WASHINGTON, Aug 16 (Reuters) - The U.S. Federal Trade
Commission sued Asbury Automotive Group ( ABG ) on Friday,
alleging that three of its dealerships in Texas charged Black
and Latino customers higher prices than others and routinely
added services to customers' contracts without their consent.
Up to 75% of customers of Asbury's David McDavid Ford
dealership in Fort Worth, and Honda dealerships in Irving and
Frisco, Texas, reported being charged without their permission
for services such as protective coatings, service contracts and
insurance, according to the FTC.
In some cases, customers had declined the services or
been falsely told they were mandatory, while in others their
permission was never sought, the FTC said.
The dealerships on average charged Black customers $298
more and Latino customers $214 more for the same add-on products
than they did white customers who were not Latino, the FTC said.
Asbury said it rejects the allegation and will contest the
lawsuit. It denied in a statement that minority customers were
charged more for protection products than other customers.
The company said it verified through a Freedom of
Information Act request that the FTC did not receive any
consumer complaints about McDavid dealerships between 2019 and
late spring of 2024.
"We will not allow the FTC to coerce fines from us or
subject us to onerous requirements that negatively impact the
car-buying experience for our customers, would not apply to
others, and would place us at a competitive disadvantage in the
industry," CEO David Hult said in a statement.
Asbury operates more than 155 dealerships in more than a
dozen states.
All five FTC commissioners voted to authorize the case
against Asbury, although Andrew Ferguson, one of two Republican
commissioners, took issue with using a separate case settled on
Thursday against a different dealership to classify
discrimination as an unfair business practice.
FTC Chair Lina Khan and the Democratic commissioners
said on Thursday that exempting discriminatory conduct from
unfair practices would give companies that discriminate a pass.