Author Archives: Gregory Johnson

The CFPB Strikes Again – Class Action Waivers to be Eliminated? Maybe Not.


The Bad News.By Greg Johnson. At a recent Consumer Financial Protection Bureau field hearing in Denver, the CFPB revealed a proposal to eliminate the use of class action waivers in consumer finance contracts. Many retail installment sales contracts require arbitration … Continue reading

Posted in Auto Dealer, CFPB | Tagged , , , | Leave a comment

Dealership Arranged Leases: Is the Lessor Liable for the Lessee’s Negligent Operation of the Vehicle?


By Greg Johnson. A dealership leases a vehicle to a customer under a 48 month lease agreement. The lease is assigned to Honda Lease Trust, a leasing company, and administered by American Honda Finance Company. If the lessee-customer negligently causes … Continue reading

Posted in Auto Dealer, Coverage, Indirect Financing | Tagged , , | Leave a comment

Dealership Arranged Financing: The Indirect Auto Lending Process


By Greg Johnson. This article addresses the indirect auto lending process (a/k/a “dealer arranged financing”). While the article relies heavily on cases I have defended for dealerships here in Minnesota, the same process is involved across the nation. In Minnesota, … Continue reading

Posted in Auto Dealer, Indirect Financing, Regulatory Compliance, TIL Disclosures, Truth in Lending Act | Tagged , , | Leave a comment

Loss of Use: Is the At-Fault Driver’s Insurer Required to Provide a “Comparable” Rental Vehicle?


So my car got rear-ended while legally parked next to the curb in front of my house by a car traveling around 35-40 miles per hour. Fortunately, the teen-aged driver of the other car (depicted in the photograph) was insured … Continue reading

Posted in Coverage, PAP, Rentals | 3 Comments

Auto Dealer Risk Management: Negotiating Dealer-Lender Agreement Terms


By Greg Johnson. Car sales are booming and lenders are clamoring for indirect financing business.  Now is a great time for dealers to dust off and review their Dealer Agreement (a/k/a lender master financing agreements) with lenders, particularly the warranty, … Continue reading

Posted in ADCF Policy, Auto Dealer, Indirect Financing, Regulatory Compliance | Tagged , , , , , | Leave a comment

CFPB to Allow Consumers to Voice Complaints Publicly


Auto Dealer Monthly recently reported on the Consumer Financial Protection Bureau’s announcement that it is finalizing a policy to allow consumers to voice publicly their complaints about consumer financial products and services: Now, when consumers submit a complaint to the CFPB, … Continue reading

Posted in CFPB | Leave a comment

Auto Dealers & Regulatory Compliance: If the FTC Comes Knocking


 Dealerships have become subject to increased regulation and enforcement, particularly in the areas of consumer advertising, consumer finance and consumer privacy. I recently posted an article to this blog entitled: Auto Dealer Arranged Financing: 51 Laws a Dealer Must Know. … Continue reading

Posted in Auto Dealer, Consumer Leasing Act, Errors & Omissions, Indirect Financing, Regulatory Compliance, TIL Disclosures, Truth in Lending Act | Tagged , , , | Leave a comment

Auto Dealer Arranged Financing: 51 Laws Dealers Must Know


By Greg Johnson. It’s no secret that auto dealerships have become subject to increased regulation over the past several years, primarily in the areas of consumer advertising, consumer finance and consumer privacy. Although the recession of 2007-2009 was primarily related … Continue reading

Posted in Auto Dealer, Dealer Reserve, Errors & Omissions, Indirect Financing, Regulatory Compliance, TIL Disclosures, Truth in Lending Act | Tagged , , , | 3 Comments

Hey Dealer, Can I Get a Loaner?


By Greg Johnson. I recently wrote an article for the Minnesota Automobile Dealer Association’s MN Dealer Outlook Magazine (Winter 2015).  If your Minnesota dealership provides dealer-owned loaner vehicles to customers while the customer’s vehicle is being repaired, you’ll want to … Continue reading

Posted in ADCF Policy, Auto Dealer, Coverage, Rentals | Tagged , , , , , | Leave a comment

Speaking at Automotive Dealer Subprime Sales Success Workshop on April 7-8th in Atlanta, Georgia.


I will be a speaker at the Automotive Dealer Subprime Sales Success workshop on April 7-8th in Atlanta, Georgia. I will be speaking on two related topics.  First, about F&I compliance and class action litigation issues (spot delivery, acquisition fees, … Continue reading

Posted in ADCF Policy, Auto Dealer, Coverage, Indirect Financing, Regulatory Compliance, Truth in Lending Act, Truth in Lending Coverage | Tagged , , , , , , , , | Leave a comment