of term..." The fine print is displayed on two screens, each containing a block of five lines, and each block appearing for approximately three seconds.] (Mitsubishi Exhibit D). B. [Audio:] "Now you can buy a ninety-four Eclipse for one fifty-nine a month with five hundred down."

[Video:] "BUY: $159 a month/$500 DOWN" MITSUBISHI MOTOR SALES OF AMERICA, INC. 293 288 Complaint [The advertisement contains the following credit disclosure at the bottom of the screen in white fine print superimposed on a multi-colored, moving background and accompanied by background sound: "Example based on MSRP of $12,519 and a selling price of $11,827 for an Eclipse STD M/T (FOG A01). $500 down. 5.06% APR Diamond Advantage Plan financing for 54 mos.: 53 months at $159/mo. and a FINAL PAYMENT OF $4,757. Tax, title, lic., registration, regionally required equipment, dealer options, and charges extra. Under certain conditions you may refinance the final payment or sell the vehicle to Mitsubishi Motors Credit of America, Inc. at end of term. . . ." The fine print is displayed on two screens, each containing a block of five lines, and each block appearing for approximately three seconds. | (Mitsubishi Exhibit E).

C. [Along with the statements described in paragraph five, Exhibit C contains the following credit disclosure at the bottom of the page in small print: ". . . For example: 2.9% APR Diamond Retail Plan financing available for 24 months at $801 per month for a Galant S with automatic transmission (FOG A88), with a selling price of $18,043. $0 down. Tax, title, license, registration, regionally required equipment, dealer options, and charges extra. . . Example based on MSRP of $18,043 and a selling price of $17,121 for a Galant S with automatic transmission (FOG A88). $0 down. 5.53% APR Diamond Advantage Plan financing for 42 months: 41 months at $249 per month and a FINAL PAYMENT OF $9,509. Tax, title, license, registration, regionally required equipment, dealer options, and charges extra. Under certain conditions, you may refinance the final payment or sell the vehicle to Mitsubishi Motors Credit of America, Inc. at end of term. . . ."] (Mitsubishi Exhibit C).

FEDERAL TRADE COMMISSION ACT VIOLATIONS COUNT IV: MISREPRESENTATION IN CREDIT ADVERTISING 15. Through the means described in paragraphs five and fourteen, respondent has represented, expressly or by implication, that consumers can buy the advertised Mitsubishi vehicles at the terms prominently stated in the advertisements, including but not necessarily limited to the monthly payment amount and/or amount stated as "down." .

16. In truth and in fact, consumers cannot buy the advertised Mitsubishi vehicles at the terms prominently stated in the advertisements, including but not necessarily limited to the monthly payment amount and/or amount stated as "down." Consumers are also responsible for a final balloon payment of several thousand dollars to purchase the advertised vehicles. Therefore, respondent's representation as alleged in paragraph fifteen was, and is, false or misleading.

17. Respondent's practices constitute deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a). Complaint 123 F.T.C.

COUNT V: FAILURE TO DISCLOSE ADEQUATELY IN CREDIT ADVERTISING 18. In its credit advertisements, respondent has represented, expressly or by implication, that consumers can buy the advertised vehicles at the terms prominently stated in the advertisements, including but not necessarily limited to the monthly payment amount and/or amount stated as "down." These advertisements do not adequately disclose additional terms pertaining to the credit offer, including but not necessarily limited to a final balloon payment of several thousand dollars and the annual percentage rate. The existence of these additional terms would be material to consumers in deciding whether to buy a Mitsubishi vehicle. The failure to disclose adequately these additional terms, in light of the representation made, was, and is, a deceptive practice.

19. Respondent's practices constitute deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a). COUNT VI: TRUTH IN LENDING ACT AND REGULATION Z VIOLATIONS 20. Respondent's credit advertisements, including but not necessarily limited to Mitsubishi Exhibits C, D, and E, state a monthly payment amount and/or an amount "down." The credit disclosures in these advertisements contain the following terms required by Regulation Z: the annual percentage rate and the terms of repayment.

