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GMAC Settles Price Discrimination Action with African American Customers

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Case ID: 3143 | Credit / Debt | 05/19/2004

The parties have reached a tentative settlement in a nationwide action filed against General Motors Acceptance Corporation on behalf of African Americans who allege that, as a result of company policies, dealers routinely charged black consumers higher interest rates on auto loans than whites with similar financial histories in violation of the federal Equal Credit Opportunity Act. Persons eligible to take part in the settlement should contact attorneys for the class for more information.

The plaintiffs allege that GMAC has established a specific, identifiable and uniform credit
pricing policy, a component of which authorizes the imposition of purely subjective finance charges on GMAC credit applicants. In other words, after a GMAC finance rate is determined by objective criteria (i.e., the individual’s credit history and deal circumstances), GMAC’s credit pricing policy allegedly authorizes and provides incentives for the imposition of a subjective markup of that amount, sets the range of allowable markup, and determines which transactions are subject to markup. The effect of this credit pricing policy is that black GMAC credit applicants pay disproportionately more in credit charges to GMAC than whites for reasons that have nothing to do with legitimate creditworthiness differences. Plaintiffs allege that GMAC uses its subjective credit pricing policy despite being aware of the significant and pervasive discriminatory effect of such a policy and despite the availability of non-discriminatory alternatives.

The Wall Street Journal reported on January 30, 2004, that, as part of the deal, GMAC has offered to put tighter limits on dealer increases on interest rates set by GMAC. The lender also is expected to agree to more complete disclosure to customers and changes in the way it compensates dealers for arranging loans. In a report released in early 2004, the Consumer Federation of America said dealers typically increase financing rates by several percentage points, costing consumers $1 billion. The group said blacks and Hispanics are the most frequent targets of the markups.

The court ordered that the settlement agreement be submitted to it by 5 p.m. on the afternoon of February 2, 2004. The settlement will not be effective until the court grants it final approval. The court has not yet scheduled a hearing on the matter.


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