Public Roundtables: Protecting Consumers in the Sale and Leasing of Motor Vehicles, Project No. P104811 #00060

Submission Number:
00060
Commenter:
Dale Irwin
Organization:
Slough Connealy Irwin & Madden LLC
State:
Missouri
Initiative Name:
Public Roundtables: Protecting Consumers in the Sale and Leasing of Motor Vehicles, Project No. P104811

I have practiced consumer protection law for nearly 40 years, first from 1973 to 1981 with Legal Aid of Western Missouri, then in private practice with my current firm since. The kinds of problems I have seen that cry out for scrutiny and regulation include: (1) buy-here-pay-here dealership/finance company combo repossession churning mills engaged in self-dealing in repossession sales, (2) fraudulent sale of cars with previous substantial damage and repairs (often using inaccurate "clean" Carfaxes to perpetrate the fraud), (3) fraudulent sale of cars absent transfer of title to the buyer, (4) yo-yo car sale transactions, (5) payment packing, (6) fraudulent sale of duplicative extended warranty coverage on new cars, and (7) the widespread use of arbitration clauses to handcuff consumers by taking away their right to a jury trial (especially revolting, given the car dealers' successful attempt in 2000 to get Congress to amend the Federal Arbitration Act to ban arbitration clauses in dealer/manufacturer franchise agreements (and the NADA lobbyist's letter to Rep. Nadler (attached) saying the NADA does not support arbitration clauses in consumer contracts).