us-ftc-advocacy-filings-1e95f0b270c652de3af5f43ebff6c30e•FTC Staff Comment to Governor William P. Clements, Jr. Concerning Texas H.B. 1953 to Prohibit Dealer Sales of Used Cars at Temporary Locations and Fleet Dealer Sales at Temporary Locations
FTC Staff Comment to Governor William P. Clements, Jr. Concerning Texas H.B. 1953 to Prohibit Dealer Sales of Used Cars at Temporary Locations and Fleet Dealer Sales at Temporary Locations
us-ftc-advocacy-filings-1e95f0b270c652de3af5f43ebff6c30eFTC Staff Comment to Governor William P. Clements, Jr. Concerning Texas H.B. 1953 to Prohibit Dealer Sales of Used Cars at Temporary Locations and Fleet Dealer Sales at Temporary LocationsAdvocacy Filing
Ft"d.·raJ Trade Commission
OUi.'.' tlf tht' H"brionaJ J)irt'('lnr
R.303 [Intl.rook Orin'
(hila", TI'\;I" 75247
(21·1) 767·';'050
June 1, 1987
The Honorable William P. Clements, Jr.
Governor of Texas
Office of the Governor
Austin, Texas 78711
Dear Governor Clements:
The Federal Trade Commission stalf is p'"e(lSel~ to have th5.s
opportunity to respond to your of.fice's reql1e'3t for comments on
House Bill 1953. 1 This bill would prohibit dealers from s~llinq
used vehicles at temporary locations and would orl?vent fleet
dealers, such as Rertz·and Avis, from conducting fleet s~les at
locations other than their licensed, permanent aealer lots. ~h?
orobable effect of such legislation will. be to reollce com;)(~t.ition . . ..
and to increase the prices paid by Texas consureers for US0rl
vehicles. We believe that consumers will be !X~ttf~( serv0.d i r= l:h0
market is left free to operate wi thout unneceSS;lr'{ reqllla t i ',i1,
and we therefore recommend that this bill not b;:>, enacted.
Our interest in this legislation sterne:; from the r'ommission'r-;
mandate to enfnrce the antitrust and consumer protection laws o[
the United States. ~ection 5 of the' Federal ~[n~e ~ommission Act
prohibits unfair. methods of com1?etition, ann uni'air or 11ec0otl\lC
acts or practices. By enforcing this statute, t~e Co~missi0n
staff has gained subsfantial experience in ann 1 vzlng the impa~t-:
of various restraints on competition and the C0St~ and benefits
to consumers of these restraints. Tn recent ve~rs, W0 h~ve been
involved in several issues that relate specifiCAllY to th0 u~e~
ca r market. In I Q84, for example, "the "'omm i Sf) i.:·n i sstle,l th<:>
"Used Car Rule" to reduce the frequency and ?f~cr:t of ora)
misrepresentations in used car transactions.' 'I'h~ develop'11ent of
this rule, as well as the conduct o€ investigations and
preparation of studies relating to the automobi~e in~ustrv,
1
2
The comments represent the views of the nal~~s Regional
Office and the Bureaus of Competition, Consumer Protection,
and Economics of the Federal 'rrade Commie:;sion anr, are n0t
necessarily those of the Commission itself. ~he rommission
has, however, voted to authorize us to prescnt these
comments.
Used Motor Vehicle Trad~ Regula~ion Rulp, l~ ~.~.R. ~ ~ss.