21. The credit disclosures in respondent's television credit advertisements, including but not necessarily limited to Mitsubishi Exhibits D and E, are not clear and conspicuous because they appear on the screen in small type, against a background of similar shade, for a very short duration, with background sounds and images, and/or over a moving background. The credit disclosures in respondent's print credit advertisements, including but not necessarily limited to Mitsubishi Exhibit C, are not clear and conspicuous because they appear in small print.

22. Respondent's practices violate Section 144 of the Truth in Lending Act, 15 U.S.C. 1664, as amended, and Section 226.24(c) of Regulation Z, 12 CFR 226.24(c), as amended. MITSUBISHI MOTOR SALES OF AMERICA, INC. Complaint EXHIBIT A & Advernsung lnc One Prafic Plaza 71) Canes Avenua doe 400 Hunangem Beach, CA FB 14) 3724600 MGMM- 1570 Video SUMMER OF THUNDER SUPER:

GALANT S PREFERRED EQUIPMENT PACKAGE SUPER:

MITSUBISHI GALANT 5 S0 DOWN $249 A MONTH, 36 MONTHS DISCLAIMER:

First payment, plus 4 $0 down payment and a refundable security depoat of $250 (in NY, final monthly payment of $249 in lieu of security deposit) due upon delivery. 36 monthly payeums based on MSRP of $18,043 for a Galane $ with automate tranemission (FOG A88), ye a dealer capliallzer’ cost reduction o $922, excluding tax, dtle, licenses, Cone eumth dowland ime rouried to tha nearest dollar. Total $8,964 Lessee table for maintenance, non-warrantable repairs, excess wear and tear, and TITLE: Galant Surrerer or Thurder/Lease DATE: 7/26/95 PAGENUMBER: | |[REVISION: |_| LENGTH: COPY W RITER: FILM: (Yes No TAPE: 1)¥esUNo |. STONE AS PRODUCED TELEViS:

‘\PROOUCT. Gila job NUMBER:

AS RECIX)Yesuin Audio Mitsubishi's Summer of Thunder continues...

with our best offer ever on a Galant ¢ with the Preferred Equipment Package.

Lease for zero down, and just two forty-nine a monzh for thirty-six months, MITSUBISHI EXHIBIT A Complaint 123 F.T.C.

EXHIBIT A GZ TELE’ isi & Adveranng inc One Pacific Plaza 7711 Cenur Avenua. Suice 400 Hunnngwn Basch. CA J1647 wid) 37S "ROOUCT. Galare JOB NUMBER: 413-i0-424 TITLE: Galant Summer of Thurder;Lease MCMM- 1570 OATE: 7/36/95 PAGENLMBER.2 [REVISION: —___{LENGTH: 30 AS REC(X)Yesu)S COPY W RITER: FILM: (Yes (No TAPE: (Yes (JNo J. Store SUPER: and get automatic transmission, air age 36 MONTHS conditioning, power windows and AUTOMATIC TRANSMISSION door locks, and much more. AIR CONDITIONING POWER WINDOWS AND DOOR LOCKS CRUISE CONTROL DISCLAIMER:

up © 1S¢/mule over 36.000 mules and $350 disposition fee and applicable taxes at lease end. Option w purchase at lease end for residual value of $ 10,068, plus applicable fees and taxes and option fee of $150. Purchase option during lease (after first 12 months) for Initial Lease Balance of $17,521 reduced by the depreciation portion of the monthly payments, plus applicable fees and taxes, plus purchase option fer of $150.

Depreciation is determined on a level yield bas following the rules for journal entries for leseors under “Direct Financang Leases" in statement of Financial Accounting Standards No. 13 issued by the Financial Accounting Standards Board and wil] reduce the Initial Lease Balance tw the residual vahor at the end of the lease term. Lease offered qualified custners with approved credit and insurance. Program for 1995 models = only through Mitsubishi Motors Credit of America, inc. and not available in HI on these terme. Program scheduled w end July 31, 1995. DEALER PRICE AND TERMS MAY VARY. SEE PARTICIPATING DEALERS FOR DETAILS.

