Consumer Protection

PROTECTING CONSUMER SAFETY—Toys should not be toxic or dangerous for children to play with. Our food should not make us sick. The terms for banking and credit accounts should be clear and easy to understand.

LOOKING OUT FOR CONSUMERS

TexPIRG’s consumer program works to alert the public to hidden dangers and scams and to ban anti-consumer practices and unsafe products.

TROUBLE IN TOYLAND

For 30 years, TexPIRG’s "Trouble In Toyland" report has surveyed store shelves and identified choking hazards, noise hazards and other dangers. Our report has led to at least 150 recalls and other regulatory actions over the years.

Get our tips for avoiding dangerous toys.

BIGGER BANKS, BIGGER FEES

In April, TexPIRG released a report in which we surveyed more than 350 bank branches and revealed that fewer than half of branches obeyed their legal duty to fully disclose fees to prospective customers, while one in four provided no fee information at all. We also found that despite widespread stories about the “death” of free checking, free and low-cost checking choices are still widely available, if consumers shop around.

Find out how to beat high bank fees.

SEE ALL CONSUMER RESOURCES

Issue updates

Letter: Protecting the FTC from Special Interest Attacks

While much of our work has been in defense of the Consumer Financial Protection Bureau (CFPB), we also support the efforts of the over-100 year old Federal Trade Commission.

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Blog Post | Consumer Protection

Delayed CFPB/Other Wall Street Reform Rollbacks Happening Today On House Floor | Ed Mierzwinski

Last month the House canceled floor consideration of the Financial Services and General Government Appropriations bill. FSGG is back on the floor today and tomorrow. We urge support of amendments to protect the Consumer Financial Protection Bureau (CFPB) but, since they won't pass, we urge a no vote on the bill. Here's an updated excerpt from my previous blog.

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Blog Post | Consumer Protection

Court Rejects PIRG-Opposed Swipe Fee Settlement With Visa/Mastercard | Ed Mierzwinski

Today, a panel of the U.S. Court of Appeals for the Second Circuit threw out a preliminary $7.25 billion settlement between Visa and Mastercard and any merchant accepting credit cards (including U.S. PIRG), ruling that despite that seemingly massive payment for past practices that the settlement gave inadequate relief to merchants going forward, as it essentially immunized the networks for any future illegal conduct while providing mostly illusory benefits. Since we accept credit cards from our members, we, joined by Consumer Reports, had formally objected to the settlement as consumer advocates who also happen to be merchant class members (most merchant associations also objected).

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Blog Post | Consumer Protection

House Launches Frenzy of Attacks on CFPB, Public Protections | Ed Mierzwinski

Today and tomorrow the House floor showcases a variety of special-interest backed bills designed to eliminate public protections and weaken financial reform. Action starts soon with an attempt to override the President's veto of legislation to wipe away a new Department of Labor rule designed to protect hard-earned retirement savings from Wall Streeters seeking their "share" of your own share. Then, the House will consider the massive FSGG Appropriations bill, which rolls back the independence and authority of the CFPB and other financial reforms. Finally, they've teed up a bill to eliminate the Supreme Court's long-standing "Chevron doctrine," which says that courts must defer to expert agencies in certain circumstances. Without the doctrine in place, polluters and wrongdoers will have more opportunities to challenge public protections.

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News Release | U.S. PIRG | Consumer Protection

Joint Statement Opposing Exceptions to CFPB Payday Rule

We've joined 10 other leading consumer, community, religious and civil rights organizations to oppose exemptions to a strong CFPB payday and auto title lending rule and to reiterate our opposition to an exception that has already been considered and rejected that would allow lenders to make longer-term installment loans without considering a borrower’s ability to repay so long as the payment did not exceed five percent of a borrowers’ income.

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News Release | TexPIRG | Consumer Protection

Dangerous Chemical Companies Put Millions of Texans at Risk

A new Texas Public Interest Research Group (TexPIRG) report, Chemical Insecurity: America’s most dangerous companies and the multimillion dollar campaign against common sense solutions, identifies the 14 chemical companies that endanger the most Americans in the event of a chemical release.  These companies also spent more than 70 million dollars lobbying and bankrolling the campaigns of the Members of Congress on the committees that oversee chemical security policy.

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News Release | TexPIRG | Consumer Protection

Technologies Can Eliminate Chemical Hazards At Pulp And Paper Mills

Pulp and paper mills that use chlorine or chlorine dioxide to whiten paper needlessly endanger more than 5.7 million people, according to a new report released today by the Texas Public Interest Research Group.

