- Successfully overturned judgment denying client’s motion to compel arbitration.
Our client, an indirect automobile finance company, had moved to compel arbitration of a lawsuit filed against it. When the motion was denied, we appealed and were successful in not only getting the judgment reversed but also getting the appellate court to declare that the client’s arbitration clause was not substantively and procedurally unconscionable.
- Defense of National Automobile Lender in Alleged Dealer Fraud
Represented national automobile lender in multiple cases in several states involving alleged dealer fraud in sales and financing automobiles.
- Represented indirect auto lender responding to CFPB preliminary findings of disparate impact based on age and race.
Represented indirect auto lender responding to CFPB preliminary findings of disparate impact based on age and race.
- Prepared and represented witnesses at CFPB investigative hearing (one of the few that has been conducted by the agency) as counsel for indirect auto lender in CFPB investigation covering a range of fair lending/compliance issues.
Prepared and represented witnesses at CFPB investigative hearing (one of the few that has been conducted by the agency) as counsel for indirect auto lender in CFPB investigation covering a range of fair lending/compliance issues.
- Represented auto lenders responding to subpoenas from federal and state grand juries, as well as federal and state administrative agencies, including DOJ, CFPB, and DHS.
Represented auto lenders responding to subpoenas from federal and state grand juries, as well as federal and state administrative agencies, including DOJ, CFPB, and DHS.
- Thorough Internal Preparation and Counsel Result in No Enforcement Action on CFPB Civil Investigative Demand
Where we started: McGlinchey’s Consumer Financial Services Compliance team serves as outside counsel to a national sub-prime auto lender who received a civil investigative demand from the Consumer Financial Protection Bureau (CFPB) regarding collections practices. Our Strategy – plus more: Our Government and Internal Investigations team worked closely with the Consumer Financial Services Compliance groupMore
- An integrated team with extensive knowledge of the regulatory compliance regimes for both insurance and consumer financial services enabled Mercedes Benz to develop and roll out insurance and other consumer-facing financial products
Where we started: McGlinchey’s Transportation and Logistics team was advising Mercedes Benz Financial Services (MBFS) on commercial finance matters when MBFS began to consider potential new product offerings – notably insurance and ancillary product offerings such as service contracts, guaranteed asset protection waivers, and inventory insurance and liability coverage packages for service loaners. Knowing ofMore
- Obtained judgment for an auto finance company on claims that it conspired with a car dealership to violate the Truth in Lending Act.
The plaintiff contended that the auto finance company charged the dealership a “fee” as a condition of financing the vehicle purchase. This purported “fee” in turn was allegedly charged to the consumer through raising the price of the vehicle from its advertised price. The plaintiff contended that this “fee” was actually a hidden finance charge required toMore
- Assists indirect auto finance companies with amending and revising various post-default notices to comply with Ohio’s Retail Installment Sales Act and UCC