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Not All Third Parties Are Created Equal

Motor vehicle purchase and finance transactions are rarely simple, even if they're routine from the perspective of the businesses involved. The typical motor vehicle retail installment transaction features the buyer, the...more

No Harm, No Foul: Statutory Violations and Consumer Harm

"No harm, no foul" is a common saying. As it turns out, that saying is sometimes true in law. An important prerequisite for a lawsuit in federal court is that the plaintiff have standing to sue....more

New York Courts Appear Skeptical of Certain Fees in Sales-Based Financing Transactions

On February 11, 2025, the Supreme Court of New York, Nassau County, ordered a hearing on whether a financing contract between Square Funding LLC and Walsh Roofing Services of Tampa Bay, LLC, was a "merchant cash advance"...more

When Is a Sale Final? Not Always as Early as You'd Like It to Be

One of the first things I learned in my first-year contracts class in law school was the Uniform Commercial Code. Specifically, the class covered Article 2 of the UCC, which governs sales of goods, including motor vehicles. ...more

Continuing Saga of CFPB 1071 Small Business Data Reporting Rule

On December 19, 2023, President Biden vetoed a Congressional resolution that would have nullified a Consumer Financial Protection Bureau rule requiring lenders to report demographic information about small business loan...more

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