Kim Santos
Updated: Nov 2018
TOYOTA DISTRESSED AND SPECIAL PRICING LANGUAGE
The following terms and phrases—or any terms or phrases with similar meanings—are considered distressed language or suggest a dealer has received special inventory/allocations, pricing, or exclusive benefit from TMS or the Region/PD and violate the TDMC:
Guaranteed lowest price | Meet (in reference to pricing) | Liquidation | No credit rejected | Acronyms W.A.C. and O.A.C. must be spelled out | Overstocked | We finance everyone | Guaranteed credit approval | Bad credit, no problem | We won’t be undersold | Beat (in reference to pricing) | Garage sale | Price protection guarantee | With Approved Credit | On Approved Credit | blow out sale | Good credit, bad credit–all applications accepted | Inventory reduction | Authorized distribution center | Public notice | Factory allocation | special allocation | Factory challenged | Factory authorized | Special purchase | Warehouse price | warehouse store
All advertising and marketing must not deceive the consumer.
Dealers must avoid use of vague descriptions of their dealership’s size or volume sales, and all claims as to size or volume sales must be substantiated. Claims to be the “#1 Toyota Dealer” or “Largest Toyota Dealer” must:
Dealers must not imply favorable status or preferential standing at the expense of other Toyota dealers in the marketplace. For example, dealers may not use such claims in a way that would mislead consumers into believing that the dealer receives special inventory or pricing from TMS or a Private Distributor as a result of dealership size, inventory, or volume. (e.g.,“The Factory Loves Us Because We’re The #1 Toyota Dealer in California!” or “We’re The Largest Volume Toyota Dealer in California and We’re Passing the Savings onto YOU!”).
DECEPTIVE ADVERTISING/MARKETING
•All advertising and marketing must not deceive the consumer.
•Dealers shall not use the Toyota name or trademark in any variation such as “Toy”.
•Search Engine Marketing (Paid Search). This applies to all internet search engine ads placed by or on behalf of the dealer, and includes text, display, mobile, and video. Dealers must not deceptively use Toyota trademarks or other Toyota trademarked programs, processes, or models or any variations of them, or give the pretense of being another dealer in search engine marketing. This applies to all search engines, including those on third party and/or social websites (e.g., YouTube).
• Ad copy for paid search ad consists of the headline that is hyperlinked and the two lines of copy below the headline. The URL is considered the “Display URL.” This ad copy must comply with the TDMC.
•Dealers must use their approved dealer DBA name and approved dealer Domain Name in conjunction with all Pay-per-click advertising, such as Google Ad Words. This includes, without limitation, campaigns for vehicle sales, service, and parts sales. QR codes and/or Tags of any type must link to the dealer’s TMS-approved website or to www.toyota.com.
When creating the Model Research pages, if the Trim Widgets are on the page with Starting MSRPs listed, a disclaimer of all the charges and fees must be included. Below are the Global Disclaimer Widgets created and approved per Region.
For GST Region: <!--[%specialWidget?name=ToyotaMRPDisclaimerGST&site_id=77%]-->
For SET Region: <!--[%specialWidget?name=ToyotaMRPDisclaimerSET&site_id=77%]-->
For All Other Regions: <!--[%specialWidget?name=ToyotaMRPDisclaimer&site_id=77%]-->
Use these 3 widgets ONLY. Do not use any other disclaimer for these pages.
The Dealer Doc Fee amount is generally always listed under the Disclaimers button at the bottom of the SRP & VDP pages on the dealer's website.
If it is not there, reach out to the Toyota Compliance Manage to look it up for you. It is REQUIRED on all advertisements.
Fonts:
Helvetica
Toyota Brand Font (On AdPlanner)
Colors:
Red #d71921, White, and Black
State that it is a Lease.
Have the Year, Make, Model, Trim and Cab Style, if it is a Truck.
Have the monthly Lease payments amount.
List the total amount due at signing.
State the security deposit amount, and if it is included or not included.
Have "On approved credit" or similar statement.
State that whether applicable tax, tag, registration, title is included or not.
Include the actual amount of the Dealer doc fee and if it is included or not.
Must have an expiration date.
Lease Disclaimer Example:
Lease on new (YEAR | MAKE | MODEL | TRIM | CAB STYLE) for $xxx per month for xx months. $x,xxx due at signing. On approved credit. No security deposit required. (Excludes or Includes) tax, tag, registration, title and dealer doc fee of $xxx (included or Not included). Expires MM/DD/YR.
State the Actual APR percentage.
Have the Year, Make, Model, Trim and Cab Style, if it is a Truck.
Include “On approved credit” or a similar statement.
