The U.S. Court of Appeals for the Fifth Circuit recently vacated the Federal Trade Commission’s (FTC) Combating Auto Retail Scams (CARS) Rule, offering temporary relief to auto dealers who had raised concerns over its burdensome compliance requirements. The court ruled that the FTC failed to follow its own procedural regulations, specifically by not issuing an Advance Notice of Proposed Rulemaking (ANPRM), rendering the rule invalid. While this decision removes the immediate threat of new regulatory mandates, dealers should not assume the FTC’s efforts to regulate the industry have ended.
In the last six months, the FTC has actively targeted deceptive practices in the automotive sector, enforcing actions against companies like Coulter Motor Company, Asbury Automotive, CarShield, and Vroom. These actions focus on issues such as misleading advertising, undisclosed fees, and discriminatory pricing. The FTC continues to prioritize consumer protection and transparency.
The FTC’s new CARS rule mandates that dealers obtain express informed consent (EIC) before finalizing sales, although the rule does not clearly define EIC. It specifies what EIC is not, such as prechecked boxes and signed documents alone. SecureClose proposes a comprehensive solution to help dealers comply with these requirements.
Preparing for the FTC vs NADA/TADA Oral Arguments
Recently SecureClose helped in a suit filed against a finance company that received a judgment for violating a stay that involved a starter interrupt.
A five-minute read of where we are and where we are going (in my opinion.)
A quick recap of our session at the 2024 NIADA Conference.
What’s the difference between a ‘Hard Close’ and a ‘Strong Close’ by SecureClose?
How SecureClose can help your business meet the new requirements.
Combating Aggressive Regulatory Scrutiny
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