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REFERENCE TITLE: motor vehicle dealer; advertising; restriction |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1230 |
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Introduced by Senator Fernandez
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AN ACT
AMENDING section 28-4415, Arizona Revised Statutes; relating to motor vehicle advertisements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-4415, Arizona Revised Statutes, is amended to read:
28-4415. Advertising; prohibited practices; definition
A. A broker shall not advertise or offer for sale or exchange any specific motor vehicle.
B. A motor vehicle dealer shall not advertise or offer for sale or exchange any specific motor vehicle unless one of the following applies:
1. The motor vehicle is for sale and located at the motor vehicle dealer's established place of business.
2. The motor vehicle dealer discloses in the advertisement the specific street address and business hours where the motor vehicle may be inspected by a retail consumer.
3. The motor vehicle is available to the motor vehicle dealer directly from the manufacturer or distributor of the motor vehicle at the time of the advertisement or offer.
C. A broker or motor vehicle dealer may advertise the broker's or motor vehicle dealer's service of arranging or assisting in effecting the purchase of a new motor vehicle from a new motor vehicle dealer and specify the line makes and models of the new vehicles.
D. A broker may not advertise the price of or payment terms for any motor vehicle. A broker shall disclose that the advertiser is a broker and shall clearly and conspicuously state the following:
All motor vehicles arranged for sale are subject to price and availability from the selling motor vehicle dealer.
E. A motor vehicle dealer must comply with the following requirements in any advertisement that contains the price for a motor vehicle:
1. The advertised price must be the total purchase price for which the dealer will sell the motor vehicle to any retail consumer for cash, excluding taxes and title and registration fees. The total purchase price must include all dealer-imposed fees, including freight, transportation, inspection and documentation fees.
2. The advertised price may not be contingent on:
(a) The retail consumer financing the purchase through the motor vehicle dealer or any specific lending INSTITUTION.
(b) The retail consumer purchasing any ancillary products, service contracts, warranties or accessory packages, including window tint, nitrogen, theft protection or interior protection packages.
3. The advertised price must be the largest and most prominent text in the advertisement. all OTHER text, including payment amounts, down payment amounts or interest rates, may not be in a larger font size or more prominent than the total purchase price text.
4. If an advertisement includes a rebate or incentive, the rebate or incentive may be deducted from the advertised price only if the rebate or incentive is available to all retail consumers without condition. rebates or Incentives that are limited to SPECIFIC groups, INCLUDING military, student or loyalty discounts, may not be included in the advertised price but may be listed SEPARATELY.
f. For the purposes of this section, "advertisement" means a communication whose primary purpose is the commercial promotion of a motor vehicle, including communication on an internet website.