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How Some Car Loans Trap Buyers in Debt

7/19/2026

 
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Buying a car is an important step toward stability. Paperwork moves quickly after the numbers are presented on a screen, and you ask yourself if you can afford the monthly payment. For many buyers, the financial terms of the loan remain hidden until it is already too late. Investigations into the auto lending market have revealed a troubling pattern where certain lenders and dealerships structure deals that leave consumers owing far more than the vehicle is actually worth.

When the Loan Is Larger Than the Car’s Value

When a working parent who needed transportation for her job and other responsibilities went to buy a used 2014 Dodge Durango, the dealership required $2,000 down and monthly payments of $670 for five and a half years. At first, the numbers seemed manageable, but over time, the full cost became clear. When she checked the vehicle’s market value, she found that the Kelley Blue Book value for her Durango was somewhere between $6,000 and $13,000. This was a huge contrast to the total amount owed on the loan, which, including interest, reached $46,000.

This type of deal is known as an underwater auto loan, meaning the borrower owes much more than the car is worth from the very beginning. When mechanical problems start or financial hardship strikes, the consumer is still responsible for the inflated balance even if the vehicle isn’t usable anymore.

The Role of Subprime Auto Lending

Some predatory lenders specialize in financing buyers who have lower credit scores or limited borrowing options. One large lender, Credit Acceptance Corporation, works with more than 12,000 used car dealers across the country. Financial counselors who assist struggling borrowers report seeing these loans repeatedly on consumer credit reports.

Subprime lending is not automatically unlawful, and there are many drivers who rely on it when traditional lenders decline their applications. Problems start to come up when the loan terms are designed to generate excessive profit.

​According to internal documents reviewed in a federal investigation, the company used algorithms that estimated how much revenue could be generated from each loan. Those projections included payments, late fees, repossession charges, and collections. In fact, the company expected nearly 40% of the loans they issued to fail, yet continued issuing them.

Inflated Vehicle Prices and Hidden Costs

The pricing structure of these deals usually starts at the dealership. When lenders pay dealers less for the vehicle upfront, dealers, in turn, increase the vehicle price so they can try to make up the difference. Sometimes, vehicles financed through certain lenders get marked up about 40% higher than the typical used car price. That markup allows the lender and dealer to recover costs through the loan while shifting the financial risk onto the buyer. If the borrower falls behind on payments, the lender can repossess the vehicle, sell it again, and potentially repeat the process with another borrower.

Protecting Yourself as a Car Buyer

Auto loans now make up $1.6 trillion in consumer debt in the United States, and the average new car payment has climbed to about $750 per month. So, it’s more important than ever to compare the vehicle’s market value and review the costs of the loan. Independent financing through a credit union or bank may also provide a clearer picture of fair loan terms.

If you believe you were misled about the price of a vehicle, the structure of the loan, or the condition of the car itself, consumer protection laws may apply. Steven Moskos works with South Carolina drivers facing unfair auto sales practices. Contact us so we can review your contract, explain your legal options, and help you determine the next step forward.

Is Your Car Sharing Your Driving Data? A Consumer Protection Perspective

7/4/2026

 
Walking into the dealership to buy a new vehicle, you focus on the price, the warranty, the features, and the financing terms. What most drivers do not focus on is data. However, you might be surprised by the fact that modern vehicles collect detailed information about how you drive, how hard you brake, how fast you accelerate, and even how often you use certain safety features. In many cases, that information does not stay inside the vehicle.

​In fact, industry analysts estimate that roughly 90% of new vehicles now gather driving behavior data. Automakers often share or sell that information to third parties, including insurance companies. You may have technically agreed to it, but that agreement is usually buried so deep in purchase documents and digital disclosures that very few buyers have the time or clarity to review line by line.

​What Information Is Being Collected?

Today’s vehicles are equipped with advanced telematics systems. These systems can record:

● Hard braking events
● Rapid acceleration
● Speed patterns
● Use of driver-assistance features
● Mileage and trip details

Automakers say that this data supports safety, diagnostics, and vehicle performance, but consumer advocates and federal regulators have raised a different concern. The Federal Trade Commission warned in 2024 that vehicle data can be sensitive and that its collection and disclosure may affect both privacy and financial well-being. That concern becomes very real when insurance premiums are involved.

​When Driving Data Affects Your Insurance Rates

​In one widely reported situation, a driver discovered that his insurer had detailed braking data before he ever signed up for a policy. The information reportedly came from his vehicle’s telemetry system. Months later, his premium significantly increased.

If your vehicle shares driving behavior data with insurers, that data may influence underwriting decisions, renewal rates, or risk scoring. You might never receive a clear explanation linking the two. The issue is not whether automakers can collect data. The issue is whether you were given meaningful notice and a real choice.

​The Question of Informed Consent

Automakers generally state that consumers provide consent. Legally, consent may exist within purchase agreements or digital acknowledgments. The problem is visibility. When disclosures are buried in lengthy documentation during a high-pressure transaction, most buyers are focused on the cost of the car, not long-term data use. The FTC recently restricted on automaker from selling driving data for five years after determining that consumers were not adequately notified and did not provide clear affirmative consent. There was no fine, but the order signals regulatory scrutiny.

​What You Can Do as a South Carolina Driver

You can and should request information from your automaker about what data is being collected and whether it is shared. You can review connected services settings in your vehicle and disable optional data programs. You can also ask your insurer directly whether telematics data influences your rate.

If you believe your data was shared without meaningful consent or that it contributed to unfair insurance practices, you may have consumer protection claims. In South Carolina, deceptive or undisclosed data practices fall into consumer protection territory.

​Protecting Your Rights

Vehicles are increasingly connected, and that connectivity carries legal and financial
implications. You deserve transparency about what is being collected, who receives it, and how it may affect you. If you have questions about your rights under SC Lemon Law or potential consumer protection violations tied to vehicle data practices, Steve Moskos can help you explore your options. Contact us today to discuss your situation and determine the next steps forward.
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