Florida AG Announces Multistate Action Against CarMax Over the Disclosure of Safety Recalls

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TALLAHASSEE, Fla.—Attorney General Ashley Moody today announced a multistate action against CarMax Auto Superstores, Inc. As a result of a nationwide investigation by Attorney General Moody and 35 other attorneys general, CarMax is now required to disclose open unrepaired recalls related to the safety of used vehicles before consumers make the purchase. CarMax must also pay the states $1 million.

Attorney General Ashley Moody said, “This nationwide action will be industry changing—requiring CarMax to be transparent with customers and ensure they have all the information about unrepaired vehicle recalls before they make a purchase.”

CarMax will continue to use the National Highway Traffic and Safety Administration’s vehicle identification number tool to provide this important safety information to consumers. Consumers can also avail themselves of this tool to check for any open recalls on their vehicles.

This industry-changing settlement requires CarMax to clearly and conspicuously disclose to consumers that a used vehicle is subject to an open, unrepaired recall and the safety risks of that recall before a purchase is made. CarMax must present the consumer with copies of any open recalls and obtain the consumer’s signature before presenting any other sales paperwork. CarMax is also required to include hyperlinks for vehicles advertised online and QR codes for vehicles on the lot that link directly to any open recalls on the vehicle so consumers can access this data as they shop. Additionally, CarMax agrees to not represent vehicles as “safe” or have been repaired for “safety” issues.

In addition to Florida, represented by Consumer Protection Division Multistate and Privacy Bureau Chief Patrice Malloy and Senior Assistant Attorney General Diane Oates, the attorneys general from the following states participated in this action: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, 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.

To read a copy of the multistate agreement, click here.

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