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Dealer Markup of Interest Rates is an Unfair and Deceptive Practice

The Federal Trade Commission (FTC) Act makes unfair and deceptive acts and practices (UDAP) unlawful and empowers and directs the FTC to prevent such acts and practices through rule-making and enforcement. The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") provided clear FTC jurisdiction over most auto dealers, particularly when entering into finance transactions with consumers, while freeing the...

Comments to the FTC on Motor Vehicle Roundtables

The Center for Responsible Lending, Consumer Federation of America, Consumers for Auto Reliability and Safety, the National Association of Consumer Advocates, the National Consumer Law Center, and on behalf of its low-income clients the National Council of La Raza have filed the following comments to the FTC in regards to the current state of auto lending and the recent motor...

Amicus Brief in De la Cruz v. Wachovia Dealer Services

This case involves borrowers who purchased a vehicle through a dealership in California. The financial institution in question, Wachovia, did not make the loans, but later purchased the installment contracts from the dealer. When the borrower fell behind on their payments, Wachovia repossessed the cars without properly following California law. California allows self-help repossession, but has strict rules regarding consumers'...

Under the Hood: Auto Loan Interest Rate Hikes Inflate Consumer Costs and Loan Losses

Rate Markups Cost Americans $25.8 Billion Over the Lives of Their Loans Download the Full Report (PDF) >> Download the Executive Summary (PDF) >> Rate Markup Volume Per State (Web Page) >> Costly Service The average dealer rate markup is $714 per loan. Learn what that may mean to a consumer's pocketbook. Cars are the most common nonfinancial assets held...

Auto Dealers Should Play By The Same Rules As Everyone Else

The auto dealer lobby successfully fought to receive a special exemption in the House from the rules of the Consumer Financial Protection Bureau (CFPB) in the financial reform bill even when the dealers act as creditors and brokers on car loans. But fair, honest and ethical competition requires a level playing field, as well as a fair and consistent system...

Top Priorities for Real Financial Reform

Reconciling H.R 4173 and S. 3217 During recent years, regulators stood by and allowed the most costly reckless lending in history, largely because they were heavily influenced by the very businesses they were supposed to oversee. Lax regulation has already cost trillions of dollars. For the final financial reform bill, these four issues will be vital in protecting taxpayers from...

All Auto Financing Should be Covered by the Consumer Watchdog

The current financial system has left America's families, its military, its community banks, and its responsible auto dealers unprotected from the minority of dealer-lenders who sell unfair auto loans with hidden fees. Such practices can tarnish the reputation of the entire industry. Exempting irresponsible dealers would help Wall Street at the expense of America's families and honest dealers and lenders...
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