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Automotive Loans › Appeals

Mayer Brown

Victory for Lenders in Supreme Court Decision on Motor Vehicle Finance

Mayer Brown on

THE SUPREME COURT HAS REJECTED TWO OF THE THREE CLAIMS IT WAS ASKED TO DECIDE, AND UPHELD THE OTHER BASED ON ITS SPECIFIC FACTS - OVERVIEW - In a landmark decision which will be closely scrutinised by the finance...more

Hudson Cook, LLP

Not All Third Parties Are Created Equal

Hudson Cook, LLP on

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

Proskauer - Regulatory & Compliance

FCA Outlines Next Steps on Potential Motor Finance Redress Scheme

Proskauer - Regulatory & Compliance on

On 5 June 2025, the United Kingdom’s Financial Conduct Authority (“FCA“) has published a statement  (“Statement“) setting out its current thinking on the possible implementation of a redress scheme for motor finance customers...more

Orrick, Herrington & Sutcliffe LLP

CFPB dismisses and withdraws from several cases

Orrick, Herrington & Sutcliffe LLP on

Recently, the CFPB has been actively dismissing or withdrawing from multiple cases following stays and joint dismissals. These include disputes originated under the previous administration involving banking associations,...more

Troutman Pepper Locke

Maryland Appellate Court Rules Plaintiffs Asserting CLEC Claims Must Allege Facts Showing Damages or Show Equitable Relief Is...

Troutman Pepper Locke on

On July 1, the Maryland Court of Special Appeals affirmed in part a trial court’s dismissal of claims brought under Maryland’s Credit Grantor Closed End Credit Provisions (CLEC) due to the plaintiff’s lack of damages....more

Ballard Spahr LLP

Second Circuit Denies Rehearing in Key TCPA Case

Ballard Spahr LLP on

Businesses that have not already done so should consult with counsel regarding "consent to be called" provisions in their consumer contracts in the wake of the decision by the U.S. Court of Appeals for the Second Circuit...more

Womble Bond Dickinson

Second Circuit: You Agreed to be Called When They Loaned You the Money, So Now Live With It

Womble Bond Dickinson on

In a case of first impression, the Second Circuit recently ruled that the TCPA does not permit a consumer to unilaterally revoke bargained-for consent to be contacted by autodialer and pre-recorded voice calls on a mobile...more

Carlton Fields

Fourth Circuit Considers Whether Arbitration Agreement Was Binding Where Parties Modified Contract Through Conduct

Carlton Fields on

In early April, the Fourth Circuit Court of Appeals considered whether an arbitration agreement was “a written provision” for purposes of the Federal Arbitration Act where the parties modified the contract through their...more

Burr & Forman

Dodd-Frank News: November 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

BakerHostetler

CA Supreme Court Upholds Class Action Waivers in Long-awaited Sanchez Decision

BakerHostetler on

On August 3, 2015, the California Supreme Court issued its long-awaited decision in Sanchez. v. Valencia Holding Company, LLC (2015) — Cal.4th — (Sanchez). The court provided much-needed clarity for consumers and auto finance...more

Sheppard Mullin Richter & Hampton LLP

Court Severs Term But Otherwise Enforces Arbitration Provision With A Class Action Waiver

Sheppard Mullin Richter & Hampton LLP on

In a victory for Sheppard Mullin and its client, in Trabert v. Consumer Portfolio Serv., Inc., __ Cal. App. 4th. __, 2015 WL 880949 (4th Dist. Mar. 3, 2015), the California Court of Appeal compelled arbitration and enforced a...more

Carlton Fields

Arbitration Denied Despite Related Agreement With Arbitration Provision

Carlton Fields on

A Florida court of appeals affirmed a trial court decision to deny arbitration finding a later signed contract supplanted an earlier contract with an arbitration provision. The Appellant, HHH Motors, LLP, signed a retail...more

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