Monitor Dealership Activity: F&I Compliance Tip

One of the biggest threats to dealership compliance is inside the showroom. That’s right: your employees. Some studies claim that a majority of data breaches are caused by workers, a sobering statistic that may be due to negligence or mistakes – such as leaving credit applications, credit reports and deal jackets open and in plain sight – or could be caused by willful acts of disgruntled employees. Point is, today’s dealership management must be prepared and proactive, with comprehensive training and real-time monitoring. For example, electronic databases should give you the ability to track employee access, and oversight of operations should include a compliance dashboard.

Why it Matters

By providing your employees with the education and tools they need, and by monitoring activity, you can help protect the dealership and keep it compliant. That includes taking steps such as implementing basic security requirements from your Safeguards program, and teaching employees best practice actions around issues such as opening unknown links and creating appropriate passwords. Most important of all, however, is an effective monitoring program that gives oversight into critical areas such as data flow into the system, user activity, access, and even patterns of irregularities. Follow these best practice tips to better monitor the sales process and help ensure compliance.

Best Practice Compliance Tips

  • Put a robust monitoring program in place. It should include a real-time compliance dashboard that monitors activity in real-time, from a single screen.
  • Quickly identify and contain any customer information breach and make sure all employees safeguard customer information provided to them. Actively manage your data and develop policies to manage it during its lifecycle. Require secure passwords and authentication – consider two-factor authentication: something you know (a complex password) and something you have (a randomly-generated number from an ID token).
  • Manage user permission to give customer information access only to those employees having a legitimate business need. Don’t keep non-public personal information (NPI) longer than you need to do so.
  • Create a culture of security in your dealership and get senior management buy-in. Train employees on unfair, deceptive, and abusive acts and practices; emphasize honesty and transparency in all customer interactions.

Get more tips and recommended compliance practices. Download the free 2024 Dealertrack Compliance Guide. 

Adverse Action Notices: F&I Compliance Tip

An “adverse action” is, basically, a refusal to grant credit, the termination of an account, or the changing of an account’s terms in a manner unfavorable to the consumer — such as unwinding a spot delivery contract.

Why it Matters

As creditors, dealers are required to give adverse action notices to consumers in three situations:

  1. When a dealer takes a credit application but does not send it to any financing source, typically because the consumer is credit-challenged.
  2. When a dealer unwinds or re-contracts a spot delivery deal.
  3. When the dealer is unable to get the customer financed on terms acceptable to the dealer, or because the customer declines the dealer’s final offer of credit after concluding negotiations.

Auto dealers are viewed as creditors because they are involved in negotiating the credit terms, and are typically named as the creditor on the retail installment sale contract (RISC) – which is later sold to a financial institution. A lender’s adverse action notice does not contain the necessary disclosures that must be given by the dealer. That includes, but is not limited to, naming the credit bureaus used by the dealer and the federal agency that administers compliance.

How it Works

An adverse action notice must do the following:

  1. Inform the consumer of the adverse action either with two to four reasons, or by notifying the consumer who to call at the dealership within 60 days to get the reasons.
  2. Identify any consumer reporting agency that provided a credit report or credit score.
  3. Provide the consumer’s credit score, information about the credit score, and up to four to five “key factors” that adversely affect the credit score (four key factors unless one is the number of recent credit inquiries).

The notice must contain other mandatory language as well. To view a sample notice and get more detail about adverse action notices and more compliance advice, download the free 2024 Dealertrack Compliance Guide.

Learn more about Dealertrack Compliance and register for a demo to find out if you’re meeting Adverse Action notice requirements today.