Protecting Your Customer’s Privacy
Thomas B. Hudson - When we do a dealer F&I compliance audit, one of the things we do is to go dumpster diving, or at least “trash can rummaging.” That’s because there seem to be an awful lot of dealers out there who haven’t yet gotten the word that we have laws protecting the privacy of their customers.
Dumpster Diving in Your Dealership
When we do a dealer F&I compliance audit, one of the things we do is to go dumpster diving, or at least “trash can rummaging.” That’s because there seem to be an awful lot of dealers out there who haven’t yet gotten the word that we have laws protecting the privacy of their customers.
A January 20, 2010 release from the Federal Trade Commission shows just how much mischief a dealer can get into by just emptying the trash, and illustrates the FTC’s enforcement interest in careless disposal practices.
A mortgage broker (don’t quit reading – these laws apply to car dealers, too, and in much the same way) who discarded consumers’ personal financial records in a publicly-accessible dumpster paid a $35,000 civil penalty to settle Federal Trade Commission charges. Ouch.
According to an FTC complaint filed in December 2008, the defendant improperly tossed out about 40 boxes of sensitive consumer records collected by companies he had owned. The documents included tax returns, mortgage applications, bank statements, photocopies of credit cards and drivers’ licenses, and at least 230 credit reports. On top of that, two mortgage brokerage companies he previously owned failed to provide reasonable and appropriate security for sensitive consumer information, despite promises that they would do so.??The FTC charged the defendant with failing to take reasonable measures to protect credit report information from unauthorized access during its disposal, in violation of the Fair Credit Reporting Act and the FTC’s Disposal Rule. The complaint also charged him with violating the FTC Act, based on his companies’ misrepresentations about their data security practices.
The settlement order also bars the defendant from misrepresenting measures taken to protect sensitive consumer information and failing to take reasonable measures to protect credit report information during its disposal. The order also requires him to employ a comprehensive information security program for sensitive consumer information, and to hire an independent, third-party security professional to review the program every year for 10 years to ensure that it meets or exceeds the order’s requirements.
I’ll make you a bet. Go out back to the dumpster right now and check what your employees are throwing away. I’ll bet that you will find customer information protected by either state or federal privacy laws. If you do, or even if you don’t but were afraid you would, use this mortgage broker’s story as a teachable moment to get your staff focused on their duties under the privacy laws.
The defendant’s total tab for this mess will include the $35,000 for the FTC’s cash register, his own lawyer’s fees (say, $25,000), and 10 years’ worth of fees to the third-party security company (who knows what this number would be, but even at $5,000 per year, that would be $50,000). It’s just a guess, you understand, but I suspect you have some better places to put something north of $100,000.
Vol. 7, Issue 3
More Dealer Ops

Dealership Profits Decline
While new and used retail sales stagnated, dealerships have been particularly supported by fixed operations and finance-and-insurance profits, according to a new report.
Read More →
Dealer Debrief: Defection Data & EV Updates
In this week's debrief, host Lauren Lawrence discusses how to use defection data to your advantage and the latest on EV sales and charging infrastructure.
Read More →
How Defection Data is Bridging the Dealership Conversion Gap
Lead volume is flat, cross-shopping is up and brand loyalty is in retreat. As confident sales teams keep losing buyers they thought they had, daily industry sales data is showing dealers exactly where their funnel is breaking and how to fix it without buying a single new lead.
Read More →
Dealer Debrief: Where are you losing customers?
In this week's debrief, host Lauren Lawrence discusses the hidden leaks in dealerships where you might be losing customers without even realizing it.
Read More →
Dealer Debrief: Improving Your Inventory Management
In this week's debrief, host Lauren Lawrence covers a new survey that shows what service technicians really want and two launches that could help improve your inventory and vehicle life cycle management.
Read More →
Ladies and Gentlemen, This Is a Dealership: Why the Fundamentals Still Decide Who Wins
A teaching moment by a legendary football coach happens to apply perfectly in the auto retail space. Learn what it is and how to use it to your store’s advantage.
Read More →
Dealer Ads and the FTC
The agency has made it clear in recent enforcement actions and warnings, in auto retail and other industries, that advertised prices must include all nonoptional costs to the consumer.
Read More →
Used Autos Supply Dwindles
The March shopping surge, despite high prices, cut into inventory by the most since the thick of the pandemic, Cox Automotive analysts calculated.
Read More →
Managing Risk Effectively Through Changing Times
The variables influencing risk pricing have changed significantly over the past five years. Being proactive and responsive to emerging trends is not optional but essential.
Read More →
Survey Reveals What Won't Fix What's Breaking Car Sales
AutoPayPlus says extra-long auto loans are trapping consumers and threatening the dealer trade-in cycle, and that the industry is leveraging the wrong tools to combat high MSRPs.
Read More →
