The Statute: § 501.976(16)
Florida Statute § 501.976(16) makes it an unfair or deceptive act for a motor vehicle dealer to charge a consumer a price that is higher than the advertised price for a vehicle. The statute is direct and unambiguous: if a dealer advertises a vehicle at a specific price and then charges more at the point of sale, the dealer has violated Florida law.
The violation does not require proof that the dealer intended to deceive. It does not require proof that the consumer was harmed in some abstract sense. The overcharge itself is the violation. A consumer who paid more than the advertised price has a claim under § 501.976(16) and FDUTPA, and is entitled to recover actual damages, attorney's fees, and costs.
What Counts as an 'Advertisement'
Florida courts and the Department of Highway Safety and Motor Vehicles have interpreted 'advertisement' broadly. A price listed on the dealer's website is an advertisement. A price listed in a newspaper, television commercial, or radio spot is an advertisement. A price quoted in an email or text message to a specific consumer is an advertisement. A price shown on the vehicle's window sticker (the Monroney label) is an advertisement.
The key question is whether the dealer communicated a specific price to the consumer — or to the public — before the sale. If the dealer did, and then charged more at closing, the statute applies. Screenshots of the dealer's website, printouts of online listings, and copies of any written price quotes are all important evidence in these cases.
The Dealer Fee Problem
The most common way dealers charge more than the advertised price is through fees added at the point of sale that were not disclosed in the advertisement. Florida law permits dealers to charge a documentary stamp tax, a title fee, and a dealer fee — but the dealer fee must be disclosed in the advertisement if the dealer intends to charge it. A dealer who advertises a vehicle at $25,000 and then adds a $999 'dealer fee' that was not disclosed in the advertisement has violated § 501.976(16).
Other common add-ons that create overcharge claims include: nitrogen tire inflation fees, paint protection fees, fabric protection fees, window tinting fees, and GPS tracking fees. If these products or services were not disclosed in the advertisement and were not separately agreed to by the consumer, charging for them on top of the advertised price is a violation of Florida law.
What to Do If You Were Overcharged
The first step is to preserve the evidence. Screenshot or print the advertisement that showed the price you expected to pay. Gather your buyer's order, retail installment contract, and any other documents you signed at the dealership. Compare the price you were charged to the advertised price and identify the specific line items that account for the difference.
The second step is to consult an attorney promptly. Florida's FDUTPA has a four-year statute of limitations, but evidence — particularly online advertisements — can disappear quickly. An attorney can send a preservation letter to the dealer and, if necessary, obtain the dealer's advertising records through discovery. The fee-shifting provision of FDUTPA means that a consumer with a legitimate overcharge claim can pursue it without paying attorney's fees out of pocket.
What Documents Should I Save?
- Screenshot or printout of the dealer's advertisement showing the advertised price
- Buyer's order showing the price you were actually charged
- Retail installment contract
- Any written price quotes from the dealer (email, text, or printed quote)
- Window sticker (Monroney label) if you have it
- Any addenda listing products or services added to the contract