A Formula for Pain

Nicole Frush Munro | Hudson Cook, LLP

Here we are going to describe how one dealership experienced a formula for pain. The formula begins with an angry customer, one or more bad actors, and a violation of the law. It ends with the following damages calculation: actual damages x 3 + statutory damages + punitive damages + attorneys’ fees. This formula, applied all over the country under unfair and deceptive practices acts or other type of consumer protection laws = OUCH! Take a look.

What to Do When the Law Comes Knockin'

Steve Levine | Chief Legal Officer • AutoStar Solutions, Inc.

I’m rather proud of the fact that we’ve dedicated this month’s issue to the subject of compliance because of its importance in risk avoidance. As an AutoStar client, you’ve already taken a significant step in prioritizing compliance and managing risk. This article, which focuses on how to manage state regulator audits, is another resource.

FTC Compliance

Nicole Frush Munro | Hudson Cook, LLP

Published in A*QUA Issue 004, Q3, 2010

You have made it through the economic crisis – well almost. Your dealership is still standing, and you’ve seen some light at the end of the tunnel. As the economy improves. at least in some areas, the traffic through your dealership has picked up. You’re a little less fearful than you were a year ago, even though 2010 has been a rough year. But wait, when you’re talking legal, there are a couple of things coming round the bend that may make 2010 look like a kiddie ride.

Sales vs. Leasing Contracts in Bankruptcy Proceedings

In the realm of bankruptcy, not all car transactions are created equal. A different set of guidelines governs lease transactions as opposed to traditional financing transactions through a retail installment sales contract (RISC). While many dealers and car finance companies may be familiar with the business-side of these transactions, not many are aware of how these situations are treated in the bankruptcy setting. The goal of this article is to provide you with a basic overview of how the process differs depending on whether or not you are the holder of a RISC or a lease.

Training: Avoiding Lawsuits One Customer at a Time

Nicole Frush Munro | Hudson Cook, LLP

Published in A*QUA Issue 03, October 2010

Tom Hudson always says dealers avoid lawsuits in the customer service aisle. What he means is that most lawsuits start with a bad transmission, faulty brakes, or a blown head gasket. A customer comes in with a car that doesn’t work, and complains to your salesman, your billing person, or the admin in the back office. What your employee does next can either avoid a lawsuit or instigate one.