Archive by Author

New Mexico Issues New Spot Delivery Regulations

The Office of the New Mexico Attorney General recently adopted new spot-delivery regulations.  The regulations took effect June 1 and impose a wide-range of dealer requirements related to spot-delivery practices. The actual regulations can be downloaded using the following link. New Mexico Spot Delivery Regulations (12.2.13).

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Proper Dating of Contracts: Avoiding Liability After Nelson v. Pearson Ford

In July of last year, a California appellate court handed down a very nasty, published decision that makes backdating retail installment sale contracts even riskier now than it was before.  I have been advising dealers not to backdate contracts for many years. However, what triggered a wave of suits in California and other states is a 2002 […]

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What Most Dealers Need to Know About the Consumer Finance Protection Bureau

What Most Dealers Need to Know About the Consumer Finance Protection Bureau

By now, most dealer personnel should be aware that there was a massive law passed last year called the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  Also referred to generically as “the Wall Street Reform Bill” or “Dodd-Frank,” this new law provides for sweeping changes in the consumer finance arena and, among […]

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ADL Authors Mike Charapp and Rob Cohen Tapped by the FTC to Participate in Roundtable Discussions

On the recommendation of the National Automobile Dealers Association (NADA), the Federal Trade Commission (FTC) selected ADL authors Mike Charapp and Rob Cohen to participate as panelists in a roundtable discussion that was held on April 12, 2011 at Wayne State University Law School in Detroit.  The roundtable discussions focused on consumer issues in motor […]

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Salesperson Pay

Dealers must be careful about violations of the Fair Labor Standards Act.  These actions can be filed either as individual actions or as group actions in federal court, and they can be lucrative for plaintiffs’ law firms.  In fact, there are law firms springing up around the country that do nothing but FLSA work on […]

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