The auto industry at press time awaited the effect of a 10% tariff on Chinese imports, even as President Donald Trump announced a 30-day pause on proposed tariffs on Canada and Mexico.
Canadian Prime Minister Justin Trudeau agreed to implement a $1.3 billion border plan and Mexican President Claudia Sheinbaum offered up 10,000 Mexican troops to the U.S. border, which prompted the pause in the proposed tariffs to the U.S. neighboring countries.
China, however, retaliated with its own 15% tariffs on some U.S. energy imports.
Trump initially announced the tariffs on Feb. 1, citing the International Emergency Economic Powers Act (IEEPA). citing the “extraordinary threat posed by illegal aliens and drugs, including deadly
fentanyl.” The Chinese tariff went into effect Feb. 4.
After negotiations with Mexico and Canada, which led to beefed up border enforcement, Trump issued the pause for tariffs involving those countries.
The reactions from across the auto industry are varied, with concerns about disruption to business.
The National Independent Automobile Dealers Association issued the following statement, “The auto industry is researching the impact of the tariffs on the industry, including auto parts. NIADA continues to monitor developments and speak with its lobby firm in Washington, D.C., about the potential impact on dealers.”
The National Auto Dealers Association President and CEO Mike Stanton on Feb. 4 issued the following statement in response to proposed and implemented tariffs on Canada, Mexico and China:
“New-car affordability is a persistent challenge for consumers and dealers alike. Tariffs on U.S. trading partners, who are vital to our automotive supply chains, would make it harder for average Americans to afford the new vehicles of their choice. It is our hope that we can address many of our nation’s challenges without the use of tariffs that would so significantly impact the U.S. auto industry, jobs and consumers.”
Cox Automotive estimated the North American tariffs would have a dramatic impact on the industry.
“On a trade basis, our team has estimated that 25 percent tariffs at the border of Canada and Mexico would have impacted $309 billion in trade in 2024, or roughly 40% of the U.S. new vehicle market.
“Our analysis does not include the impact on parts, which would be significant indeed and also directly impact auto repair shops across the
U.S.,” said the Cox report. The rising cost of auto parts from China, Canada and Mexico is also a concern for independent dealers.
2/17/2025
Compliance News
Dealers Prepare for State Pushback on Compliance
By Jeffrey Bellant
Both independent and franchise dealers breathed a sigh of relief when a federal court set aside the Federal Trade Commission’s proposed CARS (Combating Auto Retail Scams) Rule, but some industry insiders caution the threat may not be over.
The FTC approved a rule in 2023 – to go into effect in July 2024. The 126-page rule, original known as the “Motor Vehicle Dealers Trade Regulation Rule,” would have significantly changed the process for consumers to purchase, trade-in and finance new and used cars and trucks.
The rule would re-regulate all aspects of automotive retailing and was forwarded without an Advanced Notice of Proposed Rulemaking (ANPRM) – the process for the public to provide comment –and instead included 49 open-ended questions.
Auto dealers railed against the regulation and last year the National Automobile Dealers Association (NADA) joined the Texas Auto Dealers Association in fighting the FTC rule in the United States Court of Appeals for the Fifth Circuit
The National Independent Automobile Dealers Association (NIADA) and its state affiliated Texas IADA later filed an amicus brief asking for the rule to be vacated.
The amicus brief pointed to the rule’s negative impacts on the car buying process and significant cost to independent dealerships, explained how the FTC did not consider the burden on consumers and independent dealers’ business operations, and how the FTC failed to comply with its requirement to provide a small business impact analysis.
The FTC then postponed implementing the rule until the court case was resolved.
On Jan. 27, the court set aside the proposed rule in a 2-1 vote.
The court ruled that FTC “violated its own regulations when it failed to issue an ANPRM (Advance Notice of Proposed Rulemaking) for the CARS Rule.”
In the ruling the majority stated: “The FTC violated section 706(2) of the APA when it elected to issue an ANPRM before publishing the final CARS Rule, a requirement of its own regulations and an error that was not harmless. We GRANT the petition for review and VACATE the
CARS Rule.”
The order to vacate came after the court heard oral arguments in October on the NADA/TADA case.
