The Fast and the Usurious: Putting the Brakes on Auto Lending Abuses

71 Pages Posted: 20 Aug 2019 Last revised: 6 Sep 2019

See all articles by Adam J. Levitin

Adam J. Levitin

Georgetown University Law Center

Date Written: August 26, 2019

Abstract

The car loan market is rife with consumer abuses: inflated pricing, discriminatory lending, and a variety of deceptions and scams. These abuses all stem from the dealer-centric nature of the auto finance market that ties the vehicle purchase to the vehicle financing.

The overwhelming majority of consumers finance their purchases through the car dealer, but consumers cannot learn dealer financing terms in advance. They learn the financing terms offered only after spending substantial time and energy negotiating a car price, a trade-in price, warranties, insurance, and vehicle add-ons. At this point, because most consumers lack alternative financing options, they face a take-it-or-leave-it choice that leaves them especially vulnerable to dealer abuses.

Not only does the lack of alternative financing options deprive consumers of the protection of competition in auto loans, but competition in the dealer-based lending market actually works against consumers. Dealers auction off loans to financial institutions based largely on which institution allows the dealer the greatest compensation in the form of a markup on the loan. These ultimate lenders compete for the dealer’s business, not the consumer’s, which results in consumers paying supracompetitive rates because of the dealer markup. The discretionary nature of the markups also enables discriminatory lending, with women and minorities often charged more for car loans, as well as a number of outright frauds and scams that cannot occur with third-party financing.

This Article proposes to fix these auto lending abuses by requiring a three-business day waiting period before delivery of the vehicle for consumers who do not have a bona fide third-party financing offer, as well as a fee-free right of rescission for the loan during this period. A penalty default waiting period would incentivize consumers to shop for financing separately from the vehicle purchase transaction, creating positive competitive forces that will reduce dealers’ supracompetitive markups of financing, reduce opportunities for discriminatory lending, and protect consumers from other deceptive practices.

Keywords: cars, automobiles, dealer reserve, dealer participation, dealer markup, disparate impact, discriminatory lending, loan packing, yo-yo scams, indirect lending, direct lending, right of rescission, spot delivery, aftermarket tying

JEL Classification: D14, D18, D42

Suggested Citation

Levitin, Adam J., The Fast and the Usurious: Putting the Brakes on Auto Lending Abuses (August 26, 2019). Georgetown Law Journal, Vol. 108, Forthcoming . Available at SSRN: https://ssrn.com/abstract=3438528 or http://dx.doi.org/10.2139/ssrn.3438528

Adam J. Levitin (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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