Business ProfileforNissan of St. Charles

The BBB and the Chicago Automobile Trade Association have established an advertising review program to promote truth and accuracy in advertising practices in the spirit of self-regulation, and to ensure all automobile dealers, both new and used, are compliant with the Illinois Motor Vehicle Advertising Regulations found here: http://www.illinoisattorneygeneral.gov/consumers/vehicle_advertis.html

The BBB conducted 5 advertising reviews for Nissan of St Charles between September 2018 through November 2018. Due to the amount of advertising reviews and repeated violations, the BBB has found that the business is not in compliance with BBB Code of Business Practices, specifically standard #2 – Advertise Honestly and BBB Code of Advertising Section #1 – Basic Principles of the Code.

1st Ad Review

On 9/5/18, the BBB sent a letter to Nissan of St Charles regarding a radio advertisement that aired on local radio B96 on 8/30/18 that stated, “Plus we’ll pay off your trade no matter what you owe! Even if you owe more than the car is worth!” This was a violation of Section 2 of the Illinois Consumer Fraud and Deceptive Business Practices Act.

The radio advertisement also stated, “Any equity deficit in current vehicle must be refinanced with newer vehicle, 100% may require a down payment, no payments on select models, in lieu of manufacturer rebates and incentives, on approved credit.” This was a violation of Sections 475.110 and 475.210 f the Illinois Motor Vehicle Advertising Regulations.

On 9/6/18, Nissan of St Charles provided a response to the ad challenge and informed the BBB that they are no longer running that specific ad and will adjust the statement and disclaimer on future advertisements.

2nd Ad Review

On 10/30/18, the BBB sent a letter to Nissan of St Charles regarding 2 Facebook posts made on 10/23/18 and 10/29/18.

The Facebook post on 10/23/18 contained a video and caption that stated, “$5000, Push it, Pull it, Tow it…We have clients taking advantage of $5000 for trade ins on their new vehicles.” This was a violation of Section 475.540 of the Illinois Motor Vehicle Advertising Regulations.

The Facebook post on 10/29/18 contained a video and caption that stated, “Come in and buy a car while in a costume and we will make your first 3 payments…” This was a violation of Section 475.590 of the Illinois Motor Vehicle Advertising Regulations.

This matter was referred to the Illinois Attorney General on 10/30/18.

On 10/31/18, business responded to letter informing the BBB that the Facebook posts have been removed.

3rd Ad Review

On 11/13/18, the BBB sent a letter to Nissan of St Charles regarding 7 Facebook videos that were in violation of the Illinois Motor Vehicle Advertising Regulations and the Illinois Consumer Fraud and Deceptive Business Practices Act. The BBB requested for modifications of statements made on these videos.

Video #1, posted on 11/5/18, stated, “We are giving away tons of stuff, TVs, lawnmower, snowblowers. We are giving away everything. You buy a car, you get all your Christmas shopping done at once through here.” This was in violation of Section 475.590 of the Illinois Motor Vehicle Advertising Regulations.

The same video stated, “Certified Used Car Prices” which offered a 2016 Nissan Versa at $6,995 that was previously priced at $10,995. It also offered a 2018 Nissan Sentra at $12,888 that was previously priced at $18,995. This was in violation of Section 475.360(d) of the Illinois Motor Vehicle Advertising Regulations.

In addition, the video also stated, “We will beat any Nissan dealer in the state.” This was in violation of Section 475.350 of the Illinois Motor Vehicle Advertising Regulations.

Video #2, posted on 11/1/18, stated, “We will pay off your loan no matter what you owe.” This was in violation of Section 2 of the Illinois Consumer Fraud and Deceptive Business Practices Act.

Video #3, posted on 10/27/18, stated, “We will pay off your trade.” This was in violation of Section 2 of the Illinois Consumer Fraud and Deceptive Business Practices Act.

Video #4, posted on 10/19/18, stated, “We’re crazy, we got a huge sale going on right now.” This was in violation of Section 475.360(d) of the Illinois Motor Vehicle Advertising Regulations.

Video #5, posted on 9/27/18, stated, “Push it, pull it, tow it, it doesn’t matter, we will give you $3,000 guaranteed.” This was in violation of Section 475.540 of the Illinois Motor Vehicle Advertising Regulations.

Video #6, posted on 9/25/18, stated, “Up to $10,000 off.” This was in violation of Section 475.390 of the Illinois Motor Vehicle Advertising Regulations.

The video also stated, “We are giving away prizes, such as Iwatches, speakers, gas grills, lawnmowers, snowblowers…every customer who buys a car gets a gift.” This was in violation of Section 475.590 of the Illinois Motor Vehicle Advertising Regulations.

The video also stated, “We will get you into same payment, a little less.” This was in violation of Section 2 of the Illinois Consumer Fraud and Deceptive Business Practices Act as it lacks a negative equity disclosure.

The video also stated, “$3000 guaranteed on every trade.” This was in violation of Section 475.540 of the Illinois Motor Vehicle Advertising Regulations.

Video #7, stated, “We are paying off trades”, which violates Section 2 of the Illinois Consumer Fraud and Deceptive Business Practices Act.

The video also stated, “We are giving every customer $500 who buys a car today to put down towards their car.” This was in violation of Sections 475.590 and 475.530 of the Illinois Motor Vehicle Advertising Regulations.

The Better Business Bureau called Nissan of St Charles on 11/13/18 to discuss the gift program. During this call the Better Business Bureau found out that the gift program only applied on Black Friday, 11/23/18, and that a consumer must purchase a new car to receive a gift. The consumer would be allowed to choose their own gift from the items provided. This was in violation of Section 475.590 of the Illinois Motor Vehicle Advertising Regulations.

This matter was referred to the Illinois Attorney General on 11/13/18.

Business provided response on 11/16/18 to every video and assured the BBB that they will refrain from using some of the verbiage found in the videos and modify verbiages where needed.

4th Ad Review

The Better Business Bureau sent a letter to Nissan of St Charles on 11/29/18 regarding the results of 2 secret shoppers that visited the dealership on Black Friday, 11/23/18. Both shoppers test drove a car and was told that they can spin the prize wheel to get their free gift after they purchase a car. This was in violation of Section 475.590 of the Illinois Motor Vehicle Advertising Regulations.

This matter was referred to the Illinois Attorney General on 11/29/18.

The business provided a response to the letter on 11/30/18. However, the BBB found that the response was insufficient as it did not address the concerns brought to their attention.

5th Ad Review

The Better Business Bureau sent a letter to Nissan of St Charles on 11/30/18 regarding the result of a secret shopper that visited the dealership on 11/29/18. During the visit, the shopper test drove a car and was also denied a spin on the prize wheel as the shopper did not purchase a car. This was in violation of Section 475.590 of the Illinois Motor Vehicle Advertising Regulations.

This matter was referred to the Illinois Attorney General on 11/30/18.

The business did not provide a response to the letter.