Page 40 - GIADA-Jan-2018-Final

THE CARLAWYER ©

Continued from page 36 that Cowboy must provide Spanish-language advertise credit terms in a language other than
Cowboy Scion, recently agreed to settle disclosures in its Spanish-language ads. English, see your lawyer, because the Cowboy
FTC charges that it used deceptive ads in settlement reflects the FTC’s apparent position
a regional Spanish-language newspaper. Although the FTC has consistently included that it may be unlawful to provide related
On December 8, the FTC published a this foreign language requirement in the TILA-required information in English.
description of the proposed settlement definition of “clear and conspicuous”
agreement in the Federal Register for public in Section 5(a) FTC Act settlements, So, there’s this month’s roundup! Stay legal,
comment. The FTC will decide whether to this proposed settlement represents and we’ll see you next month. n
accept the proposed agreement or take other an expansion of the foreign language
action after it reviews the comments. requirement into a settlement that includes Tom (thudson@hudco.com) is Of Counsel
TILA and CLA claims. Moreover, it appears and Nikki (nmunro@hudco.com) is a Partner
The FTC alleged that Cowboy’s ads buried that the FTC has announced this broadened in the law firm of Hudson Cook, LLP.
fine print English-language disclaimers “clear and conspicuous” standard through Tom has written several books and is the
that contradicted the ads’ more prominent this proposed settlement, instead of through publisher of Spot Delivery®, a monthly legal
Spanish-language claims. As part of the the proper course of notice and comment newsletter for auto dealers. He is the CEO of
proposed settlement, Cowboy has agreed rulemaking. Because the FTC does not have CounselorLibrary.com, LLC and the Editor in
that when it must make any information rulemaking authority under TILA (that Chief of CARLAW®, a monthly report of legal
“clear and conspicuous” under the Truth in authority rests with the CFPB), the FTC developments for the auto finance and leasing
Lending Act and the Consumer Leasing Act, appears to be doing by enforcement what it industry. Nikki is a contributing author to the
it will ensure that the information is easily cannot do by rulemaking. F&I Legal Desk Book and frequently writes
noticeable and easily understandable by for Spot Delivery®. For information, visit
ordinary consumers, including a requirement The proposed settlement is against one Texas counselorlibrary.com. ©CounselorLibrary.
that its disclosures “must appear in each dealer, but it could create a potentially wide- com 2018, all rights reserved. Single
language in which the representation that ranging TILA/CLA reinterpretation of the publication rights only, to the Association.
requires the disclosure appears.” This means “clear and conspicuous” standard in ads. If you (1/18). HC/4839-3027-8746v1.

we are. counselorlibrary.com

877-464-8326

38 | GIADA Independent Auto Dealer JANUARY 2018