FTC Launches Investigation Whether Car Dealers Colluded Against TrueCar

TTAC Staff
by TTAC Staff

The United States Federal Trade Commission has launched an investigation into whether car dealers colluded against the online car shopping site, TrueCar, over price competition the site encouraged. Automotive News is reporting that a number of car dealers, including the Kelly Automotive Group in the Boston area, received letters from the FTC saying that the agency is looking into whether companies in the “retail automobile industry” committed anticompetitive acts “by agreeing to refuse to deal with TrueCar” during 2001 and 2012.

Documents and emails relating to TrueCar were requested. At the time, many dealers openly criticized TrueCar’s business model, which encouraged dealers to offer discounts to compete for the business of car shoppers visiting the TrueCar site. Dealers complained about losing money on cars sold through TrueCar leads. TrueCar’s model at the time encouraged dealer to bid against each other on price. A number of dealers ended their relationship with TrueCar and the company subsequently changed procedures that put downward pressure on retail prices, bringing many of those dealers back. The company CEO, Scott Painter, made a point of saying that the FTC investigation was not provoked by a TrueCar complaint.

Mike Warwick, director of digital marketing at Kelly Automotive Group said he did not know why he was personally named in the letter to the dealer group, except that he had publicly criticized TrueCar and their business and pricing models on dealer oriented blogs during the period in question. An executive at a different dealership told the Automotive News that the letter they received mentioned comments he had made on blogs about TrueCar.

Painter took pains to distance himself from the investigation, no doubt to avoid further alienating dealers, saying that the company first learned of the investigation when they themselves were served with a letter from the FTC asking for documents. “I want to make this clear: We didn’t ask for it (the investigation), and we knew nothing about it,” Painter said. He also said the timing was odd in light of the fact that the company changed its practices and restored good relations with dealers. “It’s like calling in reinforcements for a battle that is already over,” Painter said, “It’s a pain for us and the dealers.” The company says that the number of participating dealers is back up to 6,500 stores after it dropped to about 3,200 in 2012.

The FTC would not comment on any investigation.

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  • Cdnsfan27 Cdnsfan27 on Sep 17, 2013

    Truecar is not a dealer's friend. They charge us for leads and customers expect below invoice prices and are never satisfied no matter what we do. We have stopped using Truecar. I have found the best deal is when the buyer are equally happy/unhappy. We charge a fair price, don't pack on add-ons and have outstanding customer service. In what other business does the consumer feel entitled to know the seller's true cost????

    • See 5 previous
    • Pch101 Pch101 on Sep 17, 2013

      If dealers are going to promote themselves based upon claims that they sell cars at or below invoice, then dealers should expect the smarter customers to ask to see the invoice.

  • Dave M. Dave M. on Sep 17, 2013

    "The car business is the only business I know where the customer expects to buy your product below your cost." Legions and decades of unscupulous dealers did that. Not so much below cost, but reasonably priced. MSRP is suggested; never mind dealer invoice and holdback and all the other ways dealers have of profiting from a high ticket item that a customer does once every 3-5-10-15 years. The typical car sales form has, what, 10 lines of price entry (including TTL)? Only buying real estate is more complex. And like buying a house, a car is an emotional purchase. The seller/agent has every advantage. The internet has helped level the field somewhat.

  • SCE to AUX Over the last 15 years and half a dozen vehicles, my Hyundais and Kias have been pretty cheap to maintain and insure - gas, hybrid, and electric.I hate buying tires - whose cost goes by diameter - and I'm dreading the purchase of new 19s for the Santa Fe.I also have an 08 Rabbit in my fleet, which is not cheap to fix.But I do my own wrenching, so that's the biggest factor.
  • MaintenanceCosts '19 Chevy Bolt: Next to nothing. A 12v battery and a couple cabin air filters. $400 over five years.'16 Highlander Hybrid, bought in 2019: A new set of brakes at all four corners, a new PCV valve, several oil changes, and two new 12v batteries (to be fair, the second one wasn't the car's fault - I had the misfortune of leaving it for a month with both third-row interior lights stealthily turned on by my kid). Total costs around $2500 over five years. Coming due: tires.'11 BMW 335i, bought in late 2022: A new HID low beam bulb (requiring removal of the front fascia, which I paid to have done), a new set of spark plugs, replacements for several flaking soft-touch parts, and two oil changes. Total costs around $1600 over a year and a half. Coming due: front main seal (slow leak).'95 Acura Legend, bought in 2015: Almost complete steering and suspension overhauls, timing belt and water pump, new rear brakes, new wheels and tires, new radiator, new coolant hoses throughout, new valve cover gaskets, new PS hoses, new EGR valve assembly, new power antenna, professional paint correction, and quite a few oil changes. Total costs around $12k over nine years. Coming due: timing belt (again), front diff seal.
  • SCE to AUX Given this choice - I'd take the Honda Civic Sport Hatchback (CVT). I 'built' mine for $28777.To my eye, the Civic beats the Corolla on looks these days.But for the same money, I can get an Elantra N-Line with 7-speed DCT, 201 HP, and good fuel economy, so I'd rather go for that.
  • Kwik_Shift_Pro4X '19 Frontier Pro 4X. Next to nothing. All oil changes are on schedule. Got new tires at 60000 miles. Still on original brakes at 79000 miles. Those are due soon. Brakes complete estimate $1000 all in.
  • Dr.Nick The cars seem really expensive with tight back seats and Cadillac was on the list of the highest price gouging dealers coming out of COVID. I don’t understand the combination, shouldn’t they be offering deals if they are not selling?
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