The Honorable William P. Clements, Jr. -- paqe ~ provided the Commission staff with experienc~ in ~anv uspe~t~ of the automobile market.] In addition, the sti'.lff has r;uhrnitt.<:,1 comments on other issues similar to those rai5e~ by this hill 4 We believe that House 9i11 1953 is 1. ikely to arf~ct ·1\.::\,::I~~ consumers adversely by restricting coml?ctition in tr.e lI!;Ni r.lr market. This in turn would likely lead to price increa~~s. Currently, automobile sales may be ffiZ1de by any jl~.11er hol"ing a license for a permanent location. 5 A dealer whc has ~uch a license may op~rate under it anywhere within city limits. "ous~ Bill 1953 would require, however, that a dealer ~~11 only rrn~ the specific location for which the license was 0riginallv issued. Fur.thermore, each location woulfl have ~-.;) quo: 11. f.v .::t'.; 11:l "established and permanent place of business" an~ would hnvp to hav~ an eml?loyee present durinq reasonable business hours. The usual practice of fie"et oealers, such <.1::; Hel:-tz nn·.l 1\vi.s, is to hold used car sales on credit union prol?ertv. Sincn ~~e~e sales entail low overhe.ad, fleet dealers. are able to pass ;)10ng subst3nt~al savings to·consumers. ~redit unions recently surveyed by the Illinois Credit Union League "ntimatc~ thnt members pa.id an average of $1,118 less for a usot:l car ~oln <It: ,"'l credit union-sponsored fleet sale than they woulrl hnve p;)i~ for ~ vehicle sold by a Aconventional- used car dea10r. The propose~ bill would prohibit. fleet nealers f.rom selling vehicles at temporary locations, such as tho~e s~t up hv credit unions and rental car companies. The hill ~lso allows th(~ ~otor Vehicle Commission to cancel a dealer's license if the dCtller all')ws it to be utilized by another entitv or individual. House Bill 1953 therefore proposes to virtually eliminate fleet sales J.s they are presently ,conducted. rrhe pd.ncipal eff.ect of t!lis \-.'Ould b".! to increase costs to consumers in the u~Jen car mark'2t. The effects may be particularly pronounced in certain ~r~~s of the s ta te. tie understand tha t many flee t 5.1 l,~s <He m.)r10. in 3 4 5 The FTC ~ureau of Economic's Staff aeport on the Bfrect~ o~ State Entry Regulation on Retail Antornobile Markets,13nuary, 1986, is a recent example of the Federal ~r~je Commission's concern with anticompetitive regulations in the al1torno~i).e market. Letter from John 'f. Peterson of ·the 'F'T~ Chicago ~egion<ll Office to John W. Hallock, Illinois ftoune 0-: Repre!1entati.ves, November 13, 1986: Letter from John M. Peter~on of: the p~~ Chicago Regional Office to Woods Bowman, Illinois 1I0u!'>e of Representatives, April 24, 1987. Tex. Rev. Civ. ~tat. I\nn. art. 6696 (Vernon 1..(87).
The Honorable William P. Clements, Jr. -- page ~
smaller cities or towns where there may only he~: lj111tr:r) nu:-n!)er
of conventional dealerships. Competition [rom t.n0 flJ~ct s.Jlr=s
may be especially important in thi~ context.
The apparent purpose of this bill is to prot0ct consu~pr3
from fly-by-night operators. Texas already ad~r'!sses these
concerns in several ways. The Texas Deceptive Trade Practlces~
Act provides treble damages for fraudulent acts and practic~s."
Further, current Texas law requires that dealers participating in
sales must hold a license number for a permanent location in
Texas. 7 Thus, Texas consumers are alrea~y proteGte~ f~om
unscrupulous operators who do not have a valid husiness location
in the state. .
The proposed bill would harm consumers in the rental. car
market as well. Fleet sales benefit_this market by enablinq
fleet dealers to turn over Eheir'invantories more efficiently.
By prohibiting fleet sales as they are now con~ucte~, House ~ill
1953 would tend to increase the cost of car rent21s.
In conclusion, we believe that House Rill lQSl woul~
virtually eliminate fleet sales as they are preri()ntlv c()n(lw~tj'(~
and would ultimately harm consumers of used vehi~l0.s. The
unjustified '.imitations on fleet sales are likel\; 1:0 increase
fleet dealers' costs and, correspondingly, increasA the pric0s
conSU'Tl(~rs pay for used vehicles. Restrictinq flE-~et. salQs jn t.~10
manner pr090~ed would also reduce th~ competttio~ that th0s~
sales provide to other segments of the used car ft1fclrket. Fi!1(\llv,
the proposed bill may lead to similar increases ;n price in the
rental vehicle market. For all of the ahove rca~ons, th~ ~t~rf
of the Federal Trade Commission recommends that nouse Ri.ll 19C\1
not be enacted.
~e appreciat~ having had this o~portunity to provi~p. our.
views on these issues.
Sineere .Y, .
//)/ . //
/ I I·.·.. . -: f,
I· C { - _ .•.
",;/
J'm Moseley·
~egi~nal Director
Dallas Regional Officp.
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7
Tex. ~us. & Com. ~ode Ann. ~ 17.01 et. seq. (Vernon 1087).
Tex. Rev. Civ. Stat. Ann. art. 6686 (Vernon lq87).Vous vous demandez comment ce texte s’applique à votre situation ?
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