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Equifax offering free webinar to help BHPH dealers with tradeline reporting

training

For operators who still have questions about credit reporting of customer payments and more, Equifax, in collaboration with the National Independent Automobile Dealers Association and the National Alliance of Buy-Here, Pay-Here Dealers, is hosting a free webinar in support of the continued launch of the Equifax BHPH tradeline reporting program.

The initiative allows dealers who are members of either NIADA or NABD to report their consumer auto loans and payments data to Equifax without having to pass traditional barriers such as holding a certain number of accounts. As BHPH Report noted back in the summer, operators previously needed to have at least 500 active accounts to send this information.

Leading the hour-long session that begins at 1 p.m. ET on Tuesday is Angelica Jeffreys, vice president and dealer leader for Equifax.

Jeffreys plans to highlight three topics, including:

• Why tradeline reporting can help drive more profitable bottom line results

• An overview of the credit process and the governing bodies

• How the process works and tips on how to set it up efficiently

BHPH dealers can register for the session here.

FTC penalizes Texas BHPH operation over credit reporting

tricolor auto pic for BHPH

Reporting consumer performance to a credit bureau certainly can boost a buy-here, pay-here dealership’s offerings to its customer base. But when the process isn’t completed properly, the mistakes can catch the attention of federal regulators, which happened to Texas-based Tricolor Auto Group on Wednesday.

The Federal Trade Commission said Tricolor will pay $82,777 in civil penalties as part of a settlement to address issues associated with the group’s related finance company. The FTC charged that Tricolor — which specializes in connecting with Hispanic customers at 16 locations in Texas and another lot in Oklahoma City — failed to have written policies and procedures regarding the accuracy of reported credit information and failed to properly investigate disputed consumer credit information.

“An inaccurate credit report can have a huge impact on consumers’ ability to make purchases, be hired and more,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “This case makes it clear that businesses must take the proper steps to make sure the information they provide to credit bureaus is accurate.”

The FTC’s complaint alleges that the company’s related finance company, Tricolor Auto Acceptance (TAA), violated the Furnisher Rule, which was implemented under the Fair Credit Reporting Act. The rule requires companies that report information about consumers to consumer reporting agencies (CRAs) to maintain policies and procedures designed to ensure that the information they report to CRAs is accurate and to allow consumers to dispute information they believe is inaccurate directly with the company that furnished the information.

While TAA provides information on thousands of consumers to one CRA, the FTC’s complaint alleges that TAA had no written policies or procedures addressing how to ensure the accuracy of that information.

The complaint further alleges that when consumers disputed the accuracy of the information provided by TAA to the CRA, TAA referred them back to the CRA instead of conducting an investigation as required under the Furnisher Rule.

In addition to the civil penalty, officials said that under the terms of the settlement TAA will be permanently barred from any further violations of the Furnisher Rule.

The FTC vote to authorize staff to refer the complaint to the Department of Justice and to approve the proposed stipulated final judgment and order was 5-0. The DOJ filed the complaint and proposed judgment and order on behalf of the Commission in U.S. District Court for the Northern District of Texas on Wednesday.

The proposed judgement and order — which can be downloaded here — is subject to court approval.

According to data Cross-Sell Reports, a division of Dominion Dealer Solutions, which collects the information via state departments of motor vehicles, Tricolor has sold 3,082 vehicles at its Texas locations during the first eight months of the year.

Earlier this year during a presentation at the National Alliance of Buy-Here, Pay-Here Dealers annual convention, Equifax highlighted five reasons why reporting customer performance to a credit bureau that meets federal mandates can benefit operators. Those elements included:

— Compelling value proposition for your customers to help them build their credit

— Provides incentive for consumers to pay their payments on time

— Mitigates consumer fraud and strategic repossession

— Enables accurate risk assessment

— Stay competitive

NABD will have more presentations and expert guidance available during its East Coast Conference for Buy-Here, Pay-Here coming up on Nov. 3-5. The event is being conducted at the Wyndham Orlando Resort International Drive in Orlando, Fla.

Organizers insisted BHPH dealerships of all sizes will benefit from the conference’s compliance track dubbed Compliance University from the knowledge to be shared by:

— Tom Hudson of Hudson Cook

— Gerald Sachs of Paul Hastings

— Terry O’Loughlin of Reynolds and Reynolds

— David Bafumo of FNI Inc.

— Mark Edelman of McGlinchey Stafford

— Allen Denson of Hudson Cook

— Trisha Cacciola of Hudson Cook

NABD highlighted the Wyndham Orlando Resort International Drive is newly renovated and located next to the hottest new attraction, the Orlando Eye. Shuttle service is available to Disney properties and Universal Studios. NABD has arranged discounted room rates of only $149 per night with no resort fees.

