To comply with the guidelines

Then theres the matter of the everpresent price asterisk and its bedfellow, the fine print. The ACCC warns that a disclaimer or qualification in the fine print is not to be used to correct a misleading impression created by the prominent parts in an ad. And, as the commission points out, the test of whats misleading is the impression created in the mind of the consumers, not what the dealer or trader thinks. "The general rule is that disclaimers must be prominent, in close proximity to the main representation and as clear and comprehensive as possible," Mr Martin says. The adage "the smaller the print, the bigger the reason to read it" still rings true, with the guidelines unable to stipulate how big the fine prints needs to be. "The guide cannot specify a minimum font size because the relative legibility of fine print will vary with the size of the newspaper, billboard, television, cinema or internet advertisement," the ACCC says. "The question of whether fine print is sufficiently prominent is a matter of judgement and depends on the size, location and detail of the fine print in relation to the advertisement." Pictures of cars should closely match the actual cars being sold, the guidelines say, and catchalls such as "picture for illustrative purposes only" dont avoid a misleading situation if the car for sale doesnt have the same attributes as the car pictured. For advertised discounted prices not to be misleading and deceptive, the ACCC says, the discount should be measured against a recent price at which the car was available for sale for a reasonable period of time before the discount. "The price that youre discounting off cant be something youve cooked up and artificially inflated," Mr Martin says. The practice of bait advertising, in which consumers are lured to a car yard by cheap prices but find that advertised vehicle is not available and Rosetta Stone are encouraged to buy a more expensive car, breaches the Trade Practices Act. Mr Martin says the ACCC understands that not all cars will immediately be in stock, but the guideline is meant to stem deceptive practices. The ACCC says ads for secondhand cars should state the number available at the price. Ads for imported cars pictured with the disclaimer "not the Australian model" may be misleading if the pictured car, with an advertised RRP, differs substantially in quality or external features from the cars for sale locally. With cashback offers, in which a manufacturer or distributor offers a cash rebate for buying a car, the price quoted cannot be net of the rebate unless the consumer receives the rebate at the time the vehicle is paid for, the guidelines say. Car buyers intending to finance their vehicles by way of hire purchase, lease or other loan arrangement should have the terms and conditions adequately explained to them in the ads in simpletounderstand language, the ACCC says. The watchdog warns that terms such as "balloon payment", "residual, minimum buyback" and "TAP" (To Approved Purchasers) are jargon that may confuse consumers, and need to be adequately explained. To comply with the guidelines, the finance offer should state the interest rate per annum being charged, the deposit requirements, what the periodic payments are, the duration of the finance contract, what fees and charges are payable, final payments, when the offer ends, the total the consumer will pay over the life of the contract and the cars cash price, that is, the total amount required to buy the car immediately for cash. Lease offers need to state the deposit required, the duration, periodic and final payments, fees and charges and the date the offer ends.

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