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News Release | U.S. PIRG Education Fund

Despite more than 50 infant deaths from inclined sleepers, including the Fisher-Price Rock ‘n Play and the Kids II Rocking Sleeper, many versions of this type of product remain for sale and in homes. The U.S. Consumer Product Safety Commission (CPSC) is proposing a new rule that would virtually end the sale of inclined sleepers. 

Media Hit

America's largest auto retailer AutoNation is selling used vehicles with unrepaired safety recalls, according to a study by the Texas Public Interest Research Group Education Fund. Those recalls include explosive Takata airbags, faulty GM ignition switches and other defects with no known fixes.

“By selling recalled cars with safety defects, AutoNation endangers customers’ lives before they even reach home,” said Adam Garber, U.S. Public Interest Research Group Education Fund’s Consumer Watchdog. “The only way that AutoNation can ensure a ‘worry-free’ purchase is to repair every recalled vehicle before selling it.”

Report | TexPIRG Education Fund

AutoNation, which bills itself as “America’s Largest Auto Retailer,” is selling recalled used vehicles that contain dangerous safety defects. In a survey of over 2,400 used vehicles for sale at 28 AutoNation locations, 1 in 9 were found to have unrepaired safety recalls. Those vehicles are potentially hazardous to the people who buy them, their passengers and everyone else on the road. Vehicles with defects subject to safety recalls – including malfunctioning Takata airbags and General Motors ignition switches – have been responsible for thousands of injuries and deaths.

Every AutoNation location surveyed was found to have unsafe, recalled used vehicles for sale.

• Researchers surveyed used vehicles for sale at 28 AutoNation locations in 16 metro areas across the nation during July and August 2019. Out of 2,429 vehicles surveyed, 285 had unrepaired safety recalls. 

• Some dealerships had a significantly greater proportion of used vehicles under recall than others. At the Chrysler Jeep West (CO) location, nearly 1 in 5 used vehicles had an unrepaired safety recall. At the Honda Fremont (CA), Hyundai Denver (CO), Chrysler Dodge Jeep Ram and Fiat Johnson City (TN) and Subaru Spokane Valley (WA) dealerships, more than 1 in 6 used vehicles contained an unrepaired safety recall.

• Even “certified” pre-owned vehicles often have unresolved recalls. Our survey found 14 instances of “certified” cars with unrepaired safety recalls.

All vehicle safety recalls should be taken seriously, and vehicles should be repaired before sale to consumers for use on the roads. Some victims have been killed within hours of when a dealer handed them the key to a defective car.

69 of the 2,429 used vehicles surveyed contained recalled Takata airbags that have been linked to 24 deaths and over 200 injuries globally. Exploding shrapnel from defective airbags has caused blindness and brain injury, as well as death from blood loss.

Some recalled used vehicles at AutoNation had no remedy available. 

Of the vehicles surveyed, 47 (16 percent of recalled vehicles) had an unrepaired safety recall for which a remedy wasn’t available at the time of the analysis. Consumers who purchase such a vehicle may have to wait for months or longer before their unsafe recalled vehicle can be repaired.

AutoNation advertises that its used vehicles are “worry free.”

AutoNation claims on its website that “we take the risk out of buying a pre-owned vehicle,” and that “as an industry leader we hold ourselves to higher standards.” It also purports to “provide promises and processes you won’t find anywhere else,” and advertises its pre-owned vehicles as “worry free.”

However, former AutoNation CEO Mike Jackson has admitted that vehicles with safety recalls are far from “worry free.” In 2016, Automotive News reported that he said: 

"These are not that the wrong tire-pressure sticker is on the car or some other little minor item. …These are significant safety recalls, and we feel the time has passed that it's appropriate to take a vehicle in trade with a significant safety recall and turn around the next day and sell it to consumers.”

His statement was referencing the promise that AutoNation made in 2015 not to sell used vehicles with unrepaired recalls. But this pledge lasted less than 18 months. On November 28, 2016, AutoNation walked back on its promise and began to market recalled vehicles.

Many recalled vehicles are at dealers with service shops capable of making repairs in-house.

Most AutoNation dealerships are franchisees which sell new cars that are affiliated with a specific manufacturer and have service shops that specialize in fixing that manufacturer’s vehicles. Since recalled vehicles typically must be returned to an authorized dealer for repairs, this should make it easier for those dealerships to make repairs to used recalled vehicles of the same brand, as a service department capable of making the repairs often exists on site. But, our survey found 62 used vehicles that were being sold by AutoNation dealerships of the same make as the vehicle under recall. 

Dealers’ sales of used vehicles with unrepaired safety recalls may be illegal. 

