February 2021 - Greater Cincinnati Automobile Dealers Association

Synchrony spared from CFPB case over promo credit offers

By Jon Hill – Law360

Law360 (February 12, 2021, 9:42 PM EST) — Synchrony Financial is telling investors that the Consumer Financial Protection Bureau has backed down from a potential enforcement action against the company after the agency investigated its promotional credit offers. 

In a Thursday regulatory filing, Synchrony said it received official word from the CFPB last month that the agency’s enforcement office “currently does not intend to recommend” pursuing a case related to the company’s marketing and servicing of deferred-interest promotions.

The disclosure comes after Synchrony, which is one of the nation’s top private-label credit card issuers, said last fall that the CFPB had advised it was mulling “legal action” on the matter, which the agency had begun investigating in 2017 toward the end of its first Director Richard Cordray’s tenure.

Under Cordray, an appointee of former President Barack Obama, the CFPB told credit card companies more than once that it had concerns about how promotional interest rate offers were being pitched to consumers, stressing a need for transparent disclosures to minimize the risk of surprise charges.

Asked Friday for further details about the nature of the Synchrony investigation and the enforcement office’s decision, a CFPB spokesperson did not immediately respond. A Synchrony spokesperson also did not immediately return a request for comment.

In its Thursday filing, the Connecticut-based Synchrony said that it was notified of CFPB enforcement’s decision on Jan. 15, just days before the agency’s former Director Kathleen Kraninger, an appointee of former President Donald Trump, resigned at the request of the incoming Biden administration.

President Joe Biden has announced Federal Trade Commission member Rohit Chopra as his nominee to succeed Kraninger on a permanent basis and has tapped Dave Uejio, formerly chief strategy officer at the CFPB, to lead the agency in the interim.

CFPB enforcement previously declined to go after Synchrony in 2018 following a multi-year investigation into the company’s credit reporting practices around sold-off accounts. The agency was led at the time by acting Director Mick Mulvaney, another Trump official.

But Synchrony hasn’t always been spared. In 2014, Synchrony agreed to pay nearly $230 million in penalties and consumer relief to settle coordinated actions brought by the CFPB and U.S. Department of Justice over alleged deceptive add-on marketing and discriminatory credit practices from its time as GE Capital, a former banking arm of General Electric.

Big auto show era truly over

Jamie Butters – Automotive News Chief Content Officer 

 

You can have a Christmas in July, but it just isn’t the same.

A few years ago, I asked Sam Slaughter, the former Detroit Auto Dealers Association chairman, about the need for the show he once organized to reinvent itself and stop trying (and failing) to compete with CES for media attention in January. His reply: It would be easier to move Christmas.

His successors decided to move it anyway, which was a reasonable thing to do, given that so many automakers had been pulling out of the North American International Auto Show. They tried to reimagine what the Detroit show could be — or what any major auto show could be. But it didn’t work.

While the broader economy struggles with coronavirus limitations, the auto industry is thriving as affluent consumers pay record prices for a limited selection of vehicles. The bottom line is that automakers have money — they just don’t want to spend it on major, global auto shows.

Too few companies — perhaps fewer than one? — were willing to commit significant funds to make the new Detroit event a spectacular scene.

As one friend put it: The Motor Bella being planned for Pontiac’s M1 concourse may be little more than a glorified cars and coffee.

And hey, cars and coffee is great. It’s an important part of auto culture and a sweet slice of Americana.

But it isn’t a pop-up Vegas, where celebrities dazzle the cameras and national news is made by multiple leaders of global industrial powerhouses.

Auto shows were already in perilous decline, and I appreciate what the Detroit auto dealers and their professional staffs tried to pull off: an automotive SXSW that would highlight the best of Detroit, the future of mobility and the heart of American culture. They just couldn’t get enough buy-in to make it work.

Something is lost with the end of the global auto show — a lot, I would argue, in terms of human connections and the level-setting that takes place when everyone is on effectively the same stage. But those things can be hard to quantify. The numbers lean decisively toward holding one-off events for a single company or brand or a key vehicle. Or simply holding an online reveal that costs less and reaches more people.

The shame is that multiple technological revolutions are coming to the auto industry: EVs, automated driving, new forms of transportation. Institutions such as global auto shows present opportunities to educate shoppers where everyone can keep each other honest. Sounds quaint, right? But for big incumbents facing a slew of unproven upstarts, leaving the public’s education to chance seems like a foolish risk. I can only hope that the industry has some smart ideas for building consumer knowledge and trust instead of leaving it to those with less skin and soul in the game.

The last auto show I attended was Tokyo in 2019. It seems that Akio Toyoda is driven by a joyful strain of noblesse oblige that leads him to pour good money into the Tokyo Motor Show and make it interesting, culturally relevant and industrially educational.

Bringing in the Japanese equivalents of RuPaul and AJR drew enough lookie-loos to the Tokyo show to declare it a success. Did all 1.3 million people visit the arcadelike display of possible uses for Toyota’s e-Palette concept and seek out the redesigned Mirai fuel cell sedan and observe Honda’s curiously useful innovations and gawk at Nissan’s surprisingly gorgeous Ariya crossover? Of course not. But those products and the companies and ideas behind them were celebrated and planted into Tokyo’s psyche because of Toyoda’s vision and, frankly, his checkbook.

