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44 Brandeis L.J. 931 (2005-2006)
Dealers Take Notice: The Responsibilities of Automobile Dealerships under Regulation B of the Equal Credit Opportunity Act

handle is hein.journals/branlaj44 and id is 939 raw text is: DEALERS TAKE NOTICE: THE
RESPONSIBILITIES OF AUTOMOBILE
DEALERSHIPS UNDER REGULATION B OF THE
EQUAL CREDIT OPPORTUNITY ACT
Andrea Lay*
I. INTRODUCTION
Imagine that you have received a brightly colored letter in the mail stating
that you are pre-approved for an automobile loan at your local automobile
dealership. You have been thinking about buying a car for the last few months
and you decide that this is the perfect opportunity. You find someone to watch
the children for the afternoon and have a friend drive you to the dealership.
After spending several hours test-driving cars you finally find one that meets
your needs and your budget. You go to the salesman's office for a lengthy
discussion concerning cost and financing. After you reach an acceptable
agreement and complete a tall stack of paperwork, the salesman leaves the
room. You wait excitedly while thinking of all the places you will go in your
beautiful new car. Unbeknownst to you the salesman pulled your credit report
and decided that, because of the report's content, it would be useless to forward
your credit application to any third party lenders. A few minutes later the
salesman returns to the office, apologizes, and tells you that you do not qualify
for credit and you will not be able to purchase the car unless you can find a
qualified person to co-sign with you.
You leave the office broken-hearted. You have just moved to the area and
you do not know anyone who would be willing to co-sign on an automobile
loan for you. You never hear from the dealership again. You are especially
upset because you do not know what went wrong. You knew your credit was
not perfect, but you thought it was adequate to purchase a car within a certain
price range, particularly since the dealership's mailer suggested that you were
pre-approved for a loan.
You are left with many nagging questions about the credit decision. Was
there a problem that you could fix? Who made the decision to turn down your

* J.D., Louis D. Brandeis School of Law at the University of Louisville.

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