MITSUBISHI MOTOR SALES OF AMERICA, INC. Complaint EXHIBIT A G2 TELEVISION Sr items pemeseas? (714) 372-6600 TITLE: Galant Surerer of Thurder/Lease MGMM- 1570 SUPER PLUS $500 CASH BACK DISCLAIMER:

$500 cash beck when financed through Mitsubishi Motors Credit of America, Inc. $1,100 savings includes $500 cash back plus $602 savings on PEP which is based on MSRP for air conditioning, power windows and door locks, cruise control, six-speaker stereo cassette, large door armrests and pockets, molded door trim with fabric inserts, full trunk trim, and courtesy door lights.

SUPER:

$ 0 DOWN PLUS $500 CASH BACK The New Thinking in Automobiles™ 1-800-SSMITSU DATE: 7/26/95 PAGENUMBER: 3 [REVISION: __| LEN COPY WRITER: FILM: (Yes (No TAPE: (Yes (Na . Stone PRODUCT: Galant O8 NUMBER: 415-10-€24 OOYe No Plus, right now, get five hundred dollars cash back. That's eleven hundred dollars in savings.

Zero down, plus cash back, for a during the Summer of Thunder, from Mitsubishi The New Thinkin.

in Automobiles™.

Complaint 123 ' FTG, EXHIBIT B AS PRC G2 Aavarising, Inc 77'* Center Avenue. S..1@ $20 Hurtingtan Beacn. CA 32647 .7'4) 372-6600 CRODUCT ecipse CLIENT: MMSA TITLE: Final Storm - Edipse Lease i TOB NUMBER. 413-12-829 PAGENUMBER (REVISION: 2 MGMAM 2514 W RITER: FILM: (Yes t)No TAPE. (Yes UNO DATE: 9/29/95 Video Audio ““1USIC LINDER) Tais summer's hottest event.. just got voter Moruse of clouds expands.

MGtsutishi’s Summer of Thunder heats up with an electmfying offer on an Ectipes GS:

Graphic tvpe treatment of “Thunder* with clouds back drop.

MITSUBISHI EXHIBIT B MITSUBISHI MOTOR SALES OF AMERICA, INC. 299 Complaint EXHIBIT B G2 Aoverising, Inc 7711 Center Avenue. Suite «C9 Huntington Baacn, CA 32547 (714) 372-6600 PRODUCT: Eclipse JOB NUMBER: 415-12-829 TITLE: Final Storm - Eclipse Lease MGMM 2514 DATE: 9/29/95 PAGENUMBER: 2 | REVISION: 2 WRITER: | FILM: Yes ONo__| TAPE: O¥es 0No Lease for just two forty-nine a month for LENGTH: :30 AS REC: ()Yes ( SUPER:

$249 A MONTH, 48 MONTHS forry-eight months with a thousand $1,009 DOWN dollars dawn.

DISCLAIMER:

First payment, plus a $1,000 down payment and a refundable secunry deposit of $250 (in NY, final monthly payment of $249 in lieu of security deposit) due upon delivery. 48 monthly payments based on MSRP of $18,747 for an Eclipse GS with manual cransrussion (FOG A87), with a dealer capitalized cost reduction of $1,289, excluding tax, ude. license, registration, regionally required equipment, dealer options, and charges for a 48-month closed-end lease rounded to the nearest dollar. Total payments: $11,952 Leasee liable for maintenance, nonwarrantable repairs, excess wear and tear, and up to 15¢/mule over 60,000 rules and $350 disposition fee and applicable taxes at lease end. Opdon to purchase at lease end for residual value of $8,436, plus applicable fees and taxes and purchase option fee of $150. Purchase opnon during lease (after first 12 months) for Initial Lease Balance of $16,858 reduced by the depreaation portion of the monthly paymens, plus applicable fees and taxes, plus purchase option fee of $150. Depreciation is determined on a level yield basis following the rules for journal entries for lessors under “Direct Financing Leases” in statement of Financial Accounting Standards No. 13 issued by the Financial Accounting Standards Board and will reduce the Initial Lease Balance to the residual value at the end of the lease term. Lease offered to qualified customers with approved credit and insurance. Program for 1995 models only through Mitsubishi Motors Credit of Amenca, Inc and not available in HI on these terms. Program scheduled to end September 11, 1995 DEALER PRICE AND TERMS MAY VARY. SEE Complaint 123 F.T.C.