NADA President and CEO Mike Stanton issued the following statement in response to the ruling:
“Monday’s decision by the 5th Circuit Court of Appeals on NADA’s and TADA’s legal challenge is a victory for the rule of law and a great outcome for consumers. As we have been saying since this rushed, poorly researched, and unnecessary rule was announced, the FTC’s… (CARS Rule) would have added massive
amounts of time, complexity, paperwork and cost to the car-buying and car-shopping experience for virtually every customer. That truly would have been a nightmare for consumers and dealers alike. Thanks to the success of this legal challenge, dealers can get back to what they do best, which is creating the bestpossible customer experience and reducing transaction times wherever possible.”
NIADA also issued a statement, celebrating the decision.
“On behalf of our more than 13,000 members, we applaud the decision
of the court to vacate the onerous CARS rule for the lack of prior notice,” the NIADA release stated.
“NIADA joined Texas IADA in filing an amicus brief to the NADA and Texas ADA case against the Federal Trade Commission because we believed the rule would have caused irreparable harm to dealers and consumers, with added expenses and extended times to complete purchases,” the NIADA said in a statement on the court decision.
“We support transparency and fairness in vehicle sales, which are
Compliance
By Daniel J. Laudicina
In a Dec. 5, 2024, letter to financial service providers, the Department of Justice and the Consumer Financial Protection Bureau reiterated to providers their obligations to servicemembers, recent veterans, and their spouses under the Servicemembers Civil Relief Act (SCRA), including to reduce interest rates to no more than 6% per year on certain financial obligations that were incurred prior to military service. However, the letter explains that, as recently as 2022, the CFPB estimated that fewer than 10% of auto-secured obligations and 6% of personal loans to activated members of the National Guard and Reserves received interest rate reductions.
The letter does not address the reason(s) for the low participation in the reduced interest rate program but notes that for servicemembers to receive the reduced interest rate benefit, they are required to submit a written notice and copy of military orders within 180 days of the end of military service. One might infer, particularly
given the agencies’ recommendations to combat these low numbers, that many servicemembers fail to request interest rate reductions (or submit the necessary documentation) and that the lack of participation in the rate reduction benefit is less about providers violating the law than it is about servicemembers failing to notify providers of their activated military status.
Citing the low numbers of SCRA benefit recipients, the letter encourages creditors to offer greater protections and benefits to servicemembers than those guaranteed by the SCRA, including by implementing policies to automate and simplify the SCRA application process. Even further, however, the DOJ and the CFPB suggest that creditors consider proactively checking their accounts using the Defense Manpower Data Center (DMDC) database and automatically applying SCRA interest rate caps to all eligible servicemembers, without requiring them to apply for SCRA benefits. The CFPB has already encouraged creditors to “explore ways to automatically apply the SCRA interest rate cap,” and this joint letter reinforces the recom-
mendation that providers do so. The DOJ and the CFPB suggest that providers consider automatically applying rate caps to all eligible accounts the provider holds if the servicemember invokes protections for one account.
The letter includes requirements under the SCRA, encouraging providers to “evaluate [their] practices to ensure compliance with this federal law.” In response to a proper request for SCRA benefits, the provider must forgive, not defer, interest greater than 6% per year and that this forgiveness is retroactive to the first day of SCRA eligibility (and lasts for the duration of military service, except that the benefit extends to one year after military service for mortgage-secured credit). Providers must reduce monthly payments by the amount of interest forgiven and are prohibited from accelerating payment of principal. In addition, the SCRA protections apply to servicemember spouses who have co-signed for the obligation. The servicemember’s active duty date (when protections accrue) is the date he/she enters active duty, except for reservists, where protections begin upon the receipt of certain military orders (which may be months before active duty). National Guard members are covered when they are on orders for active duty (including training orders) or are on orders for more than 30 days to respond to a national emergency. Veterans can require the interest rate benefit for up to 180 days after the end of military service.
