The House Energy and Commerce Subcommittee on Commerce, Trade, and Consumer Protection held a hearing this week to examine the challenges facing consumers in the used car market.
Chairman Bobby Rush compared the problems plaguing the used car
market to those that imperiled the housing market.
"Evidence suggests
that fraudulent practices with regard to both the condition and
financing of used cars are on the rise," Rush said. "When it comes to
the condition of vehicles, consumers are too often unaware of previous
damage inflicted on the vehicle.”
Last year a lawsuit forced the Department of Justice to develop
a National Motor Vehicle Title Information System (NMVTIS) to provide
consumers with instant access to the salvage history of their potential
vehicle. Only 13 states are taking full advantage of the system, while
14, including California, provide data to the federal government but
bar their citizens from using it as a resource.
The Subcommittee questioned the effectiveness of the Federal
Trade Commission's rulemaking process. The FTC is responsible for the
Used Motor Vehicle Trade Regulation Rule, otherwise known as the Used
Car Rule, which requires to dealers to disclose on a sticker basic
information including whether or not they provide a warranty.
Rush was particularly interested in the effects of the digital
divide, and whether low-income consumers would be able to access and
benefit from the database. As a remedy, Rush suggested that the FTC
include a provision in the Used Car Rule requiring dealers make vehicle
history reports available at the time of sale.
Rush also probed the relationship between dealers and
creditors, which can often burden consumers with higher prices and
unfavorable terms. "Too often the dealership and the creditor work
together to needlessly saddle customers with high interest loans or
exorbitant fees," he said. "Such discretionary practices known as “loan
packing” and “dealer markups” have a disparate impact on people of
color, particularly African American and Latino consumers."
The industry defended the practices as beneficial to "credit-impaired" consumers.