EXHIBIT B G2 Aaverising, Inc.

7711 Genter Avenue, Suite 400 Hunungton Beach, CA 92647 (714) 372-6600 JCB NUMBER: 415-12-829 TITLE: Final Storm - clipes Lease MGMM 2514 DATE: 9/29/95 PAGENUMBER: 3 | REVISION: 2 W BITER: FILM: (Yes 0No TAPE: (Yes ()NO SUPER: But hurry-in. Because this offer ends AIR CONDITIONER soon.

POWER WINDOWS AND DOOR LOCKS ALLOY WHEELS SIX-SPEAKER STEREO CASSETTE And so does the Summer of Thunder.

Fr - LOGO: Mitsubishi is From Mitsubishi. ‘The New Thinking in - _* The New Thinking in Automobiles. Automobiles™ :

1-800-SSMITSU MITSUBISHI MOTOR SALES OF AMERICA, INC. Complaint EXHIBIT C OCs THUASOAY, Aodl 10. 1608+ UGA Today MITSUBISHI‘S SUMMER OF THUNDER *O DOWN CASH PLUS ‘S00 BACK SAVE .QVER -$1,100 ON A GALANT S Now, LEASE FOR 36 MONTHS OR Buy A GALANT S, WITH AUTOMATIC TRANSMISSION AND THE PREFERRED EQUIPMENT PACKAGE, AND ENJOY: .

_— Air CONDITIONING Power Winoows and Door Locks e Cruise CONTROL SIX-SPEAKER STEREO CASSETTE AND MUCH MORE. ‘ You save $600 ON THIS SPECIAL PACKAGE. Puus, YOu Get $500 CASH BACK. TOTAL SAVINGS: $1,100. ALSO, ASK YOUR DEALER ABOUT 2.9% FINANCING! BUT HURRY IN, BECAUSE THE SUMMER OF THUNDER AND THESE HOT DEALS WON'T LAST FOREVER.

Fa EXHI.BIT C # “249 A MONTH aA nit A L MITSUBISHI Tha New Thinking in Automabited Complaint EXHIBIT D G2 Adverusing, inc.

7711 Cantar Avenue. Suite 400 Huntngton Beacn, CA 92647 (714) 372-6600 PRODUCT: Galant JOB NUMBER: 415-10-712 TITLE: “Favorite Things” $199 Buy (AS REC) MGMM-1473 123 Ean.

Video ROSE IN VASE WITH DRIVER'S SEAT RECLINING 7/8 OVERHEAD FRONT BEAUTY SHOT, DRIVER'S SIDE W/ BADGING DRIVER'S SEAT MOVES BACK AND RECLINES ARMREST LIFTS OPEN CRUISE INDICATOR COMES ON POWER ANTENNA COMES UP Footage of Galant S appears with buy mention.

SUPER: $199 a mo. $750 down/ Auto. transmission Air conditioning.

DISCLAIMER:

Example based on MSRP of 18.300, and a selling price of $16,764 for a Galant ES, (FOG A83). $730 down. 5.15% APR Diamond Advanage Plan financing for 60 months: 59 months at $199 per month and a FINAL PAYMENT OF $7,320. Tax, nde, license, registradon, regionally required equipment, dealer options, and charges extra. Under certain conditions you may refinance the final payment or sell the vehicle to Mitsabishi Motors Credit of Amenaa, Inc. at end of term Audio (MUSIC UNDER) "RAINDROPS ON ROSES AND...

.. .WHISKERS ON KITTENS...”

The all-new Mitsubishi Galant. Filled with thoughtful details.

“THESE ARE A...

FEW OF MY ...

FAVORITE ..

THINGS.”

Buy a new Galant ES with automatic transmission and air conditioning for seven hundred fifty dollars down and one ninety-nine a month.

MITSUBISHI EXHIBIT D MITSUBISHI MOTOR SALES OF AMERICA, INC. 303 Complaint EXHIBIT D @.

