|Now that Craigslist is charging dealers for their advertising, some dealers are trying to use the ‘For Sale by Owner’ area, advertising as if they are the private owner of the vehicle, and not including their dealership name in the ads as required by both NC and SC statutes.
Failing to include the dealership name in advertising can result in fines in NC from DMV, and in SC from the Department of Consumer Affairs, DCA. In addition, such practices could be considered violations of the NC and SC Unfair and Deceptive Trade Practices Acts, as it could be considered deceptive to create the false impression that you are a consumer and not a licensed dealer. This can result in civil lawsuits with potential awards of treble damages and the plaintiff’s attorney’s fees, and of course the dealer’s attorney’s fees.
Monty King of the Oregon Vehicle Dealer’s Association brought this issue to our attention. The OVDA has seen several dealers levied heavy fines for violations of the comparable laws in Oregon.