All states prohibit licensed dealers, including those that sell used vehicles, from engaging in practices such as bait and switch, false advertising, unfair and deceptive acts and practices, fraud, violating express or implied warranties and the common law duty of care, negligence or causing wrongful death. AutoNation’s failure to repair recalled cars despite promising that it is selling vehicles that are of high quality may violate these provisions. 

Auto dealers should not sell unrepaired recalled used cars to consumers. To help address the risks posed by AutoNation’s sales of unsafe recalled vehicles to consumers:

Policy recommendations

  • The U.S. District Court in Washington, D.C., should grant the relief requested by Consumers for Auto Reliability and Safety, U.S. PIRG, and the Center for Auto Safety, and overturn the Federal Trade Commission’s consent orders with GM and with the automotive dealership chains CarMax, Lithia, Koons, West-Herr and Asbury that allows them to advertise that unsafe vehicles with unrepaired safety recalls are "safe," "subject to rigorous inspections," "repaired for safety," and "certified," as long as they merely disclose that the vehicles may have an open safety recall.

  • The Federal Trade Commission should prohibit AutoNation and other dealers from engaging in deceptive and unfair practices, such as advertising its used vehicles as “worry free” and high-quality when they have unrepaired safety recalls. 

  • State attorneys general should investigate AutoNation and other dealers who engage in such practices, and enforce existing state laws that prohibit them from selling unsafe, unrepaired recalled vehicles to the motoring public. 

  • AutoNation should honor the commitment it made in 2015 and re-institute its former policy of not selling used cars with unrepaired recalls. Dealerships across the country should follow suit and implement policies that prevent the sale of used vehicles with unrepaired safety recalls. 

For consumers

  • As long as dealers continue to sell vehicles with unrepaired recalls, consumers should investigate any used vehicle they plan on purchasing to make sure that it does not contain unrepaired recalls. If the vehicle does have an unrepaired recall, consumers should refuse to buy it until it has been repaired by the seller at an authorized dealership.

  • If you recently purchased a used car, you should look up the Vehicle Identification Number (VIN) at www.safecar.gov. If there is an unrepaired recall, go to any of the manufacturer’s authorized dealerships to have it fixed. 

  • If you own a vehicle that is subject to a safety recall, and the parts are not available to fix the recall, insist on getting a safe loaner or rental vehicle from the manufacturer. 

  • Consumers or surviving family members harmed by dealers who sold unrepaired, recalled used cars should consult an attorney in their state who specializes in representing consumers in auto warranty and auto fraud litigation.

News Release | TexPIRG Education Fund

AutoNation, America’s largest auto retailer, is selling used vehicles with unrepaired safety recalls including explosive Takata airbags, faulty GM ignition switches and defects with no fix available. Unsafe Used Cars for Sale, a new report from Texas Public Interest Research Group Education Fund and the Consumers for Auto Reliability and Safety (CARS) Foundation, 1 in 7 cars for sale in Texas at AutoNation dealerships are dangerous to drivers, passengers and others who share the roads. 

“By selling recalled cars with safety defects, AutoNation endangers customers’ lives before they even reach home,” said Adam Garber, U.S. Public Interest Research Group Education Fund’s Consumer Watchdog. “The only way that AutoNation can ensure a ‘worry-free’ purchase is to repair every recalled vehicle before selling it.”

The survey found numerous unsafe cars among more than 2,400 vehicles analyzed at 28 dealerships in 12 states. 1 in 9 cars for sale at all surveyed dealerships had active recalls and specifically, 1 in 7 cars at surveyed Texas dealerships have recalls. The recalled vehicles had defects that could cause vehicles to stall in traffic, seat belts to fail, Takata air bags to propel metal fragments at passengers, cars to catch on fire, or steering to malfunction.

News Release | U.S. PIRG Education Fund

A new analysis of publicly available information from the FDA by U.S. Public Interest Research Group Education Fund finds only 26 percent of a class of recalled blood pressure medications have been assessed for carcinogen contamiantion -- and the majority had some lots with higher levels than the FDA considers safe.

Consumer Protection | U.S. PIRG

Campus debit cards cost students over $24 million in fees

Report shows how campus debit cards — along with how they are marketed — are putting students' financial well-being at risk across the country.

 

Consumer Protection | U.S. PIRG

The real price of medications

The results of our investigation of variations in prescription drug prices may surprise you.

 

Consumer Protection | U.S. PIRG

Driving into debt

The hidden costs of risky auto loans to consumers and our communities

 

Consumer Protection

Congressional investigation concludes that Equifax breach was entirely preventable

The worst data breach in history could have been prevented with some basic security measures.

 
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