Category Archives: Car Dealers’ Politics

Buy a car – surrender your rights?

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One more reason not to buy a car from a car dealer:  when you do, they force you to give up your right to sue them if they cheat you.  So say good-bye to being able to take advantage of consumer protection laws.

Think a dealer wouldn’t dare roll back the odometer? Think again. They just slip a clause in your contract that says you can’t sue. Then when you find out your low-mileage car actually has over 100,000 extra miles that “disappeared” from the odometer — good luck trying to sue them under the Federal Odometer Act.

Car dealers used to face tough sanctions, including punitive damages, for ripping off consumers. But with rare exceptions, those days are gone.  That’s because car dealers insert “arbitration” clauses into their contracts. Then, after you’ve been shopping, test-driving cars, and negotiating for an average of 4 hours, they shove a stack of documents across a desk and tell you to “sign here, here and here.”

What they don’t tell you is that when you sign, you are giving up your rights under state and federal consumer protection laws. So forget hauling them before a judge or jury, who can throw the book at them. Instead, if you get any hearing at all, it’s before an “arbitrator” whose company just happens to be paid by — you guessed it — the dealer.

Under rulings by the Republican majority on the U.S. Supreme Court, this is perfectly legal.

Ironically, the dealers got a special exemption from Congress that allows them to sue anyone they please. They’re free to use the courts. But you can’t.

Evidence is mounting about how biased and unfair arbitration is. Check out this new report, issued by the Consumer Financial Protection Bureau. No wonder car dealers HATE this consumer watchdog agency. It shows how rigged the game is, when you buy a car from a dealer:

Consumer Financial Protection Bureau report

Don’t end up like Jon Perz, who has been waiting over 7 years for justice, after a car dealer in San Diego sold him an unsafe car.

YouTube Video of used car nightmare — over 1.3 million views

Be a smart shopper. Check out CARS’ car-buying tips for how to get a safe, reliable used car — without having the hassle or risk of buying from a dealer:

CARS Used Car Buying Tips

Happy, safe car shopping!

 

 

 

 

 

 

 

 

Used car buyers have friends in the White House in auto safety battle

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America’s used car buyers and our nation’s roads will be a lot safer if the Obama Administration wins the battle against shady car dealers who sell unsafe, recalled cars to used car buyers.

U.S. Secretary of Transportation Anthony Foxx and the Administrator of the National Highway Traffic Safety Administration, Dr. Mark Rosekind, are urging Congress to make it illegal for car dealers to sell unsafe, recalled used cars to consumers.

They joined the President of Consumers for Auto Reliability and Safety at a press conference in Richmond, VA, along with representatives of Hertz, Enterprise, and Avis, and the American Car Rental Association, who have been working together with CARS to enact federal rental car safety legislation. Auto manufacturers (except GM) and car dealers are blocking the rental car safety bill, and lobbying Congress to weaken protections for America’s car buyers.

It is historic for a President and his safety team to call for people who rent cars, or purchase used cars, to have the same level of protection as new car buyers. Under federal law, it is illegal for car dealers to sell recalled cars with lethal safety defects to NEW car buyers. That has been the law since the 1960’s. But there is no similar federal law to protect people who rent cars or purchase used cars.

“What we need now is for Congress to step up, and to make renting or selling a recalled vehicle [to a consumer] illegal,” said Secretary Foxx.

Read more: US DOT safety recall news

Are car dealers providing unsafe loaner cars to owners of recalled cars?

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U.S. Senators, like Sen. Bill Nelson of Florida, have been urging Honda and Toyota and their dealers to provide loaner cars to customers with faulty Takata air bags, while they wait for repair parts to become available. Sounds like a good idea, right?

But — new car dealers have been vehemently opposing attempts to stop them from loaning out cars that have the exact same safety defects, or different defects, that have triggered a federal safety recall.

So — if you turn in your recalled Honda or Toyota at a Honda or Toyota dealership, and they hand you the keys to a loaner car, is it guaranteed to be any safer? NO!!!!

Here’s video of lobbyists for the new car dealers and CarMax opposing legislation in California that would have prohibited them from renting, selling or loaning unsafe, recalled used cars to consumers:

Car dealer lobbyists oppose safety bill in California

 

 

One more reason NOT to buy a car from a car dealer

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Even the auto dealers themselves have to admit:  many car buyers dread buying cars from auto dealers. Young people are especially wary.  And for good reason.

Car dealers keep selling unsafe, recalled used cars to consumers, putting them, their friends and family, and other motorists at risk of death or serious, debilitating injuries.

And as if that weren’t bad enough, they also insist that you surrender your Constitutional rights as part of the price of buying a car from them.

Good luck trying to buy a car from a dealer without a “gotcha” clause hidden in the contract that says you give up your Constitutional right to take them to court, and benefit from  our nation’s hard-won consumer protection laws. Like laws against rolling back odometers, selling “junk” cars that are advertised as being “in mint condition,” or engaging in other forms of cheating, lying, fraud, and thievery.

And get this:  the dealers got a special exemption from Congress — just for car dealers —  that allows them to keep THEIR Constitutional rights. So they can take anyone they want to court, and use the laws that benefit THEM. But they killed a bill that would have protected YOU from losing your rights when you sign on the dotted line to buy a car from them.

