Category: Compliance

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Compliance

CFPB Upheaval

Contributing Author: Steve Roennau Vice President Compliance EFG Companies
Contributing Author:
Steve Roennau
Vice President
Compliance
EFG Companies

The Consumer Financial Protection Bureau (CFPB) had a busy first quarter of 2017 defending itself. In Q4 of 2016, the U.S. Court of Appeals for the District of Columbia ruled the CFPB “unconstitutionally structured”. In Q1 of this year, the CFPB began the appeal process and it’s not looking too good for them.

Among those supporting the unconstitutional ruling are:

  • The Department of Justice (DOJ)
  • 15 state Attorneys General
  • American Financial Services Association (AFSA)

The DOJ stated that the ruling should be upheld in its entirety, including the remedy to give President Trump full authority to remove the CFPB’s director at will. In addition, the AFSA submitted a list of other suggested regulatory reforms for the CFPB to the Trump administration.

While the CFPB has been granted a rehearing of the initial case that determined the unconstitutional ruling, the regulatory agency has still had its powers significantly curbed, specifically in the case of Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

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Compliance

Online Reviews and Compliance

Contributing Author: Steve Roennau Vice President Compliance EFG Companies
Contributing Author:
Steve Roennau
Vice President
Compliance
EFG Companies

Over the last few years, dealers have been working hard to establish a positive online presence beyond just their website. It’s become standard practice for dealerships to be listed on websites like DealerRater, Cars.com, Edmunds.com, Yelp, and Google. The reason behind these listings is to build trust online and develop a brand presence.

After all, according to Autotrader’s Car Buyer Journey study, 60 percent of the time spent in the car buying process is in online research, with 78 percent using third-party sites or apps during the car buying process. Now, you’re probably asking yourself, what does this have to do with compliance?

In this highly integrated world of online reviews and social media, it can be tempting for dealerships to use cookie cutter, online review vendors to boost positive reviews while minimizing negative reviews. For example, one widely used tactic is asking customers to leave a review while in the dealership, on a device provided by their sales or finance manager, which puts extra pressure on the customer to leave a positive review.

Another tactic that has been used across all industries includes using contract provisions, including online terms and conditions, to penalize consumers for posting negative reviews or complaints. This specific tactic has been ruled as illegal under the Consumer Review Fairness Act (CRFA), which protects people’s ability to share in any forum their honest opinions about a business. Specifically, the CFRA makes it illegal for a company to use a contract provision that:

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Compliance EFG Companies Featured

EFG Companies Enables Dealers to Achieve Greater Compliant Profitability with Common Sense Compliance

Compliance Platform Breaks Through Legalese with Practical, Actionable Information

Common Sense ComplianceEFG Companies, the innovator behind the award-winning Hyundai Assurance program, today announced the launch of the company’s Common Sense Compliance® platform. The Common Sense Compliance platform was designed to ease the challenges facing retail automotive dealers and take the difficulty out of compliance by presenting the principles of compliance in an easy-to-understand manner, using layperson language with practical recommendations. For more information, visit http://bit.ly/2mjbvlI.

“We are in a period of immense change, with shifting consumer demands, a technology revolution and increased compliance oversight,” said John Pappanastos, President and CEO of EFG Companies. “This Common Sense Compliance platform better enables us to help dealers take ownership of the management of a compliant yet profitable business. At EFG, we pride ourselves in advancing the industry through our client engagement model.  This platform marks another step towards achieving that goal.”

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