FTC Holder Rule & Attorney Fees
Where a state statute provides for attorney’s fees, does the FTC Holder Rule limit the amount? On May 26, 2022, the Supreme Court of California, in Pulliam v. HNL Automotive […]
Category: Auto Defense
New Bill Regarding GAP Refunds To Consumers Signed
On January 1, 2023, new rules will go into effect concerning guaranteed asset protection waivers (“GAP”) in California. On September 13, 2022, Governor Gavin Newsom signed AB-2311 into law which […]
California Supreme Court to Review Holder Rule Attorneys’ Fees Limitations
The ever-changing position with respect to holder liability continues to evolve in California. In 2019, Cal. Civ. Code § 1459.5 became law. The purpose of enacting Section 1459.5 was to […]
COVID-19 INDUSTRY GUIDANCE: Automobile Dealerships and Rentals
COVID-19 INDUSTRY GUIDANCE: Automobile Dealerships and Rentals With COVID-19 cases on the rise, Governor Newsom has recently ordered new California closures for non-essential businesses. The State Public Health Officer has […]
Cal. Civ. Code § 1459.5. Ruled Unconstitutional
On July 12, 2019, Governor Gavin Newsom signed into law Cal. Civ. Code § 1459.5. The purpose of enacting Section 1459.5 was to legislatively overturn Lafferty v. Wells Fargo Bank, […]
Online Vehicle Sales and Off-Site Delivery
Due to the unusual circumstances surrounding the COVID-19 Coronavirus pandemic (“COVID-19”), many industries are faced with unprecedented challenges – including the automobile sales industry. Fortunately, the California Department of Motor Vehicles […]
Heavy Duty Vehicle Registration Compliance
In support of California’s clean-air goals, the California Air Resources Board (“CARB”) has announced a new policy that blocks registration of certain vehicles. Dealers must know which vehicles are subject […]
New Bill Signed Into Law Could Possibly Affect All Finance Companies
On July 12, 2019, Governor Gavin Newsome signed a bill which enacted Cal. Civ. Code § 1459.5. The purpose of enacting Section 1459.5 was to legislatively overturn Lafferty v. Wells […]
Repair Work: A Word of Caution
As has become a truth in California with respect to auto dealers, no good deed goes unpunished. Many consumer attorneys have taken issue with dealers providing goodwill and/or warranty work […]
Dealer Bond vs. Cash Deposit
In order to operate as a dealer in California, the California Department of Motor Vehicles (“DMV”) requires dealers to provide a $50,000 dealer bond to protect purchasers, sellers, financing agencies, […]