News & Analysis as of

Fair Credit Reporting Act (FCRA) Car Dealerships

Hudson Cook, LLP

Is it time to "tune up" your compliance with the Fair Credit Reporting Act ("FCRA")?

Hudson Cook, LLP on

In September 2021, the FTC approved technical changes to five regulations implementing the Fair Credit Reporting Act. Under the Dodd-Frank Act, the CFPB may not exercise any rulemaking, supervisory, enforcement or any...more

Holland & Knight LLP

FTC Approves 5 FCRA Rule Changes

Holland & Knight LLP on

The Federal Trade Commission (FTC) issued a final rulemaking on Sept. 8, 2021, clarifying that five Fair Credit Reporting Act (FCRA) rules for which it retains rulemaking authority will apply only to motor vehicle dealers....more

Alston & Bird

FTC Seeks Comment on Proposed Changes to FCRA Rules for Motor Vehicle Dealers

Alston & Bird on

A&B ABstract: The FTC is seeking public comment on proposed changes to five FCRA rules aimed at clarifying that these rules, as promulgated by the FTC, apply only to motor vehicle dealers, as equivalent rules promulgated by...more

Hudson Cook, LLP

'Everything but the Kitchen Sink' Complaints

Hudson Cook, LLP on

Some plaintiffs' lawyers operate on the theory that if you fling enough bovine byproduct against the barn wall, some of it will stick. They include in their complaints every possible claim, regardless of how tenuously those...more

Hudson Cook, LLP

Compliance: Setting up a Preventative Maintenance Compliance Budget

Hudson Cook, LLP on

Prioritizing compliance with federal and state law may be the last item on your never ending to-do list. Most days, you have bigger fish to fry - you want to increase sales and decrease overhead. However, a small investment...more

White & Case LLP

Consumer financial services: The road ahead: Auto finance

White & Case LLP on

In 2018, the CFPB continued to pay attention to the auto finance industry, with a particular focus on indirect (dealer-arranged) auto lenders and unfair or abusive loan servicing practices....more

Womble Bond Dickinson

Court Finds Permissible Purpose Under FCRA, Despite Alleged Lack Of Consent

Womble Bond Dickinson on

The Eastern District of Wisconsin recently confirmed that the permissible purpose for obtaining a consumer credit report under FCRA is broad. In Long v. Bergstrom Victory Lane, 2018 U.S. Dist. LEXIS 171750 (E. D. Wisc....more

Bradley Arant Boult Cummings LLP

2017 in Review: Three State Enforcement Trends Impacting the Auto Finance Industry

Auto lenders, like many private citizens, began 2017 curious as to what change the impending Trump administration would bring. In the landscape of government enforcement, however, the consensus amongst industry participants...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Fisher Phillips

How Often Can We Run Credit Checks On Dealership Employees?

Fisher Phillips on

Picture this scenario: a privately held dealership operates 16 stores in Southwest Florida. The company’s CFO tries to keep on top of how the finance managers, cashiers, parts managers, and others who handle money or property...more

WilmerHale

CFPB Finalizes Automobile Finance Larger Participant Rule and Publishes Examination Procedures

WilmerHale on

On June 10, 2015, the Consumer Financial Protection Bureau (CFPB) announced a final rule that will allow it to supervise larger nonbank automobile finance companies. Accompanying the rule, it also published the procedures...more

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