TELEV! G2 Advernaing, inc.

7711 Canter Avenue, Suite 400 Huntington Beach, CA 92647 (714) 372-6600 (COENT: MMSA_____________ | PRODUCT: Gi ; TITLE: “Favorite Things” $199 Buy JOB NUMBER: 4$15-10-712 REVISION: 2 (AS REC) MGMM-1473 DATE: 9/25/95 PAGE NUMBER: 2 WRITER : J. Stone FILM: ()Yes (No TAPE ()Yes (No Diamond Ac vantage Plan offered to qualified customers with approved credit and insurance. Program for 1994 models only through Mitsubishi Motors Credit of America, Inc. and not available in HI on these terms. Diamond Advantage Plan financing not available in NC. Program scheduled to end June 30, 1954. DEALER PRICE AND TERMS MAY VARY.

SEE PARTICIPATING DEALERS FOR DETAILS. AVAILABILITY OF SPECIFIC MODELS MAY VARY BY DEALER HEIGHT ADJUSTABLE SAFETY "THESE ARE A... BELT REAR SEAT ARMREST FOLDS DOWN ...FEW OF... DUAL AIR BAGS DEPLOY MY FAVORITE THINGS.“ SUPER: Always wear safety belts.

3/4 Overhead front beauty shot, driver The affordable Galant ES offer. Perhaps the most...

side.

SUPER: $199 a mo. $750 down./ Auto. transmission Air conditioning.

LOGO: Mitsubishi . , favorite thing of all. The New Thinking in Automobiles.™ 1-800-SS5MITSU Complaint 123 F.T.C EXHIBIT E aL 'KELEN G2 Adverunng One Pacific Plaza 7711 Center Avenue Suite 400 Hunringron Beach, CA 92547 (714) 372-6600 [CUENT-MMSA_ SSC PROOUCT: ECLIPSE TILE: Eclipse afothers R4 JO& NUMBER: 415-02-713 MGMM-2414 DATE: 3/24/93 [PAGE NUMBER: 3___| REVISION: WORD COUNT: [FLM: (Yes WNo__| TAPE: ()Yesi)No | Video Audlo FRONT VIEW OF BUS DAIVING MUSIC BEAT FORWARD BUS DRIVES RIGHT TO LEFT OF ANNCR: If you're looking for a way SCREEN get from here to thara SIDE VIEW OF BUS SHOWING A MUSIC BEAT BILLBOARD OF THE MITSUBISHI ECLIPSE CLOSE-UP OF ECLIPSE BILLBOARD that eclipses all other forms of THE CAR IS BEGINNING TO COME transportation, ALIVE THE ECLIPSE HAS ORIVEN OFF THE look at this. The Mitsubishi Eclipse. BILLBOARD RUNNING FOOTAGE OF ECLIPSE MUSIC BEAT RUNNING FOOTAGE OF ECLIPSE ANNCR: Now you can buy a ninety SUPER: BUY: $159 A MONTH/$S00 four Eclipse for one fifty-nine a mon: DOWN with five hundred down. Or, buy ar DISCLAIMER: ninety-four Eclipse and get factory (SEE ATTACHED FOR DETAILS) cash back.

SUPER: $1,000 FACTORY CASH BACK DISCLAIMER: Factory exsh back on the purchase of any ‘34 Ecipss model, offer ends June 20,1994. See your participating Mitsubishi Mators Desier far details.

REAR VIEW OF ECLIPSE DAIVING OFF The Eclipse from Mitsubishi. MITSUBISHI LOGO The New Thinking In Automobiles 1-800-55MITSU MITSUBISHI EXHIBIT E Tc isha! te seepage the MITSUBISHI MOTOR SALES OF AMERICA, INC. Complaint EXHIBIT E G2 Cz Advernsing Ona Pacific Plaza 7711 Center Avenue, Suite 400 Hunringwon Basch, CA 92647 (714) 372-6600 (CLIENT. MMSA____—————CCL PRQOUCT: ECLIPSE TITLE: Ecipse afothers A4 JOB NUMBER: 415-02-713 MGMM-2414 REVSION:

