Compliance Firm Advises Dealers to Review Arbitration Clauses
Automotive Compliance Consultants warned dealers this week to review their arbitration clauses in their finance contracts. The firm says such language is coming under scrutiny from courts and regulators.
CRYSTAL LAKE, Ill. — David R. Missimer, general counsel for Automotive Compliance Consultants, which specializes in dealership compliance, advised auto dealers today to review their arbitration clause language used in their finance contracts.
Missimer issued his warning in response to the way courts are viewing finance contract language, as well as the pressure such clauses are getting from consumer groups and the Consumer Financial Protection Bureau (CFPB).
“The purpose of an arbitration clause is to keep a customer’s suit against a dealership from becoming the basis of a class action,” Missimer said. “But the CFPB is busy looking at arbitration clauses and both federal and state courts are reviewing such clauses with more scrutiny. It would be prudent for any dealer to review the arbitration clause now being used and make sure it will keep the dealership out of the court system and a class action when the time comes.”
Missimer noted that some courts have begun to review arbitration clauses as unconscionable and are looking for any ambiguity to find them nonbinding. The California Supreme Court is currently considering a case involving arbitration clauses. It has stayed action on a number of California Appellate Court Cases striking down arbitration clauses.
“An arbitration clause drafted in accordance with the Federal Arbitration Act requires disputes to be resolved before an arbitrator and precludes class actions by prohibiting class arbitration,” Missimer said. “Consumer groups object to the use of mandatory arbitration and are lobbying the CFPB hard to pass rules and regulations to limit the use of arbitration in consumer loan transactions.”
Missimer and Automotive Compliance Consultants noted that mandatory arbitration clauses should be based upon the Federal Arbitration Act, which preempts state law. The compliance expert also offered the following recommendations:
• Be clear and concise on any waivers including waiving the right to participate as a class representative or class member.
• Make the arbitration provision of the contract conspicuous, and consider highlighting through bold or different size type any waivers of legal rights like class action waivers.
• The agreement should be balanced and not pro seller.
• Avoid provisions and arbitration organizations that would make it financially burdensome for consumers to arbitrate.
• Clearly define any legal remedies not subject to arbitration like self-help remedies, or proceeding in small claims courts.
Missimer advised dealers to have their legal counsel review the arbitration clause language used in their documents. To learn more, contact Missimer at dmissimer@compliantnow.com.
More Auto Finance

Automotive Consumers Sink Further in Debt
Most financing metrics hit records in the second quarter as more buyers locked themselves into long terms and high monthly payments.
Read More →
Porsche Financial Services Shifts Structure
After 36 years with Porsche, the Financial Services Chief Financial Officer Konrad Riedl is retiring, and the department is realigning its management structure.
Read More →
Tariffs Could Raise Insurance Premiums
As U.S. import tariffs affect repair costs, consumers might find it more affordable to replace a damaged vehicle, according to recent Insurify tariff analysis.
Read More →
Smaller Loans, Longer Terms
The youngest generation of car buyers is more likely to finance less expensive vehicles, more than half of generation Z consumers borrowing less than $25,000.
Read More →
New Cars a Tad More Affordable
May averages show that combined circumstances gave auto consumers slightly better buying power for the month, though average prices were up year-over-year.
Read More →
First-Quarter Sees Long Auto Loan Growth
Experian data show more consumers are tapping the method, along with refinancings, to afford buying. Meanwhile, subprime borrowers are getting more access.
Read More →
Mastering Credit Friction
In this video, Josh Krach explains how to turn credit friction into an advantage.
Read More →
April Less Affordable
Based on prices, reduced incentives and slower household income growth, consumers found it more challenging to buy new last month, Cox Automotive reported.
Read More →
Auto Lenders, Consumers on a Tightrope
April borrowing data shows that more consumers are bending over backward to buy vehicles, though subprime lending cooled off for the month.
Read More →
Toyota Financial Services President Replaced
Scott Cooke has served in various roles with Toyota Financial Services for over 20 years, including president and CEO, which he retires from on June 30.
Read More →