A Landmark Victory for Dealers: The FTC’s CARS Rule Vacated

January 28, 2025 3 min read

The automotive industry recently witnessed a pivotal moment as the Fifth Circuit Court of Appeals ruled in favor of the National Automobile Dealers Association (NADA) and the Texas Automobile Dealers Association, vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams (CARS) Rule. This decision comes after extensive debate and is set to have profound implications for auto dealerships across the nation.

Let’s break down the ruling, its significance, and what it means for dealers navigating the regulatory landscape.

Understanding the CARS Rule

The FTC introduced the CARS Rule in 2024, aiming to address consumer complaints and eliminate deceptive practices in auto retail. Key provisions included:

  1. Prohibition of Misrepresentations: Dealers were restricted from making misleading claims about pricing, financing, and rebates.
  2. Mandatory Disclosures: Dealers were required to provide clear pricing information, disclose unnecessary add-ons, and explain monthly payment structures.
  3. Ban on Valueless Add-Ons: Any product or service that duplicated existing coverage, like extended warranties, was prohibited.
  4. Express Consent Requirements: Dealers could only charge for items explicitly approved by the customer.

While the intentions behind the rule were laudable, many in the dealer community voiced concerns about the feasibility, cost, and potential for overreach in its implementation.

Why Was the Rule Vacated?

The court’s decision to vacate the CARS Rule primarily rested on procedural grounds. According to the Fifth Circuit, the FTC violated its own regulations by bypassing an Advance Notice of Proposed Rulemaking (ANPRM), a step designed to gather input from stakeholders early in the process (source). By skipping this step, the FTC limited the ability of dealers and other affected parties to contribute meaningfully to the rulemaking process (source).

The court also highlighted flaws in the FTC’s cost-benefit analysis and emphasized the importance of adhering to procedural safeguards to ensure fair rulemaking (source).

What This Means for Dealers

This decision is a major win for dealerships, representing more than just a procedural victory—it reinforces the principle that regulators must engage with the industries they oversee.

Here are the key takeaways for dealers:

  1. Relief from Costly Compliance: Dealers can breathe a sigh of relief knowing they are not immediately bound by the extensive compliance requirements of the CARS Rule.
  2. A Seat at the Table: This ruling underscores the importance of dealer input in shaping fair and practical regulations. The industry’s collective voice, led by NADA and others, has proven its strength in ensuring balanced oversight.
  3. A Renewed Focus on Self-Regulation: With the CARS Rule vacated, dealerships have an opportunity to proactively demonstrate their commitment to transparent practices without the burden of regulatory mandates.

Looking Ahead: The Role of Technology

While this victory is significant, it also serves as a reminder of the evolving expectations in the auto retail landscape. Transparency, efficiency, and customer-centric approaches are no longer optional—they are critical for success.

Dealers looking to stay ahead of the curve should leverage technology to simplify operations and improve customer experiences. This is where platforms like Hrizn Composer shine.

Hrizn Composer empowers dealerships to:

  • Generate SEO-optimized content for inventory, landing pages, and social media in minutes.
  • Enhance customer engagement with localized, unique descriptions and insights.
  • Streamline compliance with tools designed for transparency and accuracy (source).

By combining compliance efforts with cutting-edge tools, dealerships can ensure they are prepared for any future regulatory developments while enhancing their market position.

The Verdict

The Fifth Circuit’s decision to vacate the FTC’s CARS Rule is a triumph for dealers nationwide, emphasizing the importance of collaboration, fairness, and due process in rulemaking. As the industry navigates these changes, dealerships have a golden opportunity to lead the way in adopting best practices and leveraging technology to meet customer and market demands.

The future of auto retail belongs to those who adapt. Stay informed, stay proactive, and let innovation drive your success. Explore how Hrizn Composer can help you turn challenges into opportunities for growth.

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