Finally, the agencies note that members of the National Guard and military reservists may be eligible for SCRA protections, but their eligible time may not appear in the DMDC database. If the servicemember submits the written notice and appropriate indicator of military service (orders, for example) within 180 days of the end of military service, the provider must give the SCRA interest rate benefit regardless of whether the DMDC database shows a period of active service. The safe harbor provision in the SCRA for use of the DMDC database, the letter explains, applies only when the creditor has not received notice and documentation from the servicemember.
Creditors should be aware of the renewed focus on SCRA benefits and ensure that their policies and procedures (at a minimum) comply with the SCRA. Agencies have encouraged creditors to go above and beyond what the law requires and proactively ensure that those who are eligible for SCRA protections receive them.
Tony Moorby Columnist: Circulation: subs@usedcarnews.com
Production: Tom Savage, Production Manager
Cee Lippens,
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2/17/2025
Auto Market News
Automotive Analysts Forecast Industry Going Forward
By Jeffrey Bellant
AUBURN HILLS – The Society of Automotive Analysts held its 38th Automotive Outlook Conference featuring speakers covering the whole gamut. The conference was held at the American headquarters of Fanuc, the Japanese robotics company.
Global Data’s Bill Rinna looked at light vehicle new-car sales in North America.
Last year closed on a strong note with the lowering of interest rates and dealers focused on some pullahead sales because of the uncertainty of the presidential election.
“It brought clarity and even helped pull sales even further,” Rinna said. A strong December has helped build momentum going into this year.
Rinna said vehicle availability and
affordability will be the main drivers of U.S sales in 2025.
“Inventory is improving since the pandemic and the semi-conductor crisis,” Rinna said. “We’re still about 20% lower than 2019 levels. At the end of the year, we were at about 47 days supply.
“The other good news is that we’re starting to see a better mix, meaning a mix of lower cost vehicles which is helping to drive over sales.”
Rinna said it’s unlikely we’ll see the 60-67 days’ supply we saw prepandemic.
“We’re likely to look at a level that’s 55 days,” he said. “At the end of January we expect to have a 60-day supply because of the shutdown.”
Rinna also expects to see transaction prices moderate.
As a result there was a 3% growth compared to 2023.
Rinna added that 9 of the 14 OEMs had growth last year, highlighted by
Toyota, Ford and GM. Rinna expects long-term, modest growth.
Another analyst, Michael Robinet vice president of forecast strategy for S&P Global Mobility, offered a look at global production dynamics during the event held earlier this month.
“After 2028, everything is up in the air,” he said. “After 37 years in the business I’ve never seen it like this.”
With OEMS, there is a “massive shift in strategy” he said.
Consumer acceptance and scale has caused a problem to the BEV strategy. The OEMs want more of their content made in nearby regions and in some cases in the United States, Robinet said.
He provided a regional chart showing that from 2019 to 2024, the pullback in BEV production in Europe and North America was more than made up by our friends in China. His
forecast shows that from a global perspective on BEVs – between now and 2031 – “all of it is still up in the air,” with the exception of China.
The unknowns are regard to regulations and other factors.
“Not know what the regulatory environment is going to be is not a great recipe for long-term capital expenditures,” Robinet said.
Analyst Colin Langan, Wells Fargo Securities senior equity analyst for autos & mobility, focused on the Wall Street perspective.
U.S. new car pricing is a problem, Langan said, depending on how low the lending rates are going to go and how much risk leaders want to take on.
“For people, affordability is one of the top concerns,” he said.
One of the problems is the additional capacity brought on by Tesla and Rivian.
Used Car News
2/17/2025
CARS Rule
already heavily regulated without the additional requirements of the CARS rule. We look forward to continuing conversations with the FTC on issues related to our industry. NIADA will continue to advocate on behalf of its members and keep you abreast of issues as they arise.”
The court did not address other arguments filed by the NADA in the case. In October’s oral arguments, NADA’s attorney Jeffrey Harris argued the FTC had failed to show how the added disclosures required by the rule would improve car purchases.
“The rules at issue in this case will inject FTC-mandated disclosures into hundreds of millions of interactions between car dealerships and their customers. Even the FTC’s flawed analysis acknowledges that this will be a billion-dollar rule,” Harris said.
