The CARLAWYER ©
By Thomas B . Hudson and Nicole Frush Munro
Here ’ s our monthly report of legal developments in the auto sales , finance and lease world . This month , we feature a Presidential Executive Order as well as developments from the Consumer Financial Protection Bureau , the Office of the Comptroller of the Currency and the Federal Trade Commission , as well as our “ Case of the Month .” Remember – we aren ’ t reporting every recent legal development , only those we think might be particularly important or interesting .
Why do we include items from other states ? We want to show you legal developments and trends . Also , another state ’ s laws might be a lot like your state ’ s laws . If attorneys general or plaintiffs ’ lawyers are pursuing particular types of claims in other states , those claims might soon appear in your state .
Note that this column does not offer legal advice . Always check with your lawyer to learn how what we report might apply to you , or if you have questions .
This Month ’ s CARLAWYER © Compliance Tip
Dealers seldom give much thought to their compliance with the Americans With Disabilities Act , and , when they do , they think about things like wheelchair access to their buildings . Now we have picked up reports of complaints and threats of complaints against dealers alleging that the dealerships ’ web sites are not accessible by those with disabilities . This has become a “ cottage industry ” in some areas of the country , with the plaintiffs ’ lawyers threatening to file class action lawsuits unless dealers pay up . And your arbitration agreement won ’ t help here – these plaintiffs probably have not done business with your dealership . Maybe it ’ s time for another visit to the lawyer .
Federal Developments
Report Card Time . In early February , the FTC provided its annual letters to the CFPB summarizing the FTC ' s enforcement actions , research and policy initiatives , and education efforts in 2016 related to the Equal Credit Opportunity Act and the Fair Debt Collection Practices Act .
Alternative Data . On February 16 , the CFPB announced that it is seeking information about the potential use of " alternative data " and modeling techniques in the credit process . The CFPB is requesting public feedback about the benefits and risks of using unconventional information sources , called " alternative data ," to make lending decisions about consumers with no credit history or with history that has gone stale or is insufficient to produce a credit score under most scoring models . Specifically , the CFPB is seeking information about : ( 1 ) whether using alternative data to create or augment a credit score could increase access to credit by helping lenders better assess consumer creditworthiness ; ( 2 ) whether the use of alternative data could make credit decisions more complex for both consumers and industry ; ( 3 ) the impact of the use of alternative data on loan costs for consumers and operating costs for lenders ; and ( 4 ) implications for consumer privacy and security . Comments on the reques are due by May 19 , 2017 .
Trump Stifles Regulations . On February 24 , President Trump signed an Executive Order requiring every federal agency , except those that receive a waiver , to establish a Regulatory Reform Task Force to evaluate existing regulations and make recommendations to the agency head regarding their repeal , replacement , or modification . The order directs each task force to identify regulations that , among other things , eliminate jobs or inhibit job creation , are outdated , unnecessary , or ineffective , impose costs that exceed benefits , or create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies . It is unclear if executive orders such as this one apply to independent agencies , particularly the CFPB .