Car dealer gave false mileage in ads for used BMW

The Competition and Consumer Protection Commission has taken enforcement action against a central Dublin motor dealer for advertising a false mileage on a used BMW 3 series car.

Edward McCarthy – trading as Phoenix Motors at Conyngham Road, Parkgate Street – was found to have advertised false mileage on the blue 11-D car on the carzone.ie and carsireland.ie websites and on the website of his own business, phoenixmotorsales.com.

Although the mileage on the car in question was approximately 117,000 miles, online adverts placed in May and June pointed to a mileage level which was “substantially less” than the actual level.

Sandra Eaton, an authorised officer of the commission, directed Mr McCarthy to remedy the matter by ensuring that any advertisements “do not provide false information in relation to the motor vehicle’s usage or prior history”.

In a compliance notice published on Monday, Ms Eaton said the mileage listed on the Phoenix Motors and carsireland.ie websites was 97,000 miles and that the mileage cited on the carzone.ie website was 107,000 miles.

This is first such compliance notice to be issued by the commission in a false advertising case. According to the commission, the false advertisements contravened the Consumer Protection Act of 2007.

Prior history

Ms Eaton said the mileage of a motor vehicle is one of its main characteristics which provides information as to its usage and prior history. “This information is therefore material information that a consumer needs when deciding whether or not to purchase the vehicle,” she said. “I believe that the provision of false information in relation to the mileage of the said motor vehicle was likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.”

Mr McCarthy was not available for comment.