WORD COUNT: [FLM: (ves (JNo__—sL TAPE: )Yes()No__| Example based on MSRP of $12,519 and a selling price of $11,827 for an Eclipse STD M/T (FOG AOI). $500 down. 5.06% APR Diamond Advantage Plan financing for 54 months: 53 months at $159/mo. and a FINAL PAYMENT OF $4,757. Tax, title, lic., registration, regionally required equipment, dealer options, and charges extra. Under certa'n conditions you may refinance the final payment or sell the vehicle to Mitsubishi Motors Credit of America, Inc. at end of term. Diamond Advantage Plan offered to qualified customers with approved credit and insurance. Program for 1994 models only through Mitsubishi Motors Credit of America, Inc. and not available in HI on these terms.

Diamond Advantage Plan financing not available in NC. Program scheduled to end June 30, 1994.

TELEVISIC DEALER PRICE AND TERMS MAY VARY. SEE PARTICIPATING DEALERS FOR DETAILS.

Decision and Order 123 F.T.C.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge the respondent with violation of the Federal Trade Commission Act; and The respondent, its attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by the respondent that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true and waivers and other provisions as required by the Commission's Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order: 1. Respondent Mitsubishi Motor Sales of America, Inc., is a California corporation with its principal office or place of business at 6400 Katella Avenue, Cypress, California. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

MITSUBISHI MOTOR SALES OF AMERICA, INC. 307 288 Decision and Order ORDER DEFINITIONS 1. "Clearly and conspicuously" as used herein shall mean: 1) video or written disclosures must be made in a manner that is readable and understandable to a reasonable consumer and 2) audio or oral disclosures must be made in a manner that is audible and understandable to a reasonable consumer. 2. "Total amount due at lease inception" as used herein shall mean the total amount of any initial payments required to be paid by the lessee on or before consummation of the lease or delivery of the vehicle, whichever is later, excluding dealer and government mandated fees and charges (if any).

3. "Balloon payment" as used herein shall mean any scheduled payment with respect to a consumer credit transaction that is at least twice as large as the average of earlier scheduled payments. 4. Unless otherwise specified, ““respondent" as used herein shall mean Mitsubishi Motor Sales of America, Inc., its successors and assigns, and its officers, agents, representatives, and employees. 5. "In or affecting commerce" as used herein shall mean as defined in Section 4 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C, 44.

It is ordered, That respondent, directly or through any corporation, subsidiary, division, or any other device, in connection with any advertisement to aid, promote, or assist, directly or indirectly, any consumer lease in or affecting commerce, as "advertisement" and "consumer lease" are defined in Section 213.2 of revised Regulation M, 61 Fed. Reg. 52,246, 52,258 (Oct. 7, 1996)(to be codified at 12 CFR 213.2) ("revised Regulation M"), as amended, shall not, in any manner, expressly or by implication: A. Misrepresent the total amount due at lease inception, the amount down, and/or the downpayment, capitalized cost reduction, or other amount that reduces the capitalized cost of the vehicle (or that no such amount is required).

B. Make any reference to any charge that is part of the total amount due at lease inception or that no such charge is required, not Decision and Order 123 F.T.C.

including a statement of the periodic payment, more prominently than the disclosure of the total amount due at lease inception. C. State the amount of any payment or that any or no initial payment is required at lease inception unless all of the following ‘items are disclosed clearly and conspicuously, as applicable: 1. That the transaction advertised is a lease; 2. The total amount due at lease inception; 3. That a security deposit is required; 4. The number, amount, and timing of scheduled payments; and 5. That an extra charge may be imposed at the end of the lease term in a lease in which the liability of the consumer at the end of the lease term is based on the anticipated residual value of the vehicle. Il.

It is further ordered, That an advertisement that complies with subparagraph I.C shall be deemed to satisfy the requirements of Section 184(a) of the Consumer Leasing Act, 15 U.S.C. 1667c(a), as amended by Title II, Section 2605 of the Omnibus Consolidated Appropriations Act for Fiscal Year 1997, Pub. L. No. 104-208, 110 Stat. 3009, (Sept. 30, 1996) ("revised CLA"), as amended, and Section 213.7(d)(2) of revised Regulation M, 61 Fed. Reg. at 52,261 (to be codified at 12 CFR 213.7(d)(2)), as amended. II.

