P&A Providers & Administrators
MenuMENU
SearchSEARCH

GM, Jim Koons and Lithia Settle FTC’s Complaints Regarding CPO Claims

February 3, 2016
4 min to read


WASHINGTON, D.C. — The Federal Trade Commission (FTC) announced today that General Motors, Jim Koons Management and Lithia Motors Inc. have agreed to settle the regulator’s allegations that each touted rigorous inspections for certified pre-owned vehicles, but failed to disclose that some of the vehicles they were selling were subject to unrepaired safety recalls.


According to the FTC, Jim Koons Management, which has 15 dealerships in the Mid-Atlantic region, and Oregon-based Lithia Motors Inc., which operates more than 100 stores in the West and Midwest, are two of the largest retailers of used cars in the nation.

Ad Loading...


“Safety is one of the biggest considerations for consumers shopping for a car,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “So companies touting the comprehensiveness of their vehicle inspections need to be straight with consumers about safety-related recalls, which can raise major safety concerns.”


The FTC’s complaint against General Motors cites the company’s representations regarding certified pre-owned vehicles, such as: “Our 172-point vehicle inspection and reconditioning process is conducted only by highly trained technicians and adheres to strict, factory-set standards to ensure that every vehicle’s engine, chassis, and body are in excellent condition. The technicians ensure that everything from the drivetrain to the windshield wipers is in good working order, or they recondition it to our exacting standards.”


The FTC alleged that GM advertised numerous certified pre-owned vehicles at its local dealerships using these claims without disclosing that certain used cars offered for sale were subject to previously announced open and unrepaired recalls for safety issues.


According to the FTC’s complaint, those cars subject to recalls had defects that can cause serious injury, including a key ignition switch defect that can affect engine power, power steering, braking and airbag deployment, problems in the body control module connection system that can affect braking, and chassis electronic module defects that can cause engine stalls.


The FTC’s complaint against Jim Koons, which also does business as Jim Koons Automotive Cos., notes the company’s purported guarantee that: “Every certified Koons outlet vehicle must pass a rigorous and extensive quality inspection before it can be sold. Our certified mechanics check all major mechanical and electrical systems and every power accessory as part of our rigid quality controls.”

Ad Loading...


The complaint alleges that some cars were subject to unrepaired recalls, including those involving the key ignition switch, alternator-related defects that could cause unexpected vehicle shutdown or an electrical fire, and a rear suspension defect that could result in a fuel leak or fire.


The FTC’s complaint against Lithia Motors cites claims the dealer group made about its “60- day/3000-mile warranty, including: “... Vehicles are put through an exhaustive 160-checkpoint quality assurance inspection. ... We inspect everything from the tires and the brakes to suspension, drive train, engine components and even the undercarriage.”


The FTC’s complaint alleges that some of the cars Lithia advertised were also subject to unrepaired recalls involving defects in the key ignition switch and other safety issues.


Under the proposed consent orders, which would remain in effect for 20 years, the companies are prohibited from claiming that their used vehicles are safe or have been subject to a rigorous inspection unless they are free of unrepaired safety recalls, or unless the companies clearly disclose the existence of the recalls in close proximity to the inspection claims. The proposed orders also would prohibit the companies from misrepresenting material facts about the safety of used cars they advertise.


These proposed orders will also require the companies to inform recent customers, by mail, that their vehicles may have an open recall. For GM, this requirement applies to certified pre-owned used vehicles purchased between July 1, 2013, and the final order date. For Lithia, the requirement applies to Lithia Warranty used vehicles purchased during the same time period. For Koons, it applies to certified used vehicles purchased between July 1, 2013, and June 15, 2015.

Ad Loading...


The FTC’s actions are part of its ongoing crackdown on deceptive advertising, officials said. Since 2012, the FTC has brought 40 actions in auto-related transactions.


The commission vote to issue the administrative complaints and to accept the consent agreements was 4-0. The FTC will soon publish a description of the consent agreement packages in the Federal Register, the regulator said. The agreements will be subject to public comment for 30 days, beginning today and continuing through Feb. 29, 2016, after which the commission will decide whether to make the proposed consent orders final.

More Industry

Kia Niro SUV in gold color parked outdoors
Industryby Hannah MitchellSeptember 1, 2026

Kia Closes Out Summer With a Bang

Its U.S. subsidiary broke multiple records in August, in part due to a surge of demand for hybrids models.

Read More →
Outside of Auto Park Ford dealership
Industryby Lauren LawrenceSeptember 1, 2026

Indiana Dealership Changes Hands

A 30-year-old Ford dealership in Indiana has a new owner and will soon be undergoing renovations to meet manufacturer requirements.

Read More →
Three men standing in front of two classic cars handing off gift.
Industryby Hannah MitchellAugust 25, 2026

Texas Dealership No Longer in the Family

The Ford store, a longtime cornerstone of the Houston market, is now part of one of the fastest-growing U.S. auto groups.

Read More →
Ad Loading...
Outside of modern car dealership “Genesis of San Bruno
Industryby Lauren LawrenceAugust 25, 2026

Genesis Grows California Presence

The Cardinale Automotive Group opened its third Genesis rooftop in the Golden State, Genesis of San Bruno, a stand-alone dealership serving the San Francisco Bay Area.

Read More →
Red Honda Civic hybrid sedan on two lane road with green hills in background
Industryby Hannah MitchellAugust 21, 2026

August Auto Sales a Mixed Bag

An early forecast shows strong business despite consumer hurdles, and hybrids are a big piece of their affordability coping strategy.

Read More →
EV charger inserted into dark-colored car port
Industryby Hannah MitchellAugust 18, 2026

EV Market Humming Along

July sales show steady growth as the segment stabilizes from last year’s artificial surge following pullback of federal support.

Read More →
Ad Loading...
car in background with hand giving a thumbs up in front
Industryby Lauren LawrenceAugust 14, 2026

Auto Loan Delinquency Rates Stabilize

Auto loans are a main driver of nonmortgage consumer debt, but delinquency rates stabilized in the second quarter across all credit risk tiers.

Read More →
blue sky, yellow and orange rollercoaster with riders going up an incline
Industryby Lauren LawrenceAugust 12, 2026

EV Sales Recover in Q2

The EV sales roller coaster continues as numbers show improvement, but industry experts predict a year-over-year third-quarter decline and fourth-quarter jump.

Read More →
Photo of blue Toyota Prius parked next to body of water with city skyline in background
Industryby Hannah MitchellAugust 5, 2026

The Cheapest Hybrids to Fuel

The powertrain is increasing in popularity, in no small part due to its fuel economy. A new report lists the most efficient hybrids on the market.

Read More →
Ad Loading...
white SUV parked in front of a body of water with a gray sky background
Industryby Lauren LawrenceAugust 5, 2026

Hybrids and SUVs Gaining Ground

The most recent Kelley Blue Book Brand Watch found that only two nonluxury brands increased in shopper consideration, buoyed by their hybrid and SUV offerings.

Read More →