The complete agenda and speaker information is posted and will be continually updated on the NABD website at www.bhphinfo.com. Registrations can be made at the website or by calling (832) 767-4759.

Space and room availability is limited and early registration discounts are expiring soon. Space and room availability is limited and early registration discounts also are expiring soon.

Exhibitors can call Keith Shilson at (832) 767-4759 to learn more about space still available.

Equifax removes reporting minimums for NIADA & NABD members

credit report

With new survey reports showing independent dealers are fearing a significant decline in customer traffic, Equifax is offering new tools for members of the National Independent Automotive Dealership Association and National Alliance of Buy-Here, Pay-Here Dealers to create what company executives are calling a “transparent environment” for customers with checkered credit backgrounds.

BHPH dealers who are NIADA or NABD members can report their consumer auto loans and payments to Equifax without having to pass traditional barriers such as holding a certain number of accounts. Previously, operators needed to have at least 500 active accounts to send this information.

“That’s a really big deal because we’re making it easier for the smaller dealers now,” said Angelica Jeffreys, vice president and dealer leader for Equifax. “We’re trying to encourage transparency in this segment of the dealer population, giving them the tools they need to be a better, more-customer friendly organization.”

Jeffreys explained reporting trade lines not only improves the data available to dealers for qualifying future potential buyers, but it also encourages customers to make timely payments because their credit rating may be directly impacted by how they perform on their loan.

In addition, she added dealer reporting will add trade lines to a consumer's credit file to more accurately reflect their handling of debt, which may grant them even more opportunities to competitive terms based on their credit history.

Jeffreys recollected a dealer survey Equifax recently completed with the assistance of NABD. She pointed out that 64 percent of what she called “progressive” BHPH dealers already reported credit activities to bureaus such as Equifax. That group included operators in 43 out of 50 states.

“That’s a good sign of taking steps to create a transparent environment that’s good for consumers. The consumers will have the benefit of that reporting,” Jeffreys said.

The Equifax executive went on to emphasize how the move to work with dealers of all sizes who are members of NIADA and NABD is showing the commitment to this space by the multi-billion dollar company.

“For a company like Equifax to open these doors, let’s face it, the independent market is a little more risky,” Jeffreys said. “For Equifax to open their doors to NIADA members and NABD members that shows how committed we are to this segment in providing a platform to create a transparent environment for consumers.”

Furthermore, the credit reporting availability is a development cheered by Steve Jordan, executive vice president of the NIADA, which hosts its annual convention beginning today in Las Vegas.

“Many of our members want to furnish their consumer auto loan portfolio to a credit bureau, however many are small business operators who do not understand the process and find it complex,” Jordan said.

“We are excited to work with Equifax and broaden access to the process and bring training to the space,” he continued. “Our relationship with Equifax has really grown over the last year, and our members will continue to benefit from Equifax data and industry expertise.”

Latest NIADA Quarterly Business Confidence Survey

More of that industry expertise is coming through the latest edition of the NIADA Quarterly Business Confidence Survey, which presents independent dealers' sentiment on the current state of the industry. Equifax provided insight on subprime auto lending trends.

But a key metric from the latest survey wasn’t connected with a bureau score.

A key statistic from the latest NIADA Quarterly Business Confidence Survey indicated that the number of dealers who expect their customer traffic to decline over the next quarter has more than doubled — from 8.3 percent to 17 percent —since the survey was last conducted.

Jeffreys explained this spike reflects heightened competition in the used market from large dealer groups.

“The growth of franchise dealers in the used car space is not the only concern independent and BHPH dealers have expressed,” Jeffreys said. “Because many of these dealerships do not report their accounts to a credit bureau, we've heard anecdotally that some consumers may opt to default on an auto loan since their credit score may not be affected.

“To help dealerships avoid these situations, mitigate strategic defaults and reward positive consumer payment behavior, we are working with the NIADA to enable dealers to report consumer auto loans and payments,” she went on to say.

NIADA Convention attendees can learn more about trade line reporting during a training session at the event, which will be hosted by Jeffreys and Jenn Reid, senior partner channel manager for Equifax, who both have retail dealership backgrounds.

The session is a BHPH breakout session titled, “Reporting Consumer Credit: Advance Your Customer and Grow Your Business,” which will occur on Thursday.

“It’s a matter of being accustomed to how the report is written,” Jeffreys said. “At the end of the day, you’re looking to interpret the data, which is right in front of you. It’s not rocket science. It’s just looking at it to say, ‘OK, this customer had several inquiries from different areas over the past few weeks.’ They might be hopping different dealers.”

Jeffreys added that being able to interpret a credit report along with possibly leveraging the income and employment verification tools offered by Equifax can give BHPH operators an even clearer picture of the potential buyer.

