Yesterday the United States Supreme Court issued its opinion in Henson, et al. v. Santander Consumer USA Inc. (2017) 16-349. In Henson, the Court resolved an issue as to the applicability of the Fair Debt Collection Practices Act, 15 USCS § 1692, et seq. Specifically, the Court took up the issue of “who exactly qualifies as a ‘debt collect’ subject to the Act’s rigors.” (Henson Pg. 1.) In this case, […]
The California Supreme Court has again taken up the issue of an individual consumer’s ability to obtain remedies for similarly situated third parties. This change in the law may have a significant impact in the auto sales/auto finance industry. The California Supreme Court recently ruled in McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, that companies cannot require individuals to waive their right to seek remedies for the public benefit, […]
Many of our clients have inquired as to how a licensed vehicle dealer or finance company in California should act with respect to a customer who has a financed vehicle purchase and no equity in the vehicle after the customer defaults on the purchase contract and then files for bankruptcy. For specific transactions that involve a bankruptcy by a customer with a balance due to a lender, legal advice should […]
Advertising online is one of a dealer’s most valuable tools. It allows them to connect with their customers instantly. In an era where comparison-shopping can be done on a widespread scale over a specific location, dealers are taking every advantage available to them to ensure that their advertisements are noticed by a potential buyer. It is certainly no secret that consumers, by and large, are price driven in their search […]
In California, it is not unusual for dealerships to find customers who speak little or no English. According to the 2010 Census, for California residents age 5 and older, 42.98% spoke a language other than English as their primary language at home. (“Qualifying Urban Areas for the 2010 Census” Federal Register.) In 1976, the California Legislature enacted Cal. Civ. Code § 1632, which was done in light of “the state’s […]
Whether your dealership provides a warranty for the vehicles it sells may be a decision based on business practices or it may be required by law. When a warranty is provided by a dealership oftentimes that warranty can expose the dealership to consumer claims should the purchaser claim issues with the vehicle. Before you decide whether your dealership should offer warranties on the vehicles you sell, you should first determine […]