NIADA Chairman Gordon Tormohlen, a vocal critic of the CARS rule, expressed his relief with the ruling, in an email to Used Car News.
“This is really big, great news for independent auto dealers and everyone in the auto finance space,” he stated. “Hats off to NIADA CEO Jeff Martin and the team at NIADA, as well as (NADA President) Mike Stanton and his team on the NADA side.
“As NIADA’s Amicus Brief clearly laid out, the FTC failed to follow their own rule making guidelines, which in turn, led to a rule that caused much harm to the industry while offering little, or no real value to consumers.
“I’m delighted with this ruling. Our finest dealers have always put their customers first, and I know they would have continued to do so regardless of the outcome of this case, but it’s a relief that they won’t need to operate with this burden.
“What a great day to be in the car business.”
Attorney Eric Johnson, partner at the Hudson Cook law firm, spelled out the technical aspects of the ruling via email to Used Car News soon after the decision was announced.
“The Fifth Circuit’s January 27th decision to vacate the FTC’s CARS Rule holds the FTC to the letter of the law and the agency’s own regulations,” Johnson said.
“In a split decision, the panel majority determined that the
– Continued from page 3
FTC promulgated the CARS Rule, under a particular section of the FTC Act which triggered the FTC’s internal procedural requirement to begin its rulemaking process with an advanced notice of proposed rulemaking (called an “ANPRM”). The FTC’s failure to do so deprived the NADA and the TADA of a procedural benefit that could not be discredited as harmless error.”
Johnson, however, added the battle is likely not over.
“Dealers aren’t completely in the clear from the Rule yet, as the FTC has until March 13 to file a petition for rehearing with this same three-judge panel, or for rehearing ‘en banc’—meaning, before the entire Fifth Circuit.
“In the alternative, the FTC could seek review by the U.S. Supreme Court, which it must do by April 28. An appeal to the U.S. Supreme Court would likely take at least a year.
“The timing of a rehearing is less clear and would depend on whether the case is re-argued and what briefing schedule is set by the court.”
Steve Levine, chief compliance officer for Ignite Consulting, praised the ruling but warned against spiking the football.
“I think the 5th Circuit decision was correct, the FTC failed to issue an advance notice of rulemaking,” he said.
“I’m a bit hesitant to celebrate, though, because while it’s unlikely the new FTC Chairman will undertake new rulemaking, the FTC has taken the position that much of the proposed rules are already the law.
“I also expect to see many states adopt these concepts as their own, and some state legislatures may amend their own laws, as (recently fired) CFPB Director Chopra encouraged.
“So bottom line, it’s a wonderful victory, but the sharks are still circling.”
Johnson agreed that the next battle will likely be at the state level.
“I fear we’ll have to deal with a 50-headed monster if/when the states take up the mantle from the FTC,” Johnson said. “Maybe not all 50 states, but certainly the democrat run states.”
At press time, no announcement had been made on whether the FTC will appeal the decision.
Wholesale Markets
2/17/2025
MONTANA
Jake Gertsch, sales manager, Auto Auction of Montana, Billings, Mt.
“Today we’re plowing snow like usual, we’ve had some snow recently. Actually, 2024 was a pretty good year overall. Steady.
“It was a little more predictable market than we’ve had in previous years, so it was a good year overall.
“To be honest, the holidays made it tough, because our sale day is Wednesday and Christmas and New Year’s, which meant both holidays fell on our sale day.
“That meant we had two weeks where we didn’t run an auction, which is tricky.
“But outside of that, to be honest, December and January stayed pretty steady.
“You know, a lot of times we see the market really fall off in December, but it seemed like it was pretty steady
during the weeks that we ran.
“I also think not having an auction for two weeks meant that when we opened back up in January, those first two sales were really good.
“We run about 500 to 600 vehicles per week. We’ve been averaging 60% to 65% conversion rates.
“That’s about where we hang. That’s the other thing about those January sales, we ran over 70%.
“Dealers in the lanes are saying the same thing. Everything’s pretty steady. You know, nobody’s lighting anything on fire, but nobody’s crying the blues either, But when we get these winter storms like we have now (Feb. 7), that kind of shuts things down.