“What we’re seeing is there are a lot of buy-here, pay-here dealers who want to be proactive in taking steps to legitimize their business from the sense of creating a transparent experience for the consumers and also showing their lenders who come from things very by the book,” she said. “They’re verifying income and not just taking the word of a paystub. That’s steps to show the regulators that we’re in control of the environment and we’re doing good things for consumers.”

More information about this week’s NIADA event is available at www.niada.com/convention.

Benchmarks Reveal A Challenging 2013

new bhph benchmarks for web
The numbers point to just how rough the retail sales seas got for some buy-here, pay-here dealers in 2013.
According to the BHPH Industry Benchmarks prepared by the National Alliance of Buy-Here, Pay-Here dealers in association with SGC Certified Public Accountants and NCM Associates, sales volume softened by nearly 7 percent last year, coming on the heels of a 5-percent annual dip a year earlier. Experts point to the significant rise in special financing by a wide array of lenders that took away customers who normally would have had no choice but to seek a vehicle purchase from a BHPH operator.

“I think the big thing is they took a number of our customers. They reduced the sales volume for a lot of operators by taking that business and putting them into vehicles so we had to give up market share,” NABD founder Ken Shilson said.

“Based on Experian’s numbers, we lost over 20 percent of the market share during 2013, and the special finance industry in the short term grew by a corresponding amount,” he continued. “I won’t blame it all on the special finance industry because some of that market share was lost to credit unions, some of which are being very aggressive right now. And also some was lost to new-car franchise dealers who on their used-car operations are being very aggressive themselves.

“The combination took those customers out of play,” Shilson added.

Why did all of a sudden these special finance companies start booking contracts with deep subprime customers? During the worst of the recent recession, reportedly consumers with credit scores approaching 700 had difficulty in securing financing. Now in the past 12 to 18 months, Shilson recollected conversations with BHPH operators who heard about consumers who had credit scores in the low-500 range being able to secure a late-model or even a new car.

“All of the special finance activity was driven by a search for higher yield investments. They were borrowing the money at 2 percent and loaning it out to subprime customers at over 19 percent. The spread there was the attractive part for investors to pour money in, and they securitized a lot of these loans,” Shilson said.

How Successful Operators Managed

Brent Carmichael is the BHPH specialist for NCM and helps to construct the benchmarks. Throughout the year, he moderates 20 Groups that collect stores of similar size for semiannual gatherings of brainstorming and more. Carmichael shared with BHPH Report what successful operators did to stay in business.

“Subprime was back and very aggressive,” Carmichael said. “We’ve also had dealers manage their growth for a cash flow and capital standpoint. We have some dealers who are intentionally selling three less cars a month because they’re focused more on the quality of the portfolio, not necessarily the quantity. Some dealers just wanted to maintain their portfolios, bringing in enough cash to do what they wanted to do. Some aren’t out to be DriveTime or Car-Mart, just wanting the business to pay them back a little bit.”

Carmichael pointed to the benchmarks, numbers to support why some operators chose that path. He mentioned profitability on a per-vehicle sold basis softened to nearly $2,100, representing about a $100 decline per unit.

“A $100 per car doesn’t sound like much, but when you’re talking 600 units per year, now we’re talking about a $60,000 loss in profitability year-over-year,” Carmichael said.

While operators tried to tighten their budgets in many areas, Shilson mentioned how BHPH stores looked to overcome a dwindling customer base by advertising more. The benchmarks showed the average operating expense for advertising ticked up to 3.8 percent in 2013, up from 2.8 percent a year earlier.

“They definitely tried to advertise more as they started to lose market share,” Shilson said. “The only thing that seemed to work successfully was online marketing. Online marketing seemed to be giving them the most bang for their buck. If they just did more radio or television, we didn’t see as much traction there.

“The online marketing in terms of a website and in term of other online marketing is more focused on reconnecting with particular customers or prospective customers,” he continued. “I think that’s where they had the great success. The competitive environment, like we’re seeing with special finance, is every man for himself out there. If you just advertise on TV, so is everyone else. But if you do a more focused thing with your website and your online marketing, maybe you’ll have a better chance of attracting that particular customer.”

Cautionary Signs

Beyond the raw sales numbers, both Shilson and Carmichael spotted trends that caught their attention and reflected just how challenging the BHPH business can be.

“The continuing increase in cash in deal is really one the most telling things,” Shilson said. “For the time since we’ve been doing the benchmarks, the cash in deal averaged more than $5,000.”

To be exact, the average cash in deal at BHPH stores last year climbed to $5,294. A year earlier, the figure stood at $4,672. Back in 2009, it was just below $4,000 at $3,990.

“That’s very significant. Our down payments and our repayments are not moving commiserate with the cost in the industry, so that’s a real challenge for us. We’re spending more, but we’re not taking in more,” Shilson said.

And just one area where BHPH operators are spending more money is on reconditioning. For the fifth year in a row, reconditioning spend increased by at least $100. The 2013 amount broke the $1,000 threshold, settling at $1,026, up from $962 back in 2011.

