16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604 #563688-00111

Submission Number:
563688-00111
Commenter:
Scott  Kaufman
Organization:
Kaufman Law Offices, Inc.
State:
California
Initiative Name:
16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604
I am very concerned about the proposed changes to the FTC rules re: used cars. They allow dealers to check a box on the back of the Buyer's Guide as to the existence or not of a manufacturer's warranty in effect. Allowing notice on the back of a posted document is not likely to get this important information seen, especially since the general rule is for the document to be posted ON the car, facing out. The changes actually require dealers to provide misleading, inaccurate, sweeping, blanket advice, to consumers, judges, and others regarding the meaning of "AS IS" sales. This may discourage consumers with valid legal claims from even seeking legal advice from consumer advocates. The existing language is misleading and the changes even more misleading. There exists now an entire body of case law establishing an "AS IS" sale is not a shield against a fraud. The proposed language almost rubber stamps fraud! The dealers are all in favor of this change as if the FTC itself states that the dealer is not responsible, regardless of the facts of the individual case, regardless of what state law may hold, and regardless of what information state AGs, consumer advocates, and/or consumer protection attorneys provide consumers, the dealers will have an entirely new weapon to validate their frauds on the public, setting consumer protection back decades re: preventing and policing fraud. The changes fail even require dealers to inspect vehicles prior to sale to determine their condition, or even whether the vehicles are safe and fit to drive. They fails to require dealers to even disclose KNOWN vehicle defects, abrogating literally hundreds of years of fraud law re: duty to disclose material issues. As poor as the current model is, at least with regard to protecting the interests of consumers, it is far preferable to the proposed changes...