Some lenders say the recent legal settlements limiting undisclosed surcharges on loans may delay the elimination of the surcharges by validating the overall concept.
The latest settlements with four lenders received preliminary approval from a federal judge in U.S. District Court in Nashville, Tenn., reported The Charlotte Observer.
The lenders agreed to cap the amount of the surcharge that dealers can add to loans, and to require that dealers tell customers clearly that a surcharge may be included in the price of the loan. But dealers are not required by the lenders to disclose the amount of any surcharges.
Markups have never been popular with lenders because they are essentially interest-free loans given to the dealer and repaid by the customer. But lenders say they must offer dealers the ability to charge markups to compete for their business, the newspaper reported.
About 75 percent of auto lenders sometimes pay dealers a flat fee, according to a study by the Consumer Bankers Association. About 75 percent also sometimes pay dealers a markup. On average, the lenders allow a maximum markup of 3 percentage points.
The settlement sets a maximum markup of 2.5 percentage points on auto loans by Bank of America, JP Morgan Chase & Co. and U.S. Bancorp. Other lenders have agreed to similar limits.