“That’s one area that concerns me because of what inventory is. I don’t think dealers are doing more to the cars. It’s just costing more to fix the cars,” Carmichael said. “That’s one thing many dealers haven’t thought about. BHPH dealers often look at cars that are about 6 or 7 years old. They’re decent enough with some reconditioning that they can sell, and they are affordable to the customer from a down payment and sale price standpoint.

“There were little to no cars made in 2007 and 2008. That 7-year-old car just isn’t out there. It’s either a 2009 or it’s a 2006. Obviously, 2009 is more expensive, maybe with an (actual cash value) of $7,000 to $8,000. A 2006 is a cheaper car, but they’re also higher mileage and have a little bit more worn off, so to speak. They need a little bit more love to get them ready to make them sellable and safe for a customer,” he continued.

Shilson also shared a theory about why reconditioning costs jumped so much last year.

“What I think is happening in the reconditioning cost area as you recycle more repossessions, your cost to make them ready and to recondition them increases. I think that’s part of what’s happening,” he said.

How Dealers Can Leverage Benchmark Data

Both Carmichael and Shilson explained that operators should use the benchmark data as a reference point, not necessarily as the objectives for how their particular store should be.

“I never want a dealer to set up his business according to a benchmark. Our benchmarks are compiled from hundreds of dealers,” Carmichael said. “You’ve got guys out there who are single-point owner operators who are very involved in the business and run very lean. So there are some areas of the benchmarks that the average dealer selling 50 cars a month and 600 cars a year cannot get to some of the benchmarks.

“I think they’re a great goal to take a look at to see if I can get close as you can to some measure. Some have to be taken with a grain of salt. Some are very attainable for the average dealer. Some aren’t,” he continued.

Shilson emphasized that working each day is crucial, no matter when the benchmarks indicated.

“The big thing to say is a very challenging year in 2013, but are you going to make 2014 better? It’s not going to happen by itself. You can’t sit back and hope that it’s going to get better. You have to get out there and see what’s going to make it better,” Shilson said.

 

2013 YEAR IN REVIEW

The financial benchmarks for 2013 reflect a higher level of competition within the deep subprime marketplace. The more significant factors that impacted profitability were:

1 Unit sales for most operators were fat or declined (some by up to 25 percent) from 2012, due primarily to increased market competition from special finance sources that extended credit to BHPH customers. Individual operators were affected by varying levels of special finance competition in their local markets. Some operators expanded their facilities (added lots) to increase market share. Market data indicated that the BHPH deep subprime financing market share declined by more than 20 percent in 2013, while the market share for subprime finance companies grew by a corresponding percentage.

2 Subprime finance lenders (including franchise operators) were particularly aggressive in financing deep subprime customers (with credit scores below 550) who purchased new and late-model vehicles (less than three years old) with low down payments, high repayments and terms of more than 60 months. Finance companies originated these “silly loans” in an attempt to “buy” market share quickly.

3 Capital poured into the subprime auto markets making special finance lenders overly aggressive in their underwriting policies and practices in search of high yields.

4 History indicates that higher default rates occur on deals with “too much vehicle and too little customer”. Recent Experian Automotive Data shows that quarterly repossession rates for the second half of 2013 increased dramatically over the corresponding period in 2012 for special finance lenders. Charge-offs for special finance lenders in the fourth quarter were the highest since 2006 and averaged $8,772.

5 BHPH operators again found inventory acquisition to be challenging. Lower new-car sales from 2008-2012 provided a limited supply of BHPH vehicles (usually more than 4 years old), which kept auction prices high. Operators reduced inventory levels commensurate with a limited supply and reduced customer demand.

6 Technology played an important role in 2013 BHPH operating efficiency. Most customers now have smartphones. This cellular link has become an important way for BHPH operators to “connect and collect” with their customers and prospects. In addition, the integration of Internet-based marketing tools, payment device technology, electronic pay portals and other technology into BHPH operations continued. Operators who proactively utilized online marketing fared better than those who did not.

7 New regulatory challenges surfaced in 2013 when the FTC, Consumer Financial Protection Bureau, and various state attorney generals’ offces monitored compliance and investigated alleged deceptive practices. The IRS increased tax audits of used-car operations, focusing on compliance issues. Even the Department of Justice joined in by policing discriminatory lending practices using their “disparate impact theory”. We should expect more compliance scrutiny in 2014 and beyond.

8 Operators with greater financial flexibility (more equity and/or available lines of credit) fared best. Increased competition, the limited liquidity of their customers and a higher cost environment were the major reasons why.

9 Given this overall environment, operators who managed risk successfully and opted to pass on making “silly loans” to maintain market share will beneft by avoiding defaults when these customers don’t perform.

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