Business ProfileforKiller Motor Sports

On January 12, 2017, BBB Serving North Central Texas requested that the business substantiate, modify, or discontinue its continuous sales that do not appear to have an end point, list price comparisons, as well as comparisons with the company’s own former selling price.

The BBB Code of Advertising states that, “’List price,’ ‘manufacturer's list price,’ ‘reference price,’ ‘suggested retail price,’ and similar terms, hereinafter collectively referred to as ‘list price,’ may be used deceptively to state or imply a savings which was not, in fact, the case. To the extent that a list price does not in fact correspond to the price at which substantial sales of the product in question have been made, the advertisement of a reduction may mislead the consumer. Such a comparison must be substantiated by the advertiser prior to making any advertised comparison.”

The BBB Code of Advertising also states that, “The unqualified term ‘sale’ may be used in advertising only if there is a significant reduction from the advertiser's usual and customary price of the products or services offered and the sale is for a limited period of time. If the sale exceeds thirty (30) days, advertisers should be prepared to substantiate that the offering is indeed a valid price reduction and has not become their regular price. Time limit sales must be observed. If the advertiser, in good faith, decides at the end of the sale period to convert its sale price to a new regular price, it may do so if it no longer claims any savings. The advertiser, in good faith, may decide to extend a time limit or introductory sale for a stated period. However, if that extension is for more than a short period of time, the advertiser must be prepared to substantiate that the offering is still a valid price reduction and has not become its regular price.”

Lastly, the BBB Code of Advertising states: “The former price must be the actual price at which the advertiser has openly and actively offered the product or service for sale, for a reasonably substantial period of time, in the recent, regular course of business, honestly and in good faith. Where the former price is genuine, the bargain being advertised is a true one.  If, on the other hand, the former price being advertised is not bona fide, the bargain being advertised is a false one. For example, where an artificial, inflated price was established for the purpose of enabling the subsequent offer of a large reduction, the consumer is not receiving the usual value expected.  In such a case, the “reduced” price is, in reality, probably just the seller's regular price. Offering prices, as distinguished from actual former selling prices, may be used to deceptively imply a savings. In the event few or no sales were made at the advertised comparative price, the advertiser must make sure that the higher price does not exceed the advertiser's usual and customary retail markup for similar products or services.”

While the business initially responded to our request for advertising substantiation, as of April 13, 2023, the business has failed to substantiate, modify, or discontinued the advertised claims. 

On January 12, 2017, BBB Serving North Central Texas requested that the business substantiate, modify, or discontinue its continuous sales that do not appear to have an end point, list price comparisons, as well as comparisons with the company's own former selling price.

The BBB Code of Advertising states that, "'List price,' 'manufacturer's list price,' 'reference price,' 'suggested retail price,' and similar terms, hereinafter collectively referred to as 'list price,' may be used deceptively to state or imply a savings which was not, in fact, the case. To the extent that a list price does not in fact correspond to the price at which substantial sales of the product in question have been made, the advertisement of a reduction may mislead the consumer. Such a comparison must be substantiated by the advertiser prior to making any advertised comparison."

The BBB Code of Advertising also states that, "The unqualified term 'sale' may be used in advertising only if there is a significant reduction from the advertiser's usual and customary price of the products or services offered and the sale is for a limited period of time. If the sale exceeds thirty (30) days, advertisers should be prepared to substantiate that the offering is indeed a valid price reduction and has not become their regular price. Time limit sales must be observed. If the advertiser, in good faith, decides at the end of the sale period to convert its sale price to a new regular price, it may do so if it no longer claims any savings. The advertiser, in good faith, may decide to extend a time limit or introductory sale for a stated period. However, if that extension is for more than a short period of time, the advertiser must be prepared to substantiate that the offering is still a valid price reduction and has not become its regular price."

Lastly, the BBB Code of Advertising states: "The former price must be the actual price at which the advertiser has openly and actively offered the product or service for sale, for a reasonably substantial period of time, in the recent, regular course of business, honestly and in good faith. Where the former price is genuine, the bargain being advertised is a true one. If, on the other hand, the former price being advertised is not bona fide, the bargain being advertised is a false one. For example, where an artificial, inflated price was established for the purpose of enabling the subsequent offer of a large reduction, the consumer is not receiving the usual value expected. In such a case, the "reduced" price is, in reality, probably just the seller's regular price. Offering prices, as distinguished from actual former selling prices, may be used to deceptively imply a savings. In the event few or no sales were made at the advertised comparative price, the advertiser must make sure that the higher price does not exceed the advertiser's usual and customary retail markup for similar products or services."

While the business initially responded to our request for advertising substantiation, as of March 22, 2018, the business has failed to substantiate, modify, or discontinued the advertised claims.