Article

Legal

September 2017, Auto Dealer Today - Feature

Oink, Oink

Getty Images

By Thomas B. Hudson, Esq.

Can damages exist without evidence? Hudson retells the story of a New Jersey dealer who stood up to charges of concealing a salvage title - and won.

Tags: CFPB, Lawsuit, Legal, training

August 2017, Auto Dealer Today - Feature

Lift Kits and Warranties

Getty Images

By Thomas B. Hudson, Esq.

An FCA dealer successfully fought charges of a Texas Deceptive Trade Practices Act violation.

Tags: Deceptive Practices, Lawsuit, Legal, warranty

June 2017, Auto Dealer Today - Feature

The High Cost of Free Software

David Gesualdo

By David Gesualdo

Pirated software and shared licenses are commonly enforced violations of the U.S. Copyright Act.

Tags: Legal, software

June 2017, Auto Dealer Today - Feature

Oops!

Photo courtesy Société BIC S.A.

By Thomas B. Hudson, Esq.

Failing to recognize the difference between a loan and a retail installment contract led to a costly violation of the Georgia Motor Vehicle Act.

Tags: Auto Loans, Legal, retail installment contracts

May 2017, Auto Dealer Today - Feature

Falling Sky?

By Thomas B. Hudson, Esq.

Hudson plays Chicken Little as two New York dealers face the wrath of allegedly overcharged customers.

Tags: Credit, Legal, Pricing, Truth in Lending Act

November 2016, Auto Dealer Today - Feature

Paranoia or Real Danger?

By Thomas B. Hudson, Esq.

The CFPB really is following you, and every mistake you make in the showroom and in your advertising can lead to an enforcement action.

Tags: advertising, CFPB, Legal, showroom

August 2016, Auto Dealer Today - Feature

Sweat the Small Stuff

By Thomas B. Hudson, Esq.

When it comes to regulations such as Truth in Lending and Reg Z, there are no technicalities, only violations.

Tags: Legal, Regulation Z, Truth in Lending Act, Violations

July 2016, Auto Dealer Today - Feature

Dealer ‘Clipped’ for $2.4 Million

There is no law against welding two undamaged vehicles together, but attempting to hide the "new" vehicle's history can cause more trouble than it's worth.

By Thomas B. Hudson, Esq.

A South Carolina dealer learned the hard way that concealing damage to a used vehicle can result in costs that far outweigh its value.

Tags: Lawsuit, Legal, used vehicles

June 2016, Auto Dealer Today - Feature

Look Within

By Thomas B. Hudson, Esq.

If you’re wondering where all those pesky rules and regulations come from, look no further than the dealer down the street.

Tags: CFPB, Legal, Regulations

May 2016, Auto Dealer Today - Feature

React, Adapt, Win

David Gesualdo

By David Gesualdo

This month’s dealer profile is proof that adaptability breeds success.

Tags: Dealer of the Year, dealers, F&I, Legal, sales

May 2016, Auto Dealer Today - Feature

Zombie Arbitration Agreements

By Thomas B. Hudson, Esq.

A Georgia case proves the wisdom of a periodic review of your dealership’s forms.

Tags: arbitration agreements, Lawsuit, Legal

April 2016, Auto Dealer Today - WebXclusive

How to Get Your Dealer License

Photo: James Pierce

By Todd Bryant

Expert offers a six-step plan for first-time auto dealers.

Tags: business tools, dealers, Legal, Regulations

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

October 2015, Auto Dealer Today - Feature

Attention All Data Furnishers

By Richard Hudson

Any entity that feeds a consumer reporting agency is considered a ‘data furnisher’ by the CFPB and must be aware of three credit reporting factors that can’t be overlooked.

Tags: CFPB, Credit Report, Legal

September 2015, Auto Dealer Today - Feature

The Case of the Invisible Waiver

By Thomas B. Hudson, Esq.

If the waivers intended to protect your dealership aren’t clearly visible, they might as well not be there.

