Low-income families can sometimes find themselves desperate
to get financing for a new-to-them used vehicle. They may be swayed by low
monthly payments or interest-only subprime auto loans. But these lending
options come with big strings attached, and sometimes the lenders don’t lay
everything on the table.
There hasn’t been much good news for consumers coming out of
the Consumer Financial Protection Bureau (CFPB) recently. Regulators haven’t
been doing much in the way of new lawsuits or other regulatory action. But on
August 29, 2018, the CFPB showed some life, announcing a settlement with the
European auto lender Banco Santander SA for consumer protection violations
related to its interest-only subprime auto loans.
Santander Fails to Protect Consumers Against Mounting Debt
The CFPB said the Spanish bank’s affiliate, Santander
Consumer USA Holdings Inc., was misleading consumers looking for low-cost auto
lending options. The company allowed
borrowers to make interest-only monthly payments on their subprime
auto loans under the “Temporary Reduction in Payment Plan” (TRIPP) without
explaining that the option would increase the total cost of the loan in the
long run. The lender also sold consumers “guaranteed auto protection” (GAP)
insurance without telling them the benefits would not always cover the cost of
replacing the car after an accident.
Why Interest-Only Subprime Auto Loans Are a Bad Deal
Interest-only subprime auto loans can be enticing for used
car buyers. They promise borrowers low monthly payments, allowing them to buy
cars they wouldn’t otherwise be able to afford. But if borrowers only ever pay
the interest on the loan, they will never pay it off. Until a borrower goes
above the monthly interest, the principle amount still remains untouched, and
will continue earning interest year after year.
And subprime loans come with a lot of interest. More than 70%
of subprime borrowers pay more than 10% interest on their auto loans.
That means for every $100 they borrow, they will pay an additional $10 every
month in interest. In some cases where loans are initiated at the dealership, those
rates can go as high as 30%. When borrows fall behind on all that
interest, they can also face steep penalty interest and late fees, making it
even harder to get out of debt.
Interest-Only Subprime Auto Loans Take Advantage of Low-Income Families
Part of the problem with interest-only subprime auto loans
is that they target the people least able to understand these terms. Low-income
families with little or poor credit history are not able to secure traditional
financing through their banks, so they turn to the dealerships and third-part
lenders like Santander. The “buy here, pay here” dealers push buyers to sign on
for high-interest subprime auto loans, often based on the promise of low
monthly payments.
Because of these borrowers’ history, they may never have
learned about how credit works. Others have had problems with debt in the past.
If they have not learned from their mistakes, interest-only subprime auto loans
can cause these families to get into a cycle of debt they can’t afford, and
can’t escape.
Santander Settlement Avoids Lawsuit with Little Promise of More Protection
The CFPB’s investigation of Santander
started over a year ago. Investigator Richard Cordray had been ready to sue the
bank for misleading American consumers. But instead, the CFPB chose
to settle, allowing Santander to pay a fine and promise increased
protections, without ongoing supervision.
Two days later, Santander announced its chief
executive, Jason Kulas, was stepping down. However, he was being replaced by
Scott Powell, who was already an executive with the company. This makes it
unlikely consumers will see any real change under the new leadership.
Interest-only subprime auto loans are deals that are too
good to be true. Unless the CFPB and other
consumer protection advocates are there to make sure borrowers know what
they’re getting in for, they could be taken for a ride and charged far more
than their cars are worth.
Dani K. Liblang is a consumer
protection lawyer at The Liblang Law Firm, PC, in Birmingham,
Michigan. She helps the victims of subprime auto loans escape harassment by debt
collectors. If your used car has turned out to be a rebuilt wreck, contact
The Liblang Law Firm today for a free consultation.
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