Advertising Compliance: Spanish-Language and Bilingual Ads Need to State Material Terms and Conditions in Target Customers’ Primary Languages

In December 2017, the Federal Trade Comission (“FTC”) announced a settlement and proposed consent order involving a Dallas Texas auto dealership relating to allegations that the dealership deceptively advertised loan and leasing terms, including in ads directed to Spanish-language audiences. Among the alleged violations, the FTC asserted that the dealership promoted favorable financing terms in Spanish in a Spanish-language ad, but material limitations to those terms were provided only in fine-print English at the bottom of the ads. The FTC Press Release can be found here.

This FTC Consent Order and settlement is another reminder that retail dealers need to carefully review all advertising to ensure that it complies with federal and state advertising regulations, including reviewing advertisements that are re-purposed to other media, digital platforms, and target audiences.