Tags: common paperwork problems, compliance, documentation, Legal

April 2015, Auto Dealer Today - WebXclusive

The Battle of Sacramento

In 2012, California’s capital was the site of a yearlong battle between state lawmakers and buy-here, pay-here dealers. Two new laws designed to protect consumers are now on the books, and dealers say they’re causing headaches on both sides of the sale.

By Tariq Kamal

In 2012, California’s capital was the site of a yearlong battle between state lawmakers and buy here, pay here dealers. Two new laws designed to protect consumers are now on the books, and dealers say they’re causing headaches on both sides of the sale.

Tags: California, Legal, legislation

April 2015, Auto Dealer Today - Feature

Look Who Emailed Me!

An invitation to join the CFPB’s Company Portal should not be ignored, and some dealers may choose to sign up preemptively. 

By Thomas B. Hudson, Esq.

An invitation to join the CFPB’s Company Portal should not be ignored, and some dealers may choose to sign up preemptively.

Tags: CFPB, consumer complaints, Email, Legal

March 2015, Auto Dealer Today - Feature

Better Than Repossession

The misguided attack on starter interrupt devices stems from a fundamental misunderstanding of their function and the benefits they offer to car buyers. 

By Thomas B. Hudson, Esq.

The misguided attack on starter interrupt devices stems from a fundamental misunderstanding of their function and the benefits they offer to car buyers.

Tags: Debt Collection, Legal, Repossessions

February 2015, Auto Dealer Today - Feature

Stick to the Script

A lawsuit against a Minnesota dealer highlights the need to keep the cost of a service contract from being part of the finance charge.

By Thomas B. Hudson, Esq.

A lawsuit against a Minnesota dealer highlights the need to keep the cost of a service contract from being part of the finance charge.

Tags: Finance, financial regulation, Legal, Service Contracts

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

December 2013, Auto Dealer Today - Feature

Complying With Collections Laws

Some retail installment sales contracts slow the repossession process by requiring dealers to offer customers a chance to cure a default — even though that provision may not be required by state law.

By Tom Hudson

The magazine’s resident legal eagle ponders how laws governing debt collection apply to auto dealers.

Tags: auto dealer, car dealer, Dealership, Debt, Debt Collection, Finance, Legal, Tom Hudson

November 2013, Auto Dealer Today - Feature

Don't Use Fake Fronts, Hire a Compliance Officer

By Tom Hudson

Is your compliance program the real deal? The magazine’s legal wiz explains why nominating a compliance officer is only the first step.

Tags: automotive, compliance officer, F&I, Legal, Red Flags Rule, Tom Hudson

November 2013, Auto Dealer Today - Cover Story

Locked Out: Dealers Shunning Businesses

By Stephanie Forshee and Brittany-Marie Swanson

Car dealers tend to stick together when it comes to opposing any new business that poses a threat to the industry’s core foundation. But an FTC investigation has auto retailers questioning what the limits are when it comes to standing their ground.

Tags: antitrust, automotive, blogging, Brian Maas, California New Car Dealers Association, Carfax, collusion, Dana Frix, Elon Musk, FTC, Jim Ziegler, Larry Gamache, Legal, Melissa Cherry-Westman, monopoly, Scott Painter, Stephanie Forshee, Tesla Motors, TrueCar

February 2013, Auto Dealer Today - Feature

A Momentous Occasion

By Daryl K. Tabor

'Momentum' is the theme of NADA's 2013 convention, where dealers will meet to determine how to build on last year's industrywide gains.

Tags: body shop, effects of the recession, Finance, interest rates, Internet, leadership, leasing, Legal, NADA, NADA Convention and Expo, Parts and Service, Regulations, sales

December 2012, Auto Dealer Today - WebXclusive

Free Legal Advice on the Internet

By Thomas B. Hudson, Esq.

Attorney Tom Hudson explains why relying on the Internet for legal research and compliance is no substitute for the advice of a qualified legal professional.

Tags: BDC, compliance, Consumer Financial Protection Bureau, consumer protection, federal lawsuit, Federal Trade Commission, Legal, Regulations, retail installment contracts

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