CFPB Takes Action Against Colorado-Based "Buy-Here Pay-Here" Auto Dealer

CFPB Auto Finance Enforcement

On January 21, the CFPB filed a consent order to resolve allegations that a Colorado-based subprime auto dealer violated the TILA and the CFPA by engaging in abusive financing and marketing schemes. Specifically, the CFPB alleged that, from January 2012 through May 2014, the auto dealer (i) failed to make purchase prices available to credit consumers until the very end of the transaction; (ii) hid finance charges and improperly disclosed the resulting APRs; (iii) refused to negotiate car prices with credit consumers; and (iv) used abusive marketing tactics by failing to disclose to purchasers the “complete and accurate credit terms” of the automobile financing. The CFPB’s consent order requires the auto dealer to (i) pay $700,000 in redress to consumers affected by its practices; (ii) clearly and prominently post the purchase price on all automobiles; (iii) stop misrepresenting interest rates, finance charges, amounts financed, other credit terms, or any other fact material to the financing of a motor vehicle; and (iv) disclose in writing to the consumer information concerning the terms of the financing offer (including the APR), the purchase price of the car, the total number of payments required before the consumer owns the car, and the duration of the purchase financing contract. The CFPB suspended its civil money penalty of $100,000 as long as redress is paid.