“Most dealers I’ve talked to said this January was better than last January. So that’s all we can hope for,
improvement as we go forward, especially coming out of the COVID years.
“Our fleet lane usually has 160 to 180 cars and I’d say 130 of these are true fleet cars.
“Some of the other stuff might be dealer stuff that ends up there, our other three lanes.
“I haven’t looked for a bit, but I think our average sale price in the lanes is $28,000 to $30,000.
“We have a GSA sale. They typically run once a month 50 or 60 units. They’re a mix of vehicles.
“That’s the nice thing about GSA sales is that there is a little bit different vehicle and a lot of them 3-5 years old.
“It’s a public sale but the dealers buy 95% of them and it’s the same dealers so they must do well on the retail side.”
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NEBRASKA
Ryan Durst, vice president, Lincoln Auto Auction LLC, Waverly, Neb.
“We just had a sale on Feb. 5, but we had a lot of ice and we were a little light on inventory. We had a little over 79% sale.
“As far as volume, we’re running about 250ish, per sale. For the year 2024, we ran our highest average percentage for a year at 79%.
“We just got a good combination of buyers and sellers, so we don’t waste anybody’s time.
“Our volumes are 90% dealer consignment. It never really fluctuates that much. We might get an influx of fleet stuff or repos and then it gets dry.
“We’ve have had a huge influx of repos in the last month for some reason. We can hold 200 cars on one of our lots, but it is full.
Compiled by Jeffrey Bellant
“We are getting 200 to 225 dealers in the lanes. Online would be another 40 to 70.
“Our average price on the lot is $6,100.
“Dealers are telling be retail has really fallen off. Some of the independents are doing OK, but the newcar stores are struggling; shortage of cars, shortage of trades for the auction. It’s a trickle-down effect. I don’t know what the deal is. I think it will pick up for tax season.
“We have a GSA sale every month. It’s a little light now, but it’s usually 40 to 70 a month. It’s a little higher in spring and summer.
“Last year, we were just really consistent all year. I think we put together one of the best years we’ve had, just across the board. I’m confident going forward. I think a majority of people are cautiously (optimistic).”
Retail Markets
2/17/2025
ALABAMA
Jeff Noojin, owner, WeNo Cars, Arab, Ala.
“I’ve been full time in this business since 2002.
“2024 was a tough year. In my personal opinion, in ’25 we’re going to see a realignment in the market. Cars and trucks got super inflated during COVID. Up until this point, we’ve been seeing the market decline. Car values are coming back down.
“It’s a little tough for financing right now. Especially for the used cars that I sell. I think the first half of the year will be a little tough, but we’ll see some healing before the end of the year.
“We’re small, so we usually keep 15-25 cars in inventory. We sell an average of 13 a month.
“Trucks are popular, but I sell a lot of smaller cars to school kids, starter cars. I’m close to Huntsville, Ala-
bama, so I sell cars for people to commute back and forth. We do SUVs for families. In our area, trucks are always popular, we’ve got farmers.
“I still go to auctions in person, but I’ve drawn back a little bit. I also have a repair business. Just this past year I’ve become more wholesale than retail.
“If you recondition a car correctly, you’re going to spend $1,500 in today’s world. Most of the vehicles I sell are going to have over 100,000 miles on it.
“During tax time you can get a couple thousand dollars as a down payment. Other times, if you can squeeze $500 out of a customer, you’re doing really great. Things changed for me last year because of the Black Book prices. Our credit union used to do 130 percent of retail value, now they’ll do 110 percent. And when you
pass that 100 percent mark the interest will change. In the past most of the vehicles I sold I could get through a credit union at 100% with no down payment.
“We do the basics in advertising. You can do a car search on my website. I’ve done some radio advertising, never done any TV.
“A lot of my business is repeat. I’m 58 years old, everyone around here knows me. If you sell a car and there’s a problem you take care of it.
“The last car I sold was a 2001 long-bed Chevy truck with over 200,000 miles, for $3800. Then I sold a church bus and right in front of me I’ve got a ’98 SS Camaro convertible, six-speed with 59,000 miles on it. That’s the full spectrum there.”
