AG HEALEY ANNOUNCES $1 MILLION MULTISTATE SETTLEMENT WITH CARMAX OVER FAILURE TO DISCLOSE SAFETY RECALLS
Joins AG Coalition Alleging Company Violated States’ Consumer Protection Laws
BOSTON – Attorney General Maura Healey today announced her office joined a coalition of 35 attorneys general in reaching a settlement with CarMax Auto Superstores, Inc., following an investigation into the company for illegally selling used vehicles with open recalls, despite claiming to sell “safe” vehicles.
According to the assurance
of discontinuance, the states allege that CarMax, which is headquartered in
Virginia, participated in deceptive advertising by telling consumers that its
reporting and inspecting practices ensured it was selling “safe” cars. In
reality, CarMax had allowed for vehicles with open recalls related to their
safety to be sold without proper inspection, and without disclosures to buyers.
“Buying a vehicle is a significant financial expense for
many families and individuals, and they need to be sure that the car they are
purchasing is both operational and safe,” said AG Healey. “Under this
industry-changing settlement, CarMax will pay for its practices and be required
to make important safety disclosures to consumers shopping for cars.”
Federal statutes, such as the Motor Vehicle Safety Act,
prohibit the sale of new vehicles with open recalls, however, no such statutory
prohibition exists for the sale of used vehicles with open recalls. This
settlement establishes precedent for a requirement that used car dealers
disclose open safety recalls to consumers before they buy. As a result, CarMax
will present the consumer with copies of any open recalls and obtain the
consumer’s signature on a standalone disclosure document before presenting any
other sales paperwork. CarMax has agreed to not falsely represent vehicles as
“safe.”.
Additionally, CarMax now includes hyperlinks for vehicles
advertised online and QR codes for vehicles on the lot that link directly to
any open recalls on the vehicle, allowing consumers to access the data as they
shop.
CarMax will continue to use the National Highway Traffic and
Safety Administration’s vehicle identification number tool to provide important
safety information to consumers. Consumers also have access to this tool and are able
to check it for any open recalls on their vehicles.
CarMax is further required to pay the states $1 million,
with approximately $21,000 going to Massachusetts.
Joining AG Healey in today’s settlement, led by Illinois
Attorney General Kwame Raoul, are the states of Alabama, Arizona, Arkansas,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Iowa, Kansas,
Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New
Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington,
West Virginia, and Wisconsin.
This case was handled for Massachusetts by Deputy Division
Chief Mychii Snape and Division Chief Shennan Kavanagh of the AG’s Consumer
Protection Division, as well as Deputy Division Chief Krystle Carvalho of the
Consumer Advocacy and Response Division.
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