16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604
The proposed changes to the Used Car Rule are not in the best interest of the consuming public, and even appear to be written to protect fraudulent dealers from liability. For example, your proposed rule would allow dealers in states permitting "as is" sales, like Texas where I reside and practice law, to provide a notice stating "AS IS - NO DEALER WARRANTY THE DEALER WON'T PAY FOR ANY REPAIRS The dealer is not responsible for any repairs regardless of what anybody tells you." That is a blatant misstatement of the law in Texas, because under our Deceptive Trade Practices Act or even common law fraud consumers can sue for misrepresentations inducing an auto purchase where the cost of repair could be the measure of damages. As such, the proposed notice is telling consumers they have no claim for repair damages, even when there is a valid misrepresentation claim. While you are under no obligation to take my statements seriously, please take note that I have practiced law for 33 years in Texas, have been Board-certified in Consumer Law for 15 years, have been AV-rated for some time, and concentrated in consumer law for all but the first 5 years of my career. I have represented consumers in court both in legal aid and as a private attorney, and I have been involved in public enforcement of the Texas DTPA as an assistant attorney general in the Texas Attorney General's Consumer Protection Division for 12 years from 1985 to 1997. I urge you to seek far more input from practicing consumer lawyers before you seek to implement the proposed changes to the Used Car Rule. Thanks in advance for your consideration.