On the Dash:
- The FTC dismissed its 2024 administrative complaint against Asbury Automotive Group and three Texas dealerships on Oct. 5, ending a case that never reached the merits.
- The commission cited years of potential additional federal litigation and its limited resources, showing how procedural challenges can stall an FTC case.
- The agency said it remains committed to pursuing price transparency, including for dealers, so advertised pricing practices still carry enforcement risk.
The Federal Trade Commission (FTC) dismissed its administrative complaint against Asbury Automotive Group and three Texas dealerships Oct. 5, ending a case that sat stalled for more than two years while Asbury challenged the agency in federal court. The FTC said it remains committed to pursuing price transparency for auto dealers in the appropriate forum.
The commission issued an order returning the matter to adjudication and dismissing the complaint, which it issued Aug. 16, 2024, seeking permanent injunctive relief. The complaint also named Asbury Ft. Worth Ford, David McDavid Honda of Frisco, David McDavid Honda of Irving and Ali Benli, an officer of the three dealerships.
Federal lawsuit stalled the case
Shortly after the complaint, Asbury sued the FTC in the U.S. District Court for the Northern District of Texas, seeking a preliminary injunction and challenging the commission’s structure and administrative procedures. The administrative proceeding then went on hold while the federal court resolved those issues, and the agency said it never had the opportunity to prosecute the case substantially.
The district court denied the preliminary injunction and dismissed several of Asbury’s constitutional claims. However, the lawsuit remains pending, while an interlocutory appeal of that denial moves forward. The FTC said additional federal litigation could take years before the administrative case could begin in earnest.
FTC cites limited resources
Moreover, the commission said it must constantly evaluate how it deploys its limited resources, including the increasingly unlikely prospect of a timely resolution on the merits. Based on the totality of the circumstances, the commission said it reached the difficult conclusion that the public interest requires ending the litigation.
The FTC pointed to recent remarks, warning letters and federal district court actions as evidence of its commitment to price transparency, including for auto dealers. The order cites a March 13 announcement that the agency warned 97 auto dealership groups about deceptive pricing.
The agency had already narrowed the case when it amended the complaint on July 17, 2025, to drop a count alleging discriminatory financing practices under the Equal Credit Opportunity Act and Regulation B, consistent with Executive Order 14281, which directed the commission to evaluate pending proceedings that rely on disparate-impact theories.
