What happened
On February 2, 2016, the Consumer Financial Protection Bureau and the Justice Department announced a joint resolution with Toyota Motor Credit Corporation, Toyota’s captive auto lender. The agencies said the company’s dealer-markup pricing and compensation structure resulted in African-American and Asian/Pacific Islander borrowers paying higher interest rates than non-Hispanic white borrowers without regard to creditworthiness, violating the Equal Credit Opportunity Act.
CFPB said thousands of African-American borrowers paid, on average, over $200 more, and thousands of Asian/Pacific Islander borrowers over $100 more. Toyota agreed to pay up to $21.9 million into a restitution fund ($19.9 million plus up to $2 million for a transition period), lower markup caps, and change compensation practices. DOJ’s case page records the C.D. Cal. complaint and consent order, entered February 11, 2016. That is a consent-order settlement of agency allegations, not a trial verdict after a contested trial.
The Cookout read
Concern. A national auto lender’s markup system that federal agencies said systematically cost Black borrowers more is the receipt. Label the dollars as restitution under a consent order, and do not upgrade the case into a jury finding of intentional hate.