If you’re fed up with car dealers and their scams, check this out:

Cleveland Plain Dealer: Arbitration: What you don’t know about fine print can hurt you

And let your local car dealers know you’re not buying from them until they clean up their act, and you don’t have to surrender your rights to buy a car from them.

ABC 30 investigation finds dangerous recalled cars for sale on dealer lots

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“A record number of vehicles are getting recalled this year. Car makers have pulled about one of every five vehicles on the road, 58 million of them. But many of the potentially dangerous cars are hiding in plain sight on used car lots here in the [Central] Valley.

The truth is: they’re all over the place, and you may never know it until it’s too late.”

ABC 30 investigation finds dangerous recalled cars for sale on dealer lots

 

Auto dealers: sly gambit vs. Hillary Clinton

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According to Automotive News, when former Secretary of State Hillary Clinton addressed the National Automobile Dealers Association’s annual convention in New Orleans, she received several standing ovations.

So —  what did the car dealers association choose to feature on YouTube?

Not the ovations, but two moments during her speech when Clinton openly admitted she hadn’t driven a car since 1996, and spoke about her biggest regret — the tragic losses at Benghazi..

Disgraced former Republican House Speaker and current CNN commentator Newt Gingrich immediately seized on her remarks to try to embarrass West Virginia Senator Joe Manchin, who faces a tough fight for re-election this fall.

Newt Gingrich is closely allied with auto dealers, who give most of their millions in campaign cash to Republicans. See for yourself how he smirks over Hillary Clinton’s self-deprecating remarks:

Newt Gingrich seizes on Hillary Clinton’s remarks at national auto dealer conference

Car dealers select these moments in Hillary Clinton’s speech to post on YouTube

 

 

 

 

 

 

 

 

 

Attack against Tesla : HUTZPAH

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Automotive News publisher attacks Tesla over safety —
Ignores dealers who oppose having to perform safety recall repairs

“Musk Can Run, but he can’t hide,” writes Automotive News publisher Keith Crain, whose publication caters to auto dealers. Crain echoes the sentiments of auto dealers, who have mounted an aggressive campaign in an attempt to force Tesla to sell vehicles through dealership networks, where they can get a cut of the profits and subject Tesla customers to a wide variety of shady practices that further line the dealers’ pockets.

In his editorial, Crain questions whether Tesla has the ability to perform safety recalls on its cars — which so far have not even been subject to a safety recall.

He writes: “If and when, and it’s bound to be when in my opinion, his car is recalled — if not for the three Model S fires since October 1, it will be something else — he’s going to find it increasingly difficult to take care of all his customers in a timely manner. …I doubt that the National Highway Traffic Safety Administration will allow just anyone to repair a recalled Tesla or let the company ship parts to customers and tell them to install the replacements at their leisure.” (Automotive News: Musk car run, but he can’t hide,” by Keith Crain, Nov. 25, 2013.) Crain implies that Tesla, like other auto manufacturers, should depend on auto dealers to do the safety recall repairs.

What he conveniently fails to write is that auto dealers are aggressively opposing legislation in Washington DC and Sacramento that would require them to get unsafe, recalled rental cars or used cars fixed, before renting or selling them to consumers. A glaring fact that Automotive News has apparently forgotten.

As numerous national and local news organizations have reported, dealers have been caught time and time again selling unsafe, recalled vehicles to unsuspecting used car buyers without bothering to fix them first — even when the repairs are free.

Sample news report: Today Show finds recalled used cars for sale on dealer lots

Unless and until auto dealers show that they actually do place a priority on their customers’ safety, including sales or rentals of recalled cars, they don’t deserve to sell Teslas. They have shown over and over again that they simply can’t be trusted not to sell their customers unsafe cars, knowing full well that the safety recall repairs have not been performed.

Bottom line:  Elon Musk and Tesla are wise to avoid trusting dealers to ensure that recalled cars are safe.

Read more:

Auto dealers oppose rental car safety legislation in Washington, DC

Auto dealers oppose used car safety legislation in Sacramento, CA

Automotive News Editorial: “Musk can run, but he can’t hide”

 

 

 

 

 

Senator Elizabeth Warren: Close the Car Dealer Loophole

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Should auto dealers, who write tens of billions of dollars in auto lending contracts each year, evade regulation by the nation’s leading agency for policing consumer financing?

US Senator Elizabeth Warren recently made it clear that she thinks the answer is NO.  While questioning Richard Cordray, Director of the Consumer Financial Protection Bureau, who was testifying before the US Senate Banking Committee, Sen. Warren offered this opinion:

“As you know, the CFPB has authority over nearly every kind of consumer loan, but the big exception is car loans. The CFPB has done great work in this area [focusing on lenders, but not dealers]…But it makes no sense to me that there should be any exception here for consumers who are being tricked out of billions of dollars every year on car loans.”

Sen. Warren conceived of the idea of an independent consumer financial watchdog agency, and worked hard to make it a reality.  During the debate over whether to include auto dealers, they misled members of Congress and the public, repeatedly claiming they are “Main Street, not Wall Street.”

