In the Matter of General Motors LLC, File Number 152-3101
I am a lawyer who represents consumers in cases involving auto dealer fraud and warranty cases. I have been doing this work for 18 years and have been admitted to the bar since 1987. I am writing because I am gratified to know that the FTC has started to crack down on dealers who sell unsafe recalled used cars as "certified." When a vehicle is "certified", the public generally understands that its history, background, and condition have been checked and that the vehicle is safe and mechanically sound. I was chagrined to learn, however, that this proposed settlement will permit car dealers to continue to "certify" cars with open recalls provided that they "clearly disclose" the fact. o the inspection claims." Research shows that consumers do not scrutinize the details of written disclosures, particularly amidst the sea of paperwork presented to them. One dealer practice that I have observed through my interview of thousands of consumers is keeping the consumer waiting for as long as 10 hours before making documents available to sign. A fatigued and hungry consumer can be rushed throught the documents and not notice this disclosure. Dealerships charge premium prices for "certified" cars, and they are able to do so because the public preceives certified cars to be of higher quality. And, they believe them to be safe. Many, many consumers have expressed this view to me. Cars with outstanding safety recalls should not be sold, period. And, there is no way that they should be sold as "certified" vehicles.