UCN
Used Car News
1/17/2022
New Year Brings Whole New Challenges
IN THIS ISSUE: By Jeffrey Bellant
Rush - Dated Material
• Forecast • Milestones • Tony Moorby
Compliance issues could become more demanding as federal officials take a more aggressive approach on regulation in 2022. “They are going to go back to regulation by enforcement,” said Steve Levine, chief legal and compliance officer for Ignite Consulting Partners. Appointees in the federal agencies are “heavy hitters” in the areas of Fair Lending and disparate impact, he said. Eric Johnson, a partner with the Hudson Cook law firm, agreed that it’s a new landscape in compliance this year. Johnson said there are several hotspots for dealers in the compli-
ance area. “I think the biggest things we’ll see this year is more and more enforcement actions by both the CFPB (Consumer Financial Protection Bureau) and the FTC (Federal Trade Commission),” he said. Levine and Johnson believe new CFPB Director Rohit Chopra is going to be a lot more active in enforcement. Since Chopra didn’t get confirmed until September, Levine said dealers received a reprieve last year. In addition to being “a lot more active,” Johnson believes agencies won’t simply target businesses. “I think they are going to hold individuals accountable for their actions,” he said. “Not only will they go after a company, but they’ll also
hold the ownership of a business accountable or the senior manager.” Johnson said they’d made moves like this in the past, where an individual would be prohibited from engaging in the mortgage business for 20 years, for example. “Or it might be like a lifetime ban in baseball, where they say, ‘You’re done. You’re out,’” he said. It’s a big focus of the Chopra-led CFPB to target individuals making decisions on behalf of a company. He admits that a mistake could probably be found in any deal jacket. But if a dealership makes every effort to comply with the laws and regulations, the chance of a major penalty is likely lessened. It could be the difference between Continued on page 3