Articles for Legal & Compliance
Friday, May 10, 2013
The magazine’s legal eagle uses another dealer-targeted lawsuit to encourage dealerships to ‘walk the walk’ when it comes to their privacy policies.
Thursday, May 02, 2013
The magazine’s legal eagle doesn’t know where the CFPB is going with its recent actions regarding dealer participation, but there’s one thing he knows for sure.
Thursday, April 04, 2013
The magazine’s legal eagle doesn’t know where the CFPB is going with its recent actions regarding dealer participation, but there’s one thing he knows for sure.
Thursday, March 14, 2013
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.
Monday, January 14, 2013
Greg Goebel runs through a list of state and federal regulations governing the sale and assignment of a motor vehicle on a retail installment sales contract.
Wednesday, January 09, 2013
Attorney Mark Bross examines a recent FTC action involving a dealership's inadvertent disclosue of customers' information over a peer-to-peer network and cautions dealers to assess their own information collection practices.
Monday, November 12, 2012
The dealer agreements you have with your third party finance sources contain a whole host of warranties. You are responsible for compliance with those warranties and other obligations under the dealer agreements. Failure to satisfy those obligations will result in repurchase requirements. Because those warranties are typically ...
Wednesday, October 10, 2012
Attorney Nicole Munro cautions dealers: even if you think you're running a clean and compliant operation, now is not the time to rest on your laurels.
Wednesday, September 26, 2012
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.
Wednesday, August 29, 2012
Attorney Nicole Munro explains why dealers must be prepared if the Consumer Financial Protection Bureau comes knocking on their door and looks at some the the CFPB's recent enforcement actions.
Wednesday, July 18, 2012
For many years, Ohio law has left many wondering whether the cost of GAP products can be financed. Attorneys Nicole Munro and Glenn Knirsch discuss the recent passage of a bill in Ohio that at last addresses the uncertainty surrounding the sale of these products.
Wednesday, May 16, 2012
The Consumer Financial Protection Bureau recently began a public inquiry into how consumers and financial services companies are affected by arbitration and arbitration clauses. Attorneys Nicole Munro and Latif Zaman of Hudson Cook look at how some state courts are finding ways to invalidate arbitration provisions.
Wednesday, March 28, 2012
Attorneys Nicole Munro and Peter Cockrell of Hudson Cook discuss the Servicemembers Civil Relief Act (SCRA) as it pertains to leasing vehicles to military servicemembers or dependents of military servicemembers.
Wednesday, February 01, 2012
With leadership in place, over 700 employees and bulletproof funding, the Consumer Financial Protection Bureau is moving full speed ahead. Attorney Nicole Munro discusses the CFPB's potential reach and how it could impact dealers.
Wednesday, December 21, 2011
Santa isn’t the only one making a list and checking it twice this time of year. The CFPB and the FTC are making lists that will be used to determine who is naughty and who is nice. Attorney Nicole Munro poses some questions dealers should consider to put together their own compliance checklists.
Wednesday, November 23, 2011
Attorney Nicole Munro discusses disclosures required by the Equal Credit Opportunity Act and its implementing Regulation B, along with the Fair Credit Reporting Act, when a consumer applies for secured credit.
Wednesday, October 26, 2011
Attorney Nicole Munro explains advertising disclosures required by the Truth-in-Lending Act (TILA) and Regulation Z.
Wednesday, August 17, 2011
Attorneys Nicole Munro and Katherine Fisher discuss a recent Florida Court of Appeals case that illustrates the importance of ensuring that the documents dealers use work together to protect them in connection with the sale and financing of vehicles.
Wednesday, June 29, 2011
Many BHPH dealers swear by the use of ACH debits, but not all dealers are aware that they cannot require customers to agree to ACH payments. Attorney Nicole Munro discusses why and explains how dealers can effectively and legally take advantage of ACH payments in their BHPH operations.
Wednesday, May 25, 2011
Attorney Nicole Munro discusses an Arkansas Supreme Court case highlighting a potential pitfall for dealers charging documentary fees.