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May 6, 2013
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ON THE WEB: SEC Settles Suit with Capital One Financial
Conditions Prime for Used Car Sales
The Securities and Exchange Commission charged Capital One Financial Corp. and two senior executives for understating millions of dollars in auto loan losses incurred during the months leading into the financial crisis. Capital One agreed to pay $3.5 million to settle the SEC’s charges. An SEC investigation found that in financial reporting for the second and third quarters of 2007, Capital One failed to properly account for losses in its auto finance business when they came in higher than originally forecast.
Buying Habits Differ for New, Used Car Buyers
A report based on CarFinance.com’s financing data indicates that below-prime, newcar-purchasing behavior differs from the car buying population as a whole: only one model, Dodge Ram, consistently topped both CarFinance.com’s below-prime and overall industry Top 10 sales lists. The Big Three dramatically overwhelmed imports.
Photo by Ted Craig BRIGHT DAY: Customers walked onto the lots at CarMax Inc. stores in record numbers earlier this year. All the public dealership chains reported strong used-car sales thanks to a good mix of credit and cars. By Ted Craig
Sales are booming for latemodel used cars. The publicly traded dealership groups are announcing record used-car sales. Sonic Automotive announced a record used-car sales month in March and a record of 26,469 units sold
at its dealerships in the first quarter. Used retail sales at AutoNation Inc. stores were up 9.5 percent CarMax Inc. reported record results for its quarter ended Feb. 28. The usedcar superstore chain’s total used unit sales rose 12 percent and comparable store
sales rose 6 percent. “It’s a terrific set of market conditions out there for both new-car sales and used-car sales,” said Paul Taylor, chief economist for the National Automobile Dealers Association. Among those factors are low incentives on new cars and a good supply of late-
model used units. Taylor said many consumers feel more flush thanks to an improving housing market and near-record stock market. That means they are shopping and, more importantly, those consumers are being approved for loans with low rates. Continued on page 3
Rush - Dated Material
Dealers Sue Carfax, Claim They Must Use Service More than 100 dealers filed suit against Carfax, claiming they were forced to use the company’s vehicle history reports. Dealership law firm of Bellavia, Blatt, Andron & Crossett, PC, has filed a $50 million mass action, anti-trust lawsuit on behalf of 120 auto dealerships, who allege that actions by Carfax unfairly and illegally preclude dealers from selecting a vehicle history report provider of their choice and negotiating a fair price. The lawsuit was filed on April 23, in the United States District Court for the Southern District of New York. The plaintiffs, led by the law firm’s founding partner
Leonard A. Bellavia, claim that dealers have been overpaying for Carfax vehicle history reports because of the provider’s monopolistic practices of tying its products to competitors such as Autotrader.com, Cars.com and nearly all of the manufacturers’ certified pre-owned programs. Furthermore, Bellavia claims the reliability and integrity of Carfax’s report data are in question, and as a result, dealers and consumers are the ones who are hurt in the process. If the case proves successful, plaintiffs participating in the mass action will recover treble damages (three times the overcharges) for six years as well as legal fees. In addition, prospective pricing will be at a competitive level.
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