In December 2023, the Federal Trade Commission announced its Combatting Auto Retail Scams Rule, otherwise known as the “CARS Rule,” which sets new requirements on the sale, financing, and leasing of new and used vehicles by motor vehicle dealers. The final rule prohibits certain misrepresentations in the financing process, sets disclosure requirements on dealers’ advertising and sales communications, mandates that dealers obtain consumers’ express, informed consent for charges, and prohibits the sale of add-on products or services if there is no benefit to the consumer.… Continue Reading
motor vehicle
Pennsylvania federal district court rules alleged violation of state’s Motor Vehicle Sales Finance Act creates claim under Uniform Commercial Code
By John L. Culhane, Jr. & Brian Turetsky on
Posted in Auto Finance, Litigation and Court Decisions
A Pennsylvania federal district court has ruled that the plaintiffs’ allegations that notices of repossession sent by a bank failed to comply with the state’s Motor Vehicle Sales Finance Act (MVFSA) were sufficient to state a claim under the Pennsylvania Uniform Commercial Code (UCC). As a result, the court denied the bank’s motion to dismiss the plaintiffs’ class action complaint.… Continue Reading
FTC requests comment on consumer advocate petition regarding auto “yo-yo financing”
By Brian Turetsky on
On May 31, 2023, the Federal Trade Commission (“FTC”) requested public comment on a petition for rulemaking it received from six national consumer advocate groups regarding “yo-yo sales,” a term the groups use to refer to motor vehicle sale transactions where credit terms or other deal terms are changed post-purchase and delivery of the vehicle because of a financing contingency. … Continue Reading