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Financial Services Law Insights and Observations

DOJ sues Maryland car dealership for ECOA violations

Federal Issues DOJ ECOA Auto Finance Fair Lending

Federal Issues

On September 30, the DOJ announced it filed a lawsuit in the U.S. District Court for the District of Maryland alleging that a Maryland used car dealership and its owner and manager violated ECOA by offering different terms of credit based on race to consumers seeking to finance cars. According to the complaint, between September 2017 and April 2018, compliance testing done by the DOJ concluded that the defendants’ “actions, policies, and practices discriminate against applicants on the basis of race with respect to credit transactions…by offering more favorable terms to white testers than to African American testers with similar credit characteristics.” Specifically, the complaint alleged that African American testers were, among other things, (i) told they needed higher down payment amounts than white testers for the same car; (ii) quoted higher bi-weekly payments for “buy here, pay here” financing than white testers for the same car; and (iii) not offered to fund down payments in two installments, as compared to white testers. The DOJ also alleges that the conduct was “intentional, willful, and taken in disregard of the rights of others” and seeks injunctive relief and monetary relief.