It is further ordered, That if the revised CLA, as amended, or revised Regulation M, as amended, are amended in the future to alter definition 2 of this order ("total amount due at lease inception") or to require or permit advertising disclosures that are different from those set forth in subparagraphs I.B or I.C of this order, then the change or changes shall be incorporated in subparagraph I.B, subparagraph [.C, and/or definition 2 for the purpose of complying with subparagraphs I.B and L.C only, as appropriate; provided however, that all other requirements of this order, including definition 1 ("clearly and conspicuously"), will survive any such revisions. MITSUBISHI MOTOR SALES OF AMERICA, INC. 309 288 Decision and Order IV.

It is further ordered, That respondent, directly or through any corporation, subsidiary, division, or any other device, in connection with any advertisement to aid, promote, or assist, directly or indirectly, any extension of consumer credit in or affecting commerce, as "advertisement" and "consumer credit" are defined in Section 226.2 of Regulation Z, 12 CFR 226.2, as amended, shall not, in any manner, expressly or by implication: A. Misrepresent the existence and amount of any balloon payment or the annual percentage rate.

B. State the amount of any payment, including but not limited to any monthly payment, in any advertisement unless the amount of any balloon payment is disclosed prominently and in close proximity to the most prominent of the above statements. C. State the amount or percentage of any downpayment, the number of payments or period of repayment, the amount of any periodic payment, including but not limited to any monthly payment, or the amount of any finance charge, without disclosing clearly and conspicuously:

1. The amount or percentage of the downpayment; 2. The terms of repayment, including but not limited to the amount of any balloon payment; and 3. The correct annual percentage rate, using that term or the abbreviation "APR," as defined in Regulation Z and the Official Staff Commentary to Regulation Z. If the annual percentage rate may be increased after consummation of the credit transaction, that fact must also be disclosed.

is It is further ordered, That respondent Mitsubishi Motor Sales of America, Inc., and its successors and assigns, shall, for five (5) years after the date of service of this order, maintain and upon request make available to the Commission for inspection and copying all records that will demonstrate compliance with the requirements of this order. Decision and Order 123 F.T.C.

VI.

It is further ordered, That respondent Mitsubishi Motor Sales of America, Inc., and its successors and assigns, shall deliver a copy of this order to all current and future principals, officers, directors, managers, employees, agents, and representatives having responsibilities with respect to the subject matter of this order and to all advertising agencies; and shall secure from each such person or entity a signed and dated statement acknowledging receipt of the order. Respondent shall deliver this order to current personnel or entities within thirty (30) days after the date of service of this order, and to such future personnel or entities within thirty (30) days after the person or entity assumes such position or responsibilities. VIL.

It is further ordered, That respondent Mitsubishi Motor Sales of America, Inc., and its successors and assigns, shall notify the Commission at least thirty (30) days prior to any change in the corporation that may affect compliance obligations arising under this order, including but not necessarily limited to dissolution, assignment, sale, merger, or other action that would result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this order; the proposed filing of a bankruptcy petition; or a change in the corporate name or address. Provided, however, that, with respect to any proposed change in the corporation about which respondent learns less than thirty (30) days prior to the date such action is to take place, respondent shall notify the Commission as soon as is practicable after obtaining such knowledge. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. VIL.

It is further ordered, That respondent Mitsubishi Motor Sales of America, Inc., and its successors and assigns, shall within one hundred and twenty (120) days after the date of service of this order, and at such other times as the Federal Trade Commission may require, file with the Commission a report, in writing, setting forth in MITSUBISHI MOTOR SALES OF AMERICA, INC. 311 288 Decision and Order detail the manner and form in which they have complied with this order.

IX.

This order will terminate on February 6, 2017, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of: A. Any Part in this order that terminates in less than twenty (20) years; : 7 B. This order's application to any respondent that is not named as a defendant in such complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal. Complaint 123 F.T.C.