MOTION TO STAY THE FTC’S VEHICLE SHOPPING RULE After a rushed, utterly flawed and what some believe is an illegal process, the Federal Trade Commission unexpectedly released its final Vehicle Shopping Rule, now called the Combating Auto Retail Scams (CARS) Rule, which takes effect July 30, 2024. In response to comments submitted by NADA and state and metro dealer associations, the FTC scaled back the proposed rule in several important ways. Among other changes, the FTC eliminated requirements that dealers: • Maintain on their website a list of all “add-on” products offered and the price of each such product; • Provide a series of written disclosures related to the sale of “add-on” products; and • Retain copies of “add-on” lists and documents describing “add-on” products offered to consumers. The changes, though good, are not sufficient. And because the FTC has continually failed to justify the wholesale changes as to the way Americans shop for and purchase new cars, NADA was left with no choice but to seek legal relief to prevent this rule from taking effect. The final rule would still impose several new problematic oral and written disclosures, numerous ill-defined requirements and additional burdensome record-keeping obligations. 22 KENTUCKY AUTO DEALER
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