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Lowell Sun - 2005-11-04

Bill would trim finance fees charged by car dealers

By Annie Sherman
Lowell Sun
November 4, 2005

BOSTON -- Car buyers beware: Some dealers may be charging more than they should be in finance fees and skimming off the top -- practices that could cost buyers thousands of dollars more through the life of the loan, advocates warn.

Legislation aimed at curbing these dealer markups is gaining speed on Beacon Hill, and advocates say it's about time consumers get protection from deceitful sales strategies.

“This is an issue for everyone buying a new car,” said state Sen. Jarrett Barrios, a Cambridge Democrat who is lead sponsor of the legislation.

“One in four consumers pays these higher fees, but they don't realize it's happening,” Barrios said. “How can you shop for a car if you're not getting an accurate quote?”

The Joint Committee on Consumer Protection and Professional Licensure heard testimony on the legislation last week. The bill would limit the interest rate that car dealers charge customers when financing a car.

Dealers would have to disclose the credit score used to calculate the interest rate, as well as the rate the consumer would actually pay and the cost of arranging the financing. The bill would limit the financing costs to 0.5 percent, or $150, whichever is less.

The Consumer Federation of America reported last year that at General Motors Acceptance Corp., the nation's second-largest auto lender, 26 percent of financed transactions received the markup, costing consumers an extra $421 million between January 1999 and April 2003.

The CFA also reported that finance markup charges showed signs of racial profiling. The federation said Hispanic and African-American car buyers pay more for financing than white customers. In the case of GMAC, more than half of all African-American car buyers were charged the markup, compared to 28 percent of whites.

Consumer advocate Eric Bourassa called it discrimination.

“This is a deceptive lending practice,” he said in an interview outside the hearing room. “They're in cahoots with the lender and many consumers are affected.”

He advised car buyers to know their rights when shopping for a car, including knowing your credit score and how that score will affect your interest rate. Bourassa said that if the rate offered by the dealer is higher than the one offered by a bank, you've probably paid too much.

“Car dealers say they are just compensating themselves for providing a service,” Bourassa said, “but really they're ripping off consumers with an undisclosed back-door fee.”

Car dealers argue that the bill does not require credit unions to provide customers with the same disclosures if they were to finance their vehicles that way.

Joann Sueltenfuss, executive director of the Massachusetts Independent Auto Dealers Association, said the bill put auto dealers at a “competitive disadvantage” with credit unions because only the rate the auto dealers charged would be capped.
She denied that race or ethnicity were a factor when auto dealers provide financing to customers.

“Money is lent based on the current credit status of the buyer. If the buyer has a better credit rating, they will get a better rate,” Sueltenfuss said.

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