Category: Auto Defense

Graphic of article titled "CA Passes Bill Aimed At Reducing Catalytic Converter Theft.” by James S. Sifers, Esq., from Madison Law
2024, Auto Defense, James S. Sifers, New Laws

CA Passes Bill Aimed At Reducing Catalytic Converter Theft

CA Passes Bill Aimed At Reducing Catalytic Converter Theft California recently passed Senate Bill 55, which was aimed at reducing catalytic converter theft.  Senate Bill 55 added Cal. Veh. Code § 24020, which prohibits dealers and retail sellers from selling “a new or used vehicle equipped with a catalytic converter unless the catalytic converter has been permanently marked with the vehicle identification number (VIN)…” (Section 24020(a).)  Per Section 24020(c), “‘permanently […]

Graphic of article titled "Lemon Laws in California What Car Dealerships Need to Know" by Alexis A. Jugan, Esq., from Madison Law
2023, Alexis Jugan, Auto Defense

Lemon Laws in California

Lemon Laws in California: What Car Dealerships Need to Know Owning or operating a car dealership in California presents a unique set of challenges and responsibilities. Among these, navigating the intricate web of “Lemon Laws” is of paramount importance.  Understanding these laws is not just a legal necessity but is also crucial for maintaining your dealership’s reputation and ensuring customer satisfaction.  In this guide, we’ll walk you through the essential […]

Graphic of article titled "FTC Holder Rule & Attorney Fees" from Madison Law
2023, Auto Defense, FTC Holder Rule, Used-Car Dealerships

FTC Holder Rule & Attorney Fees

Where a State Statute Provides for Attorney’s Fees, Does the FTC Holder Rule Limit the Amount? The first critical issue lies with the second sentence of the Notice required under the Holder Rule.  The Notice provides, “any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. […]

Graphic of article titled "Auto Finance Companies Liable for Attorneys’ Fees to Consumers” by Jenos Firouznam-Heidari, Esq., from Madison Law
2021, Auto Defense, Consumers, Finance, Jenos Firouznam-Heidari

Auto Finance Companies Liable for Attorneys’ Fees to Consumers

On January 29, 2021, the California Court of Appeal for the Second Appellate District, in Pulliam v. HNL Automotive Inc.(2021) Cal.App.5th [2021 Cal.App. LEXIS 81], held that the Holder Rule (16 C.F.R. § 433.2) does not limit the attorneys’ fees that a plaintiff may recover from a creditor-assignee.  In doing so, the court rejected the holdings of the Third and First Appellate Districts in Lafferty v. Wells Fargo Bank, N.A. […]