NADA Files Request to Make CFPB Memo Public
The National Automobile Dealers Association filed a Freedom of Information Act request Monday, seeking to make a Consumer Financial Protection Bureau memo about limiting dealer discretion public.
MCLEAN, Va. — The National Automobile Dealers Association filed a Freedom of Information Act request Monday, seeking to make a Consumer Financial Protection Bureau memo about limiting dealer discretion public. The NADA believes the inter-agency memo undermines the bureau’s long-standing claims that it is not targeting auto dealers through enforcement actions.
The memo was initially acquired by American Banker, which reported on June 30 that the CFPB plans to cite three major auto lenders — American Honda Finance Corp., Toyota Motor Credit Corp. and Nissan Motor Acceptance Corp. — for allegedly allowing their dealer partners to charge higher interest rates on auto loans to minority buyers. According to the news source, the CFPB will be offering the finance sources the chance to forgo civil penalties in exchange for cutting the price discretion that they offer dealers by roughly half.
“The significant limitation of dealer discretion, which in turn reduces fair lending risk, is one of the goals we have been seeking with respect to the indirect auto matters, and this settlement proposal attains that goal," Jeffrey S. Morrow, Jane M.E. Peterson and Rebecca J.K. Gelfond wrote in a June 16, 2015, memo to CFPB Director Richard Cordray about the proposed Honda settlement, according to American Banker.
The Dodd-Frank Wall Street Reform and Consumer Protection Act, which formed the CFPB, also specifically prohibits the bureau from regulating auto dealers. But since the regulator first issued a fair lending guidance in March 2013, industry experts have said that the CFPB’s targeting of dealer markup — the practice in which a dealer mark ups the interest rate on a retail installment sales contract as compensation for arranging financing — is an attempt by the agency to regulate dealers.
"If true, the statements made by senior CFPB officials in this memo directly contradict repeated statements, including testimony before Congress, from Director Cordray that he is aware and respectful of his Congressional mandate not to regulate dealers," said NADA President Peter Welch in a press release issued by the association. "Consumers benefit tremendously from dealer discounts, so they deserve to know if these discounts are in danger being unjustly and unfairly eliminated by overzealous Washington regulators."
The memo, as well as proposed consent orders against Honda and two other captive finance sources, appear to have been leaked to American Banker, as none of the documents referenced in the article are in the public domain.
More F&I

Integrating Nontraditional F&I Products
The niche presents a strategic advantage for auto dealerships as they move to adapt to fast-changing consumer expectations in today’s market.
Read More →
Trust Is Personal
Technology, no matter how efficient, can’t replace what the human F&I manager can do, which is to bridge the divide between cyberspace and the in-store experience.
Read More →
Amplify 2026 Billed as Turning Innovation Into Results
Reynolds and Reynolds says its annual retail summit will connect dealers with practical strategies, peer insight, and technology-driven ideas.
Read More →
Own Your Outcome: F&I in the Digital Customer Journey
Finance has historically been the last step in the car-buying process, but it doesn’t have to be. The customer’s journey starts long before they arrive at the dealership, and so should F&I’s involvement.
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 Lifetime Battery F&I Product Meant to Drive Dealer Traffic
EFG Cos. offering is intended to create lifetime auto dealer engagement with customers.
Read More →
The Psychology Behind Menus That Increase Add-On Sales
There is a science to crafting a menu that gives customers confidence in the choices presented, and moving the process outside the F&I office can further boost results.
Read More →
Why Your F&I PVR Is Misleading You
Here’s a handy checklist of the numbers to track in 2026 instead.
Read More →
Auto Consumer Anxiety Presents Opportunity
A survey of U.S. drivers found the majority are concerned about finances and the economy, but those fears make many ready to buy vehicle-protection products.
Read More →