NEWARK, N.J. -

Six-figure financial penalties from regulators against dealerships are becoming more frequent.

About the same time a trio of franchised stores reached a settlement with New York’s attorney general, a pair of franchised operations entered into a final consent judgment with the top law enforcement official in New Jersey.

Acting New Jersey attorney general John Hoffman said terms of the final consent judgment concluded a lawsuit filed in state superior court in Passaic County against Bergen Auto Enterprises, which does business as Wayne Mazda and Wayne Auto Mall Hyundai

Bergen Auto Enterprises agreed to pay $135,000 to settle claims that the dealerships engaged in “unconscionable” commercial practices and “deceptive” advertising practices in their advertisement and sale of new and used vehicles.

The Office of the Attorney General and Division of Consumer Affairs filed suit last August, alleging in its five-count complaint that Bergen Auto Enterprises had violated the Consumer Fraud Act and Motor Vehicle Advertising Regulations, among other things, by engaging in “bait and switch” tactics by featuring motor vehicles in advertisements that were not actually available for purchase or lease.

Officials added the dealerships also allegedly failed to disclose to customers that some used motor vehicles had previously been used as rental vehicles and/or had sustained significant prior damage.

The terms of the final consent judgment requires Bergen Auto Enterprises to complete six other actions, including:

— Undertake a search using a vehicle history service, to discern the prior use (i.e., rental) of a used vehicle advertised and/or offered for sale and to determine whether the used vehicle has been in an accident or otherwise sustained damage. Such information must be disclosed to consumers prior to the purchase of the used vehicle.

— In all advertisements of used vehicles, clearly and conspicuously disclose the prior use of the used vehicle, unless previously and exclusively owned or leased by individuals for their personal use; and further to clearly and conspicuously disclose whether a used vehicle had been previously damaged and that substantial repair or body work has been performed on it.

— Include in all advertisements the statement that “price(s) include(s) all costs to be paid by consumer, except for licensing costs, registration fees, and taxes.”

— In all advertisements, clearly and conspicuously disclose, next to a purported unconditional offer, all disclaimers, qualifiers or limitations that in fact limit, condition, or negate such offer.

— In all advertisements, clearly and conspicuously disclose the applicable time period of any special offer, unless such offer is a manufacturer’s program.

— Refrain from advertising a motor vehicle for sale or lease without possessing title to the vehicle.

As part of the settlement, Bergen Auto Enterprises must pay $135,000, which is comprised of a civil penalty of $109,595.45 and $25,404.54 for reimbursement of the state’s attorneys’ fees and costs. The settlement also includes a $50,000 suspended civil penalty, which will be vacated after one year if Bergen Auto Enterprises does not violate the terms of the final consent judgment.

“Purchasing a new or used motor vehicle can be a very intimidating process for consumers,” Hoffman said. “This settlement ensures that Bergen Auto Enterprises will make all appropriate disclosures in advertisements and otherwise.”

Wayne Mazda and Wayne Auto Mall Hyundai are located on Route 23 in Wayne, N.J.

“The Division of Consumer Affairs will take action whenever allegations of deceptive practices by auto dealerships are made,” said Steve Lee, acting director of the State Division of Consumer Affairs. “New Jersey’s consumers deserve honesty and full disclosure when dealing with these dealerships.”