GEORGIA
Rondis Cavender, owner, Cavender Auto Sales,
Gainesville, Ga.
“I’ve been in business 28 years.
“I’m a buy-here, pay-here dealer and, as far as financing, I think 2025 is going to be a great year. I’m bullish on the new administration.
“We keep about 80 cars in inventory and we sell about 80 a month. So, we kind of have a buy one, sell one model.
“We don’t do a lot of trucks, we do sell a lot of SUVs, sedans, things of that nature. We’d like to do more trucks but they don’t really fall into our price point.
“We go to auctions in person, we buy some online, but mostly we buy in-lane.
COVID shut us down, so we adapted and had to buy online. It broadened our scope.
“A down payment with us is about $850.
“Reconditioning is something you’ve got to keep
Compiled by Ed Fitzgerald
your eye on. Part prices and delays have increased since COVID. We spend about $1,000 on reconditioning. We have our own shop so we can keep the costs down.
“Typically, we’re looking for a vehicle about 7-9 years old. But it’s really what fits our financing model.
“All of our vehicles go through rigorous servicing by certified mechanics.
“I’d recommend that new dealers get involved, go to these conventions, go to these conferences. Participate in your state associations. You can make a lot of good contacts and meet a lot of smart people. Georgia has a really strong association. I think it’s first in the country, as far as participation.
“The last car we sold was a 2016 Kia Seoul with 77,000 miles. We sold it for about our average sale price, which is $12,900.”
2/17/2025
2020
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Disconnected Jottings From
Tony Moorby
I don’t write about my political views anymore. It’s like a bad dinner table subject, along with sex, religion or money; best avoided for fear of upsetting others’ sensitivities in company.
In this day and age, I’d offend at least fifty percent of our readers and that’s far from being my job – rather an observer than a commentator.
Many of my inclinations have changed over the years anyway so I try to maintain an open-mindedness to accommodate the feelings of others.
The world continues to spin, maybe not out of control but the axis seems to be decidedly wobbly sometimes.
Sitting in reasonably retired comfort in a quiet neck of the woods of the ‘Coastal Empire’, the fickle fingers of current affairs can still qui-
etly tap you on the shoulder or grab you by the throat with both hands. An earthquake tremor off the coast of Maine; interesting but not earth-shattering (sorry about the pun) as no one suffered dire consequences – so a mere nod to the news and life continues here at its gentle Southern pace.
The weather, on the other hand, has got everyone’s attention whichever coast you look at.
The unthinkable devastation of the California fires has touched hearts and minds of the nation and has proven that economic circumstances are of no consequence to Mother Nature’s wrath. Towns full of multimillion-dollar mansions being as fragile as a farmer’s barn.
Water and its management were found seriously wanting there, whereas
By Myles Mellor
the mountains of East Tennessee and North Carolina couldn’t handle the rain run-off of a thousand-year tempest with equally devastating results.
Lives and possessions are still unaccounted for after six long months.
Five inches of ice and snow; no problem in Buffalo, brought our neck of the woods to a standstill for days. The last 3” snowfall was in 1971!!
People who moan about a heavy frost didn’t know what to do except raid the grocery stores of eggs, milk and bread. Why those particular products? No idea but it seems to be standard operating procedure in the South.
It’s far too easy to complain of a shortage here and there until you realize the rigors of reaching the meagerest supplies for families
in parts of the world at war.
We still have it fairly easy by almost any measure yet we complain when toilet rolls are hard to get.
Heaven forbid we should resort to the use of a Sears Roebuck catalogue!
As we peel back the onion skins of coming economic policies, bearing in mind that economics is a lot like physics; every action has an equal and opposite reaction.
I believe we may see the frailty of some of the standards we’ve accepted in the past.
Some have been slipping for a while now. Civility seems to be as rare as hens’ teeth.
Some of us may remember the reaction of our society in the days following the bombings of The World Trade Center on 9/11. People were excruciatingly nice to one another at the same
as Middle Eastern
society was unravelling, fueled by warmongering politicians of the time.
I’ve said before that history repeats itself because we don’t learn from it and early indications seem to point to continued global turmoil. Let’s hope for new beginnings in this new year.
