Los Angeles Times

Bill would limit aggressive repos

AB 265 would make Buy Here Pay Here dealers wait 10 days to immobilize a car after a missed payment.

- By Marc Lifsher marc.lifsher@latimes.com

— California lawmakers again are taking action to curb abuses in financing used car sales with Buy Here Pay Here loans.

Such contracts are directly funded by auto dealers that target low-income customers with poor credit. The loans, with interest rates of 30% or more, contribute to defaults for about 1 in 4 purchasers. The cars are quickly repossesse­d — sometimes with remote signals that stop their engines — and then resold.

The practice in recent years was spotlighte­d by a series of L.A. Times stories that spurred the Legislatur­e and Gov. Jerry Brown to approve two bills regulating industry practices.

The Times reported in October 2011 that Buy Here Pay Here outlets annually make about $80 billion in loans, selling 2.4 million cars nationally through 33,000 dealership­s.

One new consumer protection law required dealers to give buyers a 30-day, 1,000mile warranty. A second called for posting a fair-market valuation on all cars sold. The governor vetoed a third bill regulating contract terms.

Now, Assemblyma­n Chris Holden (D-Pasadena) wants to limit immobilizi­ng cars on short notice when a borrower misses a payment.

Holden’s bill, AB 265, would mandate a 10-day grace period before dealers can repossess a car with a “starter interrupti­on device.” Dealers would also have to provide a second warning notice 48 hours before the car is rendered inoperable.

“Dealers often target the working poor and rely on repeated reselling of these high-priced vehicles to generate much of their revenue,” Holden said. “AB 265 would provide added protection for these low-income purchasers ... by slowing down aggressive repossessi­on of cars.”

The bill passed the As sembly’s Consumer Protection Committee by an 11-0 vote and is headed to the Appropriat­ions Committee in May.

The bill was modified in committee to remove opposition, said Bill Dohring, a lobbyist for the Independen­t Auto Dealers Assn. of California.

The key to crafting a compromise was reducing the warning notice from a proposed 20 days to 10 days. But even that, Dohring said, “sends the message ... that the borrower can drive the car without a payment.” Gas prices

Years of debate over the reason for California’s high gas prices have not produced a definitive answer to why a gallon costs up to 40 cents more in the state than in other areas of the country.

Higher prices probably are caused by a combinatio­n of state taxes, expensive cleaner-burning gas and limited competitio­n among refineries, writes Severin Borenstein, an economics professor at the UC Berkeley Haas School of Business, in a recent blog post.

But paying an estimated $37 to $51 a year more for less-polluting California gasoline is worth it for the average motorist, Borenstein said. The gas has reduced smog since the early 1990s, especially in Southern California.

“The California standard,” he said, “saves at least 660 lives per year, which more than justifies the additional cost.”

 ?? Gary Friedman
Los Angeles Times ?? BUY HERE PAY NOW auto dealers target low-income customers with poor credit. Above, used cars for sale in Hawthorne in 2011.
Gary Friedman Los Angeles Times BUY HERE PAY NOW auto dealers target low-income customers with poor credit. Above, used cars for sale in Hawthorne in 2011.

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