The auto industry recently applauded the defeat of the FTC’s Combatting Auto Retail Scams (CARS) Rule , which never took effect due to a successful court challenge. Yet, in the past few years, historical state and federal enforcement actions have materialized that contain dark shades of the CARS Rule without using the CARS Rule. The truth is that CARS was never really needed. In fact, roughly 90% of what would be considered unfair and deceptive acts and practices (UDAP) under CARS, were already considered UDAP violations under state consumer protection laws and Section 5 of the Federal Trade Commission (FTC) Act. For any dealers who are not believers, regulators have not shied away from proving otherwise.
Five precedent-setting cases from state attorney generals (AGs), in conjunction with the FTC, remind us that consumer fairness and transparency in the advertising and vehicle shopping process must remain top priorities. Let’s recap some of these recent legal actions and how they impact the routes that dealerships should take with advertised prices.
