Ally Bank ordered to pay $80 million to consumers harmed by discriminatory lending

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More than 235,000 African-American, Hispanic, and Asian Pacific Islander borrowers, who were charged higher interest rates on their auto loans from Ally Bank, based on their race, stand to get back $80 million, thanks to courageous action by the Consumer Financial Protection Bureau and U.S. Department of Justice.

The consumer protection and law enforcement agencies are coordinating their efforts to curb discriminatory lending in auto loans, which cost car buyers billions of dollars in hidden extra fees, while fattening the profits made by lenders and auto dealers. This is the government’s largest auto loan discrimination settlement ever.

“Discrimination is a serious issue across every consumer credit market,” said CFPB Director Richard Cordray. “We are returning $80 million to hard-working consumers who paid more for their cars or trucks based on their race or national origin. We look forward to working closely with the Justice Department and Ally to make sure this serious issue will be addressed appropriately in the years ahead as well.”

Read more: CFPB and US DOJ order Ally to pay $80 million to car buyers

 

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’

 

 

 

 

Odometer fraud — the “Fountain of Youth” for high-mileage cars

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A lot of people think that odometer fraud is a thing of the past, thanks to digital odometers. Unfortunately, that’s just wishful thinking. In reality — crooks have found ways to hack into vehicle computer systems and re-set odometers. All it takes is a simple gadget that you can buy online — and a lack of scruples.

Making matters worse:  thanks to incredibly stupid rules the National Highway Traffic Safety Administration issued years ago under the Federal Odometer Act, vehicles more than 10 years old are exempt from key provisions of the law. That never did make sense, since all it does is encourage fraud that hits low-income used car buyers the hardest. It makes even less sense now, when RL Polk says that the average age of all light vehicles on the road in the US has hit a record 11.4 years.

One of the worst things about odometer fraud:  an altered odometer can make the warranty void, or make any service contract you buy with the car worthless and void.

According to AOL Autos, a New York man was alerted by friends that his used car miraculously showed less mileage after he sold it on Craigslist:

http://autos.aol.com/article/buying-used-car-tips-odometer-fraud/

How can you avoid getting scammed by an odometer fraudster?

1. Insist on seeing the work orders showing past repairs — and look carefully at the mileage.

2. Call repair shops that worked on the car and are listed on the work orders to confirm the numbers.

3. Have the vehicle inspected by your own independent auto expert BEFORE you agree to buy it. They can hook it up to diagnostic equipment that will access the onboard computer systems — which may reveal telltale records of higher mileage.

Here’s a good place to find a good mechanic:

Car Talk Mechanics Files

 

 

 

 

 

Honda announces new safety recall of popular Odyssey and Acura models

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Honda announced it’s recalling 318,000 Odyssey minivans in the U.S. and 63,400 Acura MDX sport-utility vehicles in several nations because the air bags could deploy unnecessarily, due to electrical interference with a computer chip.

Honda acknowledged it had received complaints from owners of 2003 and 2004 model year Odyssey minivans and 2003 Acura MDX sport-utility vehicles, after the air bags popped open while they were just driving along.

Honda said that owners of the recalled vehicles should take them to Honda dealers, where technicians will install an “electrical noise filter.”

Caution:  If you are shopping for a used car, you cannot rely on the dealer to ensure that the safety recall repairs have been performed.  Auto dealers are actively opposing legislation that would require them to fix unsafe, recalled vehicles prior to renting, selling, or loaning them to unsuspecting consumers.

Read more: Dealers play unsafe, recalled used car roulette

 

 

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 dealerships — fertile ground for ID thieves

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How common is identity theft at auto dealerships?  According to a report in Automotive News, “Dealerships are targets for identity thieves — those working from both the inside and outside.” *  The report quotes Dave Robertson, executive director of the Association of Finance and Insurance Professionals:

“It’s still a major problem, but it’s not growing as fast.”

The report also quotes Maryann McKessy, Chief of the Fraud and Identity Theft Bureau of the Maricopa County Attorney’s Office, regarding auto dealerships:

“I hate to say it, but it’s a pretty common ground where information is breached.”

The FTC has issued “Red Flag” rules to try to curb identity theft at auto dealerships and among other creditors who handle people’s personal financial information. Dealers are being urged to train their employees to be on the lookout for identity thieves, including checking to see if the person in front of them looks like the photo on their driver’s license.

* Automotive News, Dec. 5, 2011

 

 

Car title loans — who pays, who makes a killing?

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High-cost car title loans are illegal in most states. That’s because they’re so risky for borrowers, often ruining lives. Particularly when people lose their cars — usually their only way to get to work — and then their jobs.

In 2004, in response to a two-part series of front-page reports by David Lazarus in the San Francisco Chronicle, exposing the seedy but growing car title lending business, California legislators vowed to put a stop to title loans.  Fast-forward almost a decade, and what’s changed?  Nothing — except the shady, predatory businesses continue to expand and cost more consumers triple-digit interest, and often their vehicles.

How high is the default rate for car title loans? At a hearing before the California Assembly Banking Committee, Oscar Rodriguez, CEO of LoanMart, testified on behalf of the leading trade association for car title lenders operating in California.  When asked, point-blank, he admitted that while some lenders have default rates of 14-15%, others have rates up to 40-50%. This is astronomical, and powerful evidence that the loans are predatory — not designed to aid the borrowers, but to strip them of their only valuable material possession — their car.

California caps the interest rate on some loans below $2500. So title lenders skirt the law by talking consumers who seek smaller loans into getting loans over the $2500 threshold. Consumers naturally assume that must mean that they qualify to borrow more, based on their income or creditworthiness. In reality, their credit has nothing to do with the loan amount. As long as the lender can seize their car, and it’s worth much more than the loan, there’s no risk for the lender.  Of course, the bigger loan increases the risk for the borrower.