However, the reality is quite different. Hundreds of dealerships are owned by large, publicly traded dealership groups that are publicly traded and sold on Wall Street.  For example, AutoNation, based in Florida, owns 221 dealerships across the U.S. and took in over $15.6 billion last year.  AutoNation’s largest investor is Bill Gates.

Does anyone seriously believe that fits the description of “Main Street”?

Read more: Warren: Close CFPB’s dealer ‘loophole’

 

 

 

 

Car dealers block Tesla from competing in Texas

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Electric car manufacturer Tesla won raves from Consumer Reports. It snagged Car & Driver’s Car of the Year award. It earned top marks from the National Highway Traffic Safety Administration in crash test results. Plus — the company inspires loyalty among its customers bordering on fanaticism. So who could possibly want to block it from selling its cars?

Car dealers. In a remarkable culture clash, the new-age California-based company is being hammered by politically connected mega-dealers accustomed to padding their profits by engaging in a whole range of shady practices that harken back to horse-trading days.

In the latest skirmish, auto dealers succeeded in barring Tesla from being able to sell its popular cars in one of the nation’s largest car markets — the state of Texas.

One interesting analysis of Why Tesla lost the battle to car dealers in Texas

Car dealers: “no love for liberals”

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Keith Crain, publisher of Automotive News, the auto industry’s leading trade publication, knows the auto industry inside out. His response to auto dealers’ vitriolic reaction to Hillary Clinton’s being invited to address the National Automobile Dealers Association:

“If anyone doubted that Hillary Clinton is a polarizing figure, all he had to do was look at the brouhaha caused by the National Automobile Dealers Association’s selection of her as a keynote speaker at its convention next year in New Orleans…

The episode did demonstrate that the American new-vehicle dealer, who I’ve always felt is the last of the entrepreneurs in North America, basically has no love for liberals…”

Dealers Diss Hillary

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Angry auto dealers are threatening to boycott the National Auto Dealers Association’s annual convention in New Orleans next January, thanks to the NADA’s decision to invite Hillary Clinton to keynote the event.

In comments posted on the Automotive News website, dealers are sounding off, unleashing an angry tirade. One commenter writes:

         “Re: Shrillary…have we forgotten the nefarious Rose Law Firm, Vincent Foster, “Travelgate”, cattle futures, White Water, the seizing of FBI files of conservatives…all before the Benghazi 3:00am phone call.    “Phony scandals” don’t come home in body bags !!”

Other comments:

     “NADA moves one giant step closer to irrelevance with the selection of Clinton as a speaker. What part of political neutrality do they not understand? Every dealer I know is outraged….”

     “This hag needs to emigrate – now that would make me VERY happy.”

According to the report in Automotive News, “a Georgia dealer consultant who writes columns for auto industry publications, says he was deluged by profane responses to his Facebook post asking people what they thought of NADA’s pick.”  (Automotive News, July 29, 2013)

According to Open Secrets, auto dealers have a history of lavish donations to political candidates and parties –predominantly to Republicans.  During the 2011- 2012 campaign cycle, auto dealers gave $1,473,925 to Romney, but only a relatively paltry $118,394 to Obama.

Ironically, during the Clinton presidency, auto sales burgeoned and car dealers flourished. In stark contrast, George Bush’s economic policies proved disastrous for the entire auto industry, resulting in the bankruptcies of GM and Chrysler, and record numbers of dealer closings.

Car dealers sue to keep car buyers captive, attack Tesla

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Ever wonder why you can’t just order a new car over the internet, directly from the manufacturer? Then pick it up at the factory, or a local showroom, like people do in Europe? It’s because U.S. auto dealers have used their political muscle to get laws passed in all 50 states that give them a special monopoly. Those state franchise laws insulate them from having to compete with manufacturers for your business.

Car dealers got the laws enacted because they know that, given a choice, most car buyers would never subject themselves to the typical car-buying experience.

Car dealers are now attacking electric car manufacturer Tesla in court and in state legislatures, seeking to bar the company from selling its highly-praised electric vehicles directly to the public. Tesla is wise to be wary of auto dealers. As a group, auto dealers are throwbacks to the era of horse-trading. They have been among the most aggressive opponents of advances in fuel economy standards. They also have a long history of opposing mandates to produce electric vehicles.

Car dealers repeatedly sued the U.S. Environmental Protection Agency, seeking to block higher fuel economy standards. They waged all-out war against improved fuel economy in Congress. The end result, of course, was that when the price of gas rose, the value of their gas-guzzling products tanked, leaving their customers upside down in their overpriced loans. Then we bailed them out, at taxpayer expense, including the $3 billion they got from “Cash for Clunkers.”

Plus auto dealers commonly engage in a laundry list of shady or downright illegal practices that add billions onto the price of financing cars — hard-earned money that could be spent to get a newer, safer, cleaner car.

Think you might like to have the freedom to buy directly from a manufacturer someday?  Now it’s only a pipe dream for car buyers in most states — unless you’re willing to travel to Europe — but someday it may become reality here in the U.S.

Read more: National Public Radio report