Remember: It was his company, along with Nissan, that made Detroit an international event with the 1989 introductions of their luxury brands.

Though in honesty, as interesting and exciting as the 2019 Tokyo show was, it was very much a Japanese show that no longer draws CEOs (or hardly anyone) from America or Europe or even South Korea.

Regional shows — that’s where the smart money is. There are a lot of people who like to come out and look at cars outside of a dealership: people who are enthusiastic about vehicles, people who are or will soon be in the market.

Those kinds of shows — without pyrotechnics, without breaking news — were thriving before the pandemic, and there’s no reason to expect that won’t continue. But seeing Detroit’s become one of them again is not the Christmas we grew up on.

Fisher Phillips survey most employers not interested in mandating COVID-19 vaccination but uncertain how to incentivize workforce inoculation

By: Phillip Bauknight, Richard Meneghello and Kevin Troutman

The vast majority of employers are not considering mandating their employees receive the COVID-19 vaccine, instead choosing to encourage the shot – but a significant number of businesses remain confused and uncertain on whether and how to incentivize their workers to get inoculated. That’s according to a recent survey conducted by Fisher Phillips, with 700 respondents providing their thoughts between January 26-29. While employers can dive into the firm’s Vaccine Resource Center to obtain further information and resources, a quick review of these survey results also sheds light on the thinking of other businesses when it comes to this specific challenge.

Small Percentage Of Employers Are Considering Mandating The Vaccine

Only 9% of respondents said they were considering requiring employees to take the vaccine as a condition of their employment, while 64% said they were not thinking about mandating it. Meanwhile, 27% said they were unsure what they would do.

Of those considering a mandate, agricultural and food production employers are far and away the likeliest to require it (18%). Employers in the construction (13%), healthcare (12%), hospitality (11%), and retail (10%) industries also rank near the top. Least likely to mandate the vaccine? Government employers (4%), and those in the finance and insurance (5%), professional services (5%), automotive (6%), manufacturing (7%), and education (9%) industries.

For more information on the legality of mandating COVID-19 vaccinations and practical steps to consider regarding the process, we recommend you check out our recent alert: Top 7 Things You Need To Know As EEOC Says Employers May Mandate COVID-19 Vaccines.

Tremendous Uncertainty Exists Regarding Incentives

Employers have a palpable sense of uncertainty when it comes to offering incentives to get the vaccine. Close to half of all respondents (43%) are unsure about whether to offer some form of incentive to those workers who receive the vaccine, many commenting that their hesitancy is fueled by the current legal uncertainty. For more information on the risks associated with common methods of incentivizing COVID-19 vaccinations, we recommend you check out our brand-new alert: Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs.

Meanwhile, more than a third of respondents (36%) are not interested in offering incentives, with 21% indicating that they were currently planning or considering offering incentives to their vaccinated workers.

Cash, Gifts, And Paid Time Off Are Most Common Incentives

Of those employers considering incentives, the two most popular categories include cash/gifts (38%) and paid time off (30%).

Cash/Gifts

When it comes to those considering cash/gifts, about a quarter of them (24%) will provide compensation worth over $100, while a similar number (22%) will consider an amount under $100. The remainder of employers are either considering nominal company swag (6% will provide company-branded merchandise such as t-shirts or water bottles, or gift cards to the company store) or unsure of what kind of gift or how much cash they will give (48%). One of the more creative cash/gifts incentives that is being considered by several respondents is a company raffle, whereby those choosing to get inoculated will be entered into a contest to win a prize such as a $1,000 cash prize, an Apple watch, or some other luxury item.

Paid Time Off

As for those employers considering providing employees with paid time off, employers are split between providing four hours or less (11%) or a full day off (11%). A very small percentage (2%) is considering offering more than one day off. As for now, however, 76% of employers considering giving PTO to their workers are unsure how much time off they will provide.

Other Incentives

Meanwhile, 5% of employers believe it is incentive enough for them to provide onsite vaccinations to their workforce, and another 3% simply plan on covering any costs associated with the vaccine. A quarter of respondents (25%) are currently unsure what they will provide when it comes to an incentive.

Encouragement Seems To Be The Likeliest Tactic At This Point

Given the uncertainty surrounding incentives and the hesitancy to mandate vaccinations, it appears that encouraging employees to get inoculated seems to be the most common strategy that will be employed at businesses. More than three-quarters of employers (78%) say they will consider encouraging workers to get the vaccine, with only 9% saying this was not a tactic they were considering.

Conclusion

We will continue to monitor developments related to the COVID-19 vaccines and related workplace questions that arise. Make sure you are subscribed to Fisher Phillips’ alert system to get the most up-to-date information. If you have questions about how to ensure that your vaccine policies comply with workplace and other applicable laws, visit our Vaccine Resource Center for Employers or contact your Fisher Phillips attorney or any attorney on our FP Vaccine Subcommittee.

Meanwhile, we will continue to survey employers on the most pressing topics of the day on a regular basis and report back on the results. To ensure you are part of the process, please subscribe to Fisher Phillips’ alert system.