As the Attorney General of Florida warns: “Remember that a title loan is not risky for the lender but it may be very risky for you.”  How to protect yourself: title loans

So who benefits from car title lending? Award-winning journalist Gary Rivlin’s portrait of who’s living high off the hog thanks to high-cost loans, including car-title loans:

Portrait of a Subprime Lender

What can you do to avoid the car title lending trap?  If at all possible, save up instead of getting a loan. If that’s not possible, find other, less-risky ways to borrow money.  Some lower-risk options: Join a credit union. Seek loans from family members. Sell your car and buy a less-expensive one. Usually, you’re much better off selling it yourself than having it repossessed by a car title lender.

Read more:

Auto-title loans drawing scrutiny — Sacramento Bee, by Personal Finance Columnist Claudia Buck

‘Car-title loans’ a road to deep debt  — San Francisco Chronicle, by Business Reporter Carolyn Said

How to protect yourself: title loans — What else can you do in a pinch, that’s less risky? Advice from Florida’s Attorney General

 

 

 

Ford recalls 370,000 sedans over possible steering loss

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Ford Motor Co. announced it is recalling about 370,000 Ford Crown Victoria, Mercury Grand Marquis and Lincoln Town Cars produced between 2005 through 2011 because corrosion could cause a loss of steering. The safety recall includes about 355,000 vehicles in the U.S. and another 15,000 in Canada.

The recall is focused on vehicles in 22 states and Washington, DC, and includes about 195,000 Crown Victoria police cars.

The National Highway Traffic Safety Administration had been investigating multiple complaints about steering loss in 2005-2008 Crown Victoria cars outfitted for use by police.

Ford said owners in other states, who may not receive notice of the recall in the mail, could take their vehicles to Ford dealers for a check-up, and, if necessary, the cars would be repaired at no cost to the consumers. Federal law requires auto manufacturers to provide auto safety recall repairs at no cost to the owners.

Unfortunately, if the vehicles are owned by new or used car dealers who do not have a Ford franchise, they may not  be repaired before they are rented, sold, or loaned to unsuspecting used car buyers.  Auto dealers are fighting attempts in Washington, DC and Sacramento to help ensure that dealers have the safety recall repairs performed — for FREE — before they foist them off on their customers.

Did a dealer sell you an unsafe, recalled used car? If they did, CARS wants to hear from you — here’s where to contact CARS.

Read more:

NY Times report: Ford announces safety recall

Car dealers oppose having to fix unsafe, recalled used cars

 

 

 

 

 

Don’t become a victim of identify theft when you shop for a car

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Imagine handing over your personal financial information, including your home address, Social Security number, birth date, and amount you earn each month, to a dealership finance manager who just happens to have a history of engaging in identity theft. Creepy, no?

Unfortunately, some dealers fail to do even basic background checks of prospective employees. As a result, you may end up exposed to identity theft. The FTC has issued “Red Flag” rules aimed at curbing ID theft at auto dealerships, which is a step forward, but — they don’t have the staff or resources to police compliance.

Bottom line:  This is yet another reason to ALWAYS get your financing lined up with a reputable lender BEFORE you shop for a car.

Read more:

Yahoo News report: Could you be a victim of identity theft while shopping for a new car?

Orange County, CA District Attorney busts major new car dealership

KC TV 5: Car dealer facing ID theft charges

F & I  News: Tampa dealer convicted of identity theft, other charges

 

 

Tesla earns best crash test ratings — ever

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The National Highway Traffic Safety Administration has announced that the Tesla Model S earned a 5-star rating — in each crash configuration — front, side, rear, and rollover.

The agency’s testing also showed that the Model S set a new record for the lowest likelihood of injury to occupants, based on specific scoring.

According to Tesla, the vehicle’s unique design creates major injury-prevention advantages. The California-based automaker explained, “The Model S has the advantage in the front of not having a large gasoline engine block, thus creating a much longer crumple zone to absorb a high speed impact. This is fundamentally a force over distance problem – the longer the crumple zone, the more time there is to slow down occupants at g loads that do not cause injuries.”

The sedan’s low center of gravity and the mid-mount position of the battery pack also make the vehicle remarkably stable and unlikely to tip over, particularly when compared with SUVs and minivans with much higher centers of gravity.

Despite its stellar safety performance, Tesla still faces an uphill battle with auto dealers, who seek to force the company to stop selling vehicles directly to the public, instead of making its customers spend an average of 4 hours at a car dealership in order to drive a Tesla home.

 

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…”

New car dealers’ hidden ties to “buy-here, pay-here” dealerships

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New car dealers like to project the image that they are above engaging in shady practices prevalent at “buy-here pay here” auto dealerships. Among the shameful litany: charging exorbitant interest rates and selling junk cars  that break down soon after purchase, only to be repossessed when the hapless owners can’t drive them, lose income, and fall behind on payments. Then re-selling the same cars over and over again — a practice known as “churning”  —  making a killing on each transaction, and often trapping multiple consumers into paying for the same car.

“Buy-here, pay-here” sales tactics were painstakingly documented in an award-winning series by Los Angeles Times reporter Ken Bensinger, who examined over 2 million records and exposed who the worst “churners” are among “buy-here, pay-here” dealers in California.

But — the reality is that thousands of new car dealers own “buy-here, pay-here” car lots. According to Automotive News, of 20,000 members of the National Independent Automobile Dealers Association, ” ‘just under 10%’ are franchised new-car dealers who have joined under their franchised dealership name or under the names of their separate buy-here, pay-here operations.” — Automotive News, July 22, 2013