State the actual amount of the Dealer doc fee and it its Included or not.
Does it have the Expiration date of offer?
APR Disclaimer Example:
X.X% APR for XX months on new (YEAR | MAKE | MODEL | TRIM | CAB STYLE) . On Approved credit. Excludes tax, tag, registration, title and dealer fees. Dealer Doc Fee of $xxx (included or excluded). Offer expires MM/DD/YR.
1.1 GUIDELINES ON MINIMUM ALLOWABLE ADVERTISED PRICE (MAAP)
B. For retail vehicle advertising, all Toyota dealers must avoid advertising below the MAAP, which is defined as Dealer Invoice including Dealer Installed Options, less Consumer Facing Offers (e.g., Consumer Cash, Finance/Lease Cash) and/or nonperformance based Dealer Cash.
1. MAAP must include DPH and TDA and/or Marketing Administration fee.
2. MAAP cannot be reduced by Holdback, Finance Reserve, DAP, or MCB.
3. MAAP, or any advertised price, cannot be reduced, or imply a reduction, by vehicle incentives not available to all consumers (e.g., College Grad, Military Rebate, AARP, Loyalty, Finance Savings and other similar programs).
4. If the dealer installs genuine Toyota (including approved Southeast Toyota and Gulf States Toyota) parts or accessories, the MAAP is increased by the amount the dealer paid for those genuine Toyota parts or accessories (excluding installation costs).
5. If the dealer installs non-genuine Toyota parts or accessories, the MAAP is increased by the amount the dealer paid for those parts or accessories (excluding installation costs). The installed DIO must be specified in the vehicle listing
6. TFS and/or SET Finance cash may be used in establishing the MAAP price, but the ad must specifically show how the application of finance cash results in a net reduction of the price, using a before and after structure.
7. Dealers may display or provide below-MAAP pricing on the dealer website only after the guest provides Personally Identifiable Information (PII). PII is defined as the guest’s name, email and/or phone number. PII must have a valid structure e.g., xxx@xxx.xxx, (123) 123-1234. No third party sites can display below MAAP pricing, even after submission of PII.
a. If a dealer is going to utilize a “Click for ePrice”, or similar verbiage, button to gather PII from the guest, the PII box must transparently explain the use of the PII, i.e., to communicate directly with the guest, provide additional pricing details, etc. At the point of PII submission, the guest is considered to be reaffirming their desire to be contacted, and this one-to-one communication then falls outside of the Covenant.
1.2 ADVERTISED DISCOUNTS/SAVINGS CLAIMS
A. Dealers may not groundlessly inflate the advertised price of a vehicle in order to advertise an exaggerated discount. Dealers must comply with all laws regarding discounts and savings claims.
If DIO have been added to the vehicle leading to a higher advertised MSRP, the DIO must be included on the vehicle inventory page.
B. If advertising a discount, any inflation of the advertised price based on the installation of parts or accessories (“DIOs”) cannot exceed the retail and fair market value of the DIOs. Additionally, the maximum discount cannot result in below MAAP advertising. ACB does not provide prior approvals on any vehicles with DIO.
1. In the case of a genuine Toyota (including approved SET/GST) accessory DIO, the manufacturer’s suggested retail price shall be the fair market value. “Reasonable” labor (mark-up) specific to the installation of DIO accessories is allowed when adjusting upward the retail price
2. In the case of after-market accessories (non-genuine / non-PD approved), the maximum discount may not be larger than the vehicle margin (MSRP-Dealer Invoice). “Reasonable” labor (mark-up) specific to the installation of DIO accessories is allowed when adjusting upward the retail price. The Dealer will need supporting documentation to justify the amount of labor in the event of a reported TDMC violation.
C. When using the terms “off MSRP”, “up to”, “toward your down payment”, or similar type claims to advertise a discount, the ad must include the model(s) and starting price the discount applies to, e.g., ‘up to $3,000 of Land Cruiser MSRP’. The advertised discount cannot result in below MAAP advertising.
Pricing Team - Toyota Special Rules:
* Inflated MSRPs must have DIO Disclaimer & DIOs must be listed out in Vehicle description and clearly marked as DIOs (Example: Dealer Installed Options include: Window Tint & Lift Kit).
* If MSRP on site is not True MSRP, it CANNOT have a strike through
* New & Used Vehicles must be clearly marked and separated
* DEMO vehicles must be clearly marked as DEMO
* Cannot advertise below MAAP
* All vehicles must have the correct year, model, trim, transmission, equipment, cab style, and 2WD/4WD IF APPLICABLE.
* All VDPs & SRPs should have a disclaimer listing out the general taxes, fees, dealer doc fee, etc a customer is to pay