Article

lawsuits

April 2017, Auto Dealer Today - Feature

Recycled Class Action Theories

By Thomas B. Hudson, Esq.

Dealers in Oregon are facing a class-action lawsuit that describes dealer participation as a kickback scheme.

Tags: Financing, lawsuits, Regulations

December 2015, Auto Dealer Today - Feature

Vicarious Liability

By Thomas B. Hudson, Esq.

When is a dealership liable for its customer’s negligence?

Tags: compliance, lawsuits, risk

October 2015, Auto Dealer Today - Feature

Defeating Class Actions the Old-Fashioned Way

By Thomas B. Hudson, Esq.

If the CFPB has its way, pre-dispute arbitration agreements will no longer protect dealers from class-action lawsuits.

Tags: CFPB, court, lawsuits, Legal

January 2014, Auto Dealer Today - Feature

Write Your Legislator

By Thomas B. Hudson, Esq.

A California case illustrates the value of the “cure” statutes that protect dealers in some states.

Tags: CarMax, lawsuits, Legal, legislation

August 2013, Auto Dealer Today - Cover Story

Spotting a Fake Online Review

By Stephanie Forshee

Lawsuits filed by Edmunds and Yelp against firms posting fake reviews serve as another reminder of the high-priced battle review sites are waging to maintain their influence on consumers.

Tags: BuyYelpReview.com, Cars.com, Customer Reviews, Dealerrater, Edmunds, fraudulent reviews, Gartner Research, Humankind Design Ltd., lawsuits, reputation management, trademark infringement, WayBack Machine, Yelp reviews

July 2013, Auto Dealer Today - Feature

Putting Up A Fight

By Stephanie Forshee

The industry continues to emerge from the Great Recession, but dealer-protection bills approved in New Hampshire and Colorado prove that not everything is getting back to normal.

Tags: auto dealer, dealer bill of rights, dealer protection, disenfranchisement, economic downturn, Essential Brand Elements (EBE), facility upgrades, lawsuits, lobbying, NADA, OEM, two-tier pricing

June 2013, Auto Dealer Today - Feature

Describing F&I's Role

Thomas B. Hudson is a Partner in the law firm of Hudson Cook LLP. THudson@AutoDealerMonthly.com

By Thomas B. Hudson, Esq.

The magazine’s legal eagle dusts off his soapbox to deliver a warning he’s delivered countless times before. But this time, there’s more at stake than the threat of consumer lawsuits.

Tags: Consumer FInancial Protection Bureau, discrimination, Finance, Indirect Lending, lawsuits, loans, Regulations, retail installment contracts

April 2013, Auto Dealer Today - Feature

Peer-To-Peer-To-Public

By Mark A. Bross

The FTC's actions against a Georgia dealership offer several lessons for dealers who utilize P2P networks.

Tags: data protection, Federal Trade Commission, Internet, lawsuits, peer-to-peer, PERSONAL IDENTIFICATION INFORMATION

February 2013, Auto Dealer Today - WebXclusive

Are Car Dealers Racketeers?

By Thomas B. Hudson, Esq.

The magazine’s legal expert weighs in on a court case involving a consumer’s use of the RICO Act to sue a dealer.

Tags: BDC, Customer Relations, FEDERAL REGULATION, fraud, lawsuits, RICO act, wire fraud

December 2012, Auto Dealer Today - WebXclusive

Harmless Horseplay is not a Harassment Defense

By Jim Radogna

Author Jim Radogna discusses the alarming numbers of harassment and discrimination lawsuits being filed against car dealerships.

Tags: BDC, discrimination, EEOC, employees, employment, Equal Employment Opportunity Commission, harassment, labor laws, lawsuits, privacy policy

November 2012, Auto Dealer Today - WebXclusive

When You Must Issue an Adverse Action Notice

By David Missimer

Expert David Missimer, Vice President and General Counsel of Automotive Compliance Consultants, clearly spells out the conditions under which auto dealers must provide an adverse action notice. Missimer explains exactly what dealers must know and when you must issue an Adverse Action Notice under the Fair Credit Reporting Act (FCRA).

Tags: Adverse Action Notice, court, Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act, FEDERAL REGULATION, FTC, lawsuits, Regulations

November 2012, Auto Dealer Today - WebXclusive

Uncommon Sense

By Thomas B. Hudson, Esq.

Legal expert Thomas Hudson points out the important of a "integration clause" to preclude the buyer from later claiming the dealer orally promised to include in the deal the sun, the moon and the stars.

Tags: Arbitration, BDC, contracts, Deceptive Practices, fraud, integration clause, lawsuits, MVSFA

October 2012, Auto Dealer Today - WebXclusive

Don’t Forget to Tell Your Inventory Story

By Jim Radogna

Jim Radogna, President of Dealer Compliance Consultants, discusses what vehicle conditions and history reports you should disclose to your customers. Jim also talks about how to determine if the vehicle you're selling should be classified as new or used.

Tags: Auction, AutoCheck, BDC, Carfax, customer satisfaction, Disclosures, Federal Trade Commission, Inventory Management, inventory merchandising, lawsuits, unwinding a deal, vehicle history report

August 2012, Auto Dealer Today - WebXclusive

You Should Not Be in the BHPH Business If …

By Thomas B. Hudson, Esq.

A few words of caution from attorney Tom Hudson: if you fit any of these descriptions, you shouldn't be in the BHPH business.

Tags: BDC, bhph, compliance, Consumer FInancial Protection Bureau, lawsuits, retail installment contracts

August 2012, Auto Dealer Today - WebXclusive

UCCC Extraterritoriality - But it’s a Minnesota Contract!

By Nicole Munro

If a finance company buys retail installment contracts from auto dealers in its home state, what happens when a consumer named in one of those contracts moves to a state with different laws from the company’s home state? Attorney Nikki Munro discusses a recent case that poses that very question.

Tags: BDC, Credit Acceptance Corp., default rates, lawsuits, Repossessions, retail installment contracts, Wisconsin

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