FTC Targets Document Retention
The Federal Trade Commission has proposed new regulations that target dealership ads and F&I practices.

The requirements will compel dealerships to keep multiple new categories of documents beyond what’s typically required.
The Federal Trade Commission (FTC) has proposed new regulations that target dealership ads and F&I practices, which National Automobile Dealers Association purports will dramatically expand document retention needs across the industry.
Though the record-keeping rules would include documents dealers already save, but dealers would have to keep them longer. The FTC regulations also recommend retaining text messages between salespeople and consumers.
Dealerships would need to keep multiple records for 24 months under the proposed regulations. This includes:
- Advertisements, sales scripts, training and marketing materials that pertain to price, financing or leasing vehicles. A representative example will pass must if ads are fairly consistent and show the same financing terms.
- Purchase orders, financing and lease documents signed by consumers, whether or not the dealership approves them for financing or lease transactions.
- Written communications relating to sales, financing, or leasing through the dealership with any consumer who signs a purchase order or financing or lease contract.
- Records proving F&I products and physical aftermarket vehicle add-ons comply with regulations.
- Copies of all written consumer complaints pertaining to sales, financing or leasing, inquiries related to add-ons, and inquiries and responses about models covered by the rules.
These requirements will compel dealerships to keep multiple new categories of documents beyond what’s typically required.
The FTC maintains “These record-keeping provisions are necessary to ensure that dealers make required disclosures under the Rule. They will also assist the Commission in assessing dealers' compliance with the Rule and help to ensure its effectiveness. These record-keeping obligations are consistent with and similar to requirements included in similar Commission disclosure rules."
Industry experts suggest keeping texts is impractical and places a financial burden on dealerships, who must issue electronic devices to staff to meet these requirements. They say dealerships cannot gain access to texts on personal phones unless their employees waive their right to privacy and granted device access to their employers.
They also say it will be technologically difficult to preserve materially different documents without software to track every alteration.
The FTC has not yet responded to these concerns.
Some state consumer privacy laws contain exemptions to document retention under the Gramm-Leach-Bliley Act. These laws may reduce the burden on dealerships to manage individual pieces of data.
Originally posted on Auto Dealer Today
More Industry

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 →
Mitsubishi Unveils U.S. Plan
The automaker announced a strategy that includes an expanded lineup and dealership presence, along with more ‘rugged’ and electric models.
Read More →