Auto financing companies have long used
marked-up car loans to charge higher interest rates, but plaintiffs'
lawyers in a federal discrimination trial say black customers have
suffered from the practice even more than whites. In opening statements
Tuesday, plaintiffs' lawyer Clint Watkins said economists from Yale and
Vanderbilt universities "will explain how African-Americans and
Hispanics are seen in the industry as a prime profit opportunity." He
said the black customers of Primus Automotive Financial Services, an
affiliate of Ford Motor Credit Corp., were more than twice as likely as
whites to be charged higher rates on car loans. But a lawyer for Primus
said the evidence will show that blacks and whites were equally as
likely to receive markups. Marking up a loan is a practice in which
dealers add percentage points of interest to a loan and, in agreement
with the finance company, get to keep most of the extra interest money. Since 1998, there have been
several lawsuits filed against auto financing companies, alleging
discrimination against blacks. Those suits have resulted in five
out-of-court settlements. The class-action suit against Primus is the
first to go to trial. Stephen Brobeck, executive director of the
Consumer Federation of America, said the settlements have reduced the
amount of interest all consumers in the United States will pay for
vehicle purchases. "For instance, in the next year, it will amount to a
savings of hundreds of millions of dollars," Brobeck said. The lawsuits
have also alerted consumers - not just blacks - to the shady practice
of auto loan markups, Brobeck said. Several other
companies last month reached tentative settlements in similar lawsuits
to have complaints against them dropped, including American Honda
Finance Corp. General Motors Acceptance Corp. and Nissan Motor
Acceptance Corp. have reached similar settlements within the past two
years. The settlements have included the companies placing caps on the
amounts loans can be marked up and establishing "affirmative lending,"
programs in which minority customers receive loans with no markups,
Watkins said. [more] and [more]