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Financial Services Law Insights and Observations

Used car dealership fined $3 million by New York City for deceptive practices

State Issues Auto Finance Civil Money Penalties Advertisement

State Issues

On January 25, New York City’s Department of Consumer Affairs (DCA) announced that the city’s largest used car dealership must pay more than $3 million in civil penalties after the city’s Office of Administrative Trials and Hearings concluded the dealership used deceptive and illegal practices to profit from low-income and minority consumers. According to the decision, DCA alleged that the dealership engaged in over 90,000 instances of deceptive trade practice in violation of various consumer protection laws, including, among other things, (i) falsifying consumers’ income and/or monthly rent obligations on credit applications; (ii) falsely advertising the financial terms of deals in print and online; (iii) failing to provide documents in Spanish to certain Spanish-speaking consumers; and (iv) misleading consumers about the history and condition of the used cars they purchased. The administrative law judge declined to revoke the dealership’s license, as originally sought by DCA.

This fine is in addition to the settlement agreement between DCA and the used car dealership that required the dealership to pay nearly $142,000 in restitution to 40 consumers and pay $68,000 to cover outstanding loans originated as a result of the allegedly deceptive actions.

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