Understanding Risk-based Pricing Rules
Risk-based pricing occurs when the price and terms of credit offered to a particular consumer are based on the risk of nonpayment by that consumer. Many industries issue credit based on risk: the credit card industry, the mortgage industry, and last, but certainly not least, those in the automobile industry. Therefore, all credit card agencies, mortgage brokers and companies, and automobile and power sports dealerships are directly affected.
FTC, FRB Issue Ruling
According to the new ruling, finalized by the Federal Trade Commission and Federal Reserve Board, effective January 1, 2011, creditors in the financial services industries are required to supply what is called a Risk-Based Pricing Notice (RBPN) to credit applicants whenever the creditor uses a credit report or score to extend credit that results in loans or credit containing higher interest rates or other terms contrary to what other consumers with optimum credit worthiness would have received.
The ruling of issuing an RBPN came about as a result of a gap created by the Adverse Action Notice, which was only issued to applicants upon the denial of credit. As the law stands, consumers who receive credit or have been approved for a loan with higher APRs or other less-than-optimal terms are given no such notification that their higher loan rates or terms are most likely a result of something on their credit report.
The RBPN is designed, among other things, to improve the accuracy of consumer reports by alerting consumers to the existence of negative information on their credit reports so that, if they so choose, they can attempt to correct any inaccurate information.
Actions for Dealers
The new risk-based pricing rule recommends using one of three methods to determine which consumers should receive the notice:
Direct comparison method
Credit score proxy method
Tiered pricing method
Under the direct comparison method, an applicant's terms (APR) are compared against other applicants' terms (APRs). An RBPN would be delivered if the current applicant’s terms are "materially less favorable" than the terms offered to a "substantial portion" of your other applicants.
Unfortunately, it may not be operationally feasible for a dealership to do this and the FTC and FRB recognized this. So, because of the difficulty of applying the direct comparison method, two other alternative (or short-cut) methods as mentioned previously were suggested: the credit score proxy method and the tiered pricing method.
The credit score proxy method requires that the dealership provide an RBPN to every applicant who falls below a pre-determined “cut-off.” And, the tiered pricing method requires that a dealership, which categorizes applicants according to tiers, should provide a notice to everyone who does not fall within the top one or two tiers that comprise no less than 30 percent and no more than 40 percent of the total number of tiers.
Unfortunately, none of these methods offers a simple, user-friendly way to identify who is to receive the notice and who is not. To make things even more complicated, according to Robert Harkins, president of HH&O Consulting Group, "It can be a costly endeavor for a dealership to comply depending on the method chosen."
Exception to the Rule
Lucky for those of us placed with the responsibility of adhering to yet another government ruling, the FTC and FRB, having been strongly influenced by officials with NADA, offer an alternative (or exemption) to the RBPN. The exemption notice allows creditors the option of providing consumers who apply for credit with a "Credit Score Disclosure Exemption Notice" in lieu of the RBPN.
Among other required information, the Credit Score Disclosure Notice includes the consumer's credit score, source of the credit score, a range of scores with information on how lenders use their scores and a written or graphic description of the consumer's position compared to other applicants. The ruling states that as long as dealers provide a Credit Score Disclosure Exemption Notice to every applicant, they are exempt from having to provide the RBPN.
In light of what may seem daunting, the goal here is to help make consumers more aware of their credit standing, especially if the cost of borrowing money is going to cost them more in the long run.
David Robertson, executive director of AFIP, summarized the goal of the ruling: "Whether a dealer uses one of the suggested methods of determining which clients receive a Risk-Based Pricing Notice, or utilizes the Exception Rule by providing a Credit Score Disclosure Notice to their customers, either method moves credit score awareness to the forefront versus the Adverse Action Notice that occurs after the credit is denied."
More Industry

Penske Auto Group Deal a Record
The deal to take the dealership and transportation services company private sets a new pace for industry buy-sell transactions.
Read More →
War Toll a Damper on Used Auto Prices
Cox Automotive found wholesale depreciation to be elevated in September amid high fuel prices and this year's unusual hurricane season.
Read More →
Bridge the Maintenance Gap
With many drivers missing recommended maintenance, service departments offering transparency and efficiency have a better chance of reaching financially strained consumers.
Read More →
California Store Has New Owner
The longtime dealership in the northern part of the state is known for robust fleet sales and has served the state capital for 115 years.
Read More →
BMW Plant Pursues Cleaner Energy
BMW Group Plant Leipzig has utilized hydrogen to help power its production since 2013, but a new pipeline is planned to take it to another level.
Read More →
Auto Affordability Inches Up
The latest Cox Automotive and Moody’s Analytics index shows a slight increase in new-vehicle affordability despite high prices.
Read More →
Ohio Auto Group Under New Ownership
After 79 years with the Schluter family, Mansfield Auto Group has been acquired by Missouri-based Clement Auto Group.
Read More →
RV Group Expands Carolina Footprint
Blue Compass RV Columbia Northeast is the 13th RV dealership owned by Blue Compass in the Carolinas.
Read More →
Agent Acumen
An Agent Summit panel of people who’ve been supporting auto dealers for years gave both timely and timeless advice for those starting out or mulling the prospect.
Read More →
Missed Maintenance Creates Opportunity
As families get back on the road and into daily school routines, service drives have an opportunity to capture customers who are behind on recommended vehicle maintenance.
Read More →