Consumer Law Library

Relating To The Sale And Financing Of Motor Vehicles

16 CFR Part 197 · Trade practice rules · in the Code of Federal Regulations 1959-1978 (13 annual editions)

Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.

Latest edition: Library of Congress, 1978 CFR · Earliest edition: 1959 CFR

Text (1978 edition, OCR)

Chapter |—Federal Trade Commissien

Grovrp II

§ 195.101 Products to be manufactured, re-
paired, renovated, and sold under sani-
tary conditions.

The industry condemns the practice
of manufacturing, repairing, renovat-
ing, or selling bedding products under
unsanitary conditions.

COMMITTEE ON TRADE PRACTICES

§ 195.201 Industry committee.

The provisions of §16.1: of this
chapter shall be applicable to an in-
dustry committee established under
this part.

(21 FR 1174, Feb. 21, 1956]

PART 197—RELATING TO THE SALE
AND FINANCING OF MOTOR VEHI-
CLES

Grovr I

Sec.

197.1 Misrepresentation as to insurance
coverage or rates, financing costs, etc.
197.2 Furnishing the purchaser with itcm-
ization of his costs in the installment

sale of motor vehicles.

197.3 Installment sales contract containing
blank spaces to be filled in aftcr its ex-
ecution.

197.4 False, misleading, or deceptive use of
rate charts in connection with the in-
stallment sale and financing of motor
vehicles.

197.5 Requiring the placing of insurance
by the seller or financing institution as a
condition to the sale or financing of a
motor vehicle.

AvutTnorriry: Secs. 6, 5, 38 Stat. 721, 719; 15
U.S.C. 46, 45, unless otherwise noted.

Source: 16 FR 1059, Feb. 6, 1951, unless
otherwise noted.

Group I

§ 197.1 Misrepresentation as to msurance
coverage or rates, financing costs, etc.

It is an unfair trade practice for any
selier or financing institution, acting
individuaily or in agreement, combina-
tion, conspiracy, or coliusion with one
another, to make any false, mislead-
ing, or deceptive statements or repre-
sentations concerning insurance cover-

116CFR 16.1 was deleted at 36 FR 3116,
Feb. 18, 1971.

§ 197.2

age or rates, plans respecting methods
of financing, or financing costs or
rates, in connection with the sale at
retail of motor vehicles on installment
or deferred payment contracts.

§197.2 Furnishing the purchaser with
itemization of his costs In the install-
ment sale of motor vehicles.

(a) In the installment sale of motor
vehicles it is an unfair trade practice
for the seller to fail, before the con-
summation of the sale, to furnish the
buyer an itemization in writing signed
by the seller separately disclosing to
the purchaser the finance charge, in-
surance costs, and other charges
which are pald or to be paid by the
purchaser, such failure to separately
disclose such items having the capac-
ity and tendency or effect of deceiving
the purchaser as to the nature of his
costs in the transaction or rendering
competition with respect to the cost of
good will, and every effort should be
made by the disputants to compose
their differences.

(b) The seiler shall be deemed to
have fully complled with the require-
ments of this section when he has fur-
nished the purchaser, before consum-
mation of the saie, an itemization in
writing which clearly discloses:

(1) The delivered price of the motor
vehicle, including accessories or
extras, if any; and

(2) The amounts to be credited as
down payment and trade-in, if any;
and

(3) The time baiance owed by the
buyer to seller, the amount of each in-
stallment payment to be made by the
buyer, and the number of such instail-
ment payments, and the due dates
thereof; and

(4) The cost of insurance, the cover-
age provided, and the party or parties
to whom the insurance is payable; and

(5) The finance charge; and

(6) Other charges making up the
total consideration paid or to be pald
by the purchaser, included in the time
balance, the amounts and nature of
each to be separately stated;

or when all sald required information
is clearly set forth in the installment
sales contract, chattel mortgage, or
other instrument evidencing the pur-

79


§ 197.3

chase transaction, and a true copy of
such instrument is furnished to the
purchaser before or at the time of the
execution thereof.

Provided, however, That paragraphs
(bo) (1), (2), (3), (4), (5), and (6) of this
section need not be. stated in the se-
quence or order above set forth, and
that additional items may be included
which serve to explain the calculations
invoived in determining the stated
time balance to be paid by the pur-
chaser: And provided further, That
when all the said required information
is clearly set forth in an installment
sales contract, chattel mortgage, or
other instrument evidencing the pur-
chase transaction, and a true copy of
such instrument is furnished to the
purchaser before or at the time of his
execution thereof, no additional item-
ization need be furnished to the pur-
chaser.

(c) In connection with the install-
ment saie of motor vehicles, it is an
unfair trade practice for any financing
institution to aid or abet a seller in ef-
fecting concealment or nondisclosure
to the purchaser of the information
required to be furnished to the pur-
chaser under the provisions of para-
graph (a) of this section.

$197.3 Installment sales contract contain-
ing blank spaces to be filled in after its
execution.

In the execution of an installment
saies contract, it is an unfair trade
practice for the seller to utilize the
device of having the purchaser sign a
contract or receipt in blank, to be
filled in subsequently by the selier or
financing institution with the purpose
or effect of deceiving the purchaser.

NOTE: Nothing in this section shall be con-
strued as prohibiting unfilled blanks for in-
sertion of identifying serial numbers and
identifying marks when knowiedge concern-
ing such numbers or marks is not available
to the dealer at the time of the execution of
the contract: Provided, That there is a clear
and sufficlent description of the motor vehi-
cle which shall be fully adequate to identify
it readily: And provided further, That such
identifying numbers and identifying marks
are subsequently inserted in the contract
upon the delivery of the motor vehicle.

80

Title 16—Commercial Practices

$197.4 False, misleading, or deceptive use
of rate charts in connection with the
installment sale and financing of
motor vehicles.

It is an unfair trade practice for any
seller or financing institution, either
individually or in agreement, combina-
tion, conspiracy or collusion with each
other, through the misuse of a rate or
rate charts, or any other device or in
any other manner, to make a false,
misleading, or deceptive representa-
tion to the purchaser of a motor vehi-
cle as to the finance charge required
by a financing institution to finance
the amount of the unpaid baiance of
the contract.

§197.5 Requiring the placing of insurance
by the seller or financing institution as
a condition to the sale or financing of
8 motor vehicle.

It is an unfair trade practice for any
seller or financing institution, either
individually or in agreement or collu-
sion with each other, to condition the
installment saie or financing of a
motor vehicle on the purchase of an
insurance policy from a particular in-
surance company when equlvaient or
better coverage by another insurance
company is avallable and the purchas-
er desires to purchase the policy of
such other company, where the effect
of such conditioning may be to sub-
stantially lessen, stifle, or suppress
competition. This section shall not
prevent the exercise by the financing
institution of the right to approve or
disapprove for good cause the insur-
ance company selected to underwrite
the insurance.

PART 205—UPHOLSTERY AND
DRAPERY FABRICS INDUSTRY

Grovr 1

Sec.

205.1 Misrepresentation (general).

205.2 Misbranding.

205.3 False invoicing.

205.4 Deception as to origin.

205.5 Identification and disclosure of fiber
or material content.

205.6 Disclosure of presence of used fiber
or material.

205.7 Substitution of products.

205.8 Inducing breach of contract.

205.9 Commercial bribery.