Automotive Finance Litigation

  • Overview
  • Attorneys

Kutak Rock’s seasoned auto finance team possesses an exceptional ability to integrate legal principles with an experienced understanding of operational and economic industry considerations. We represent captive finance companies, banks, financial institutions and independent finance companies in connection with every facet of automotive finance on a national basis.

The automotive industry presents unique challenges and issues, particularly with regard to providing the financing necessary to keep the flow of cars and trucks moving from the manufacturers to dealers and ultimately to the consumer. Our automotive finance team has years of industry experience, working with captive and commercial lenders to provide timely and practical legal advice at a competitive cost. Our consumer litigation team takes an aggressive, proactive approach to its cases and coordinates with the client to prepare an efficient litigation plan.

Consumer Auto Finance Legal Services

The consumer financial services industry is often highly litigious. Our consumer litigators provide experienced guidance and support in both individual and class action suits involving an array of automotive financial services issues.

Our national team offers an early assessment of each case’s merits and the potential liability exposure. With this initial evaluation, we coordinate with our client to create a proactive, efficient and strategic litigation plan. This collaboration gives the client the opportunity to make prompt and cost-effective decisions regarding the direction of the legal proceedings, as well as focus the client’s internal management on the associated issues.

Our unified, multidisciplinary approach to automobile finance litigation is essential in developing litigation strategies and arguments at the earliest stages of a case. Every litigation matter we handle involves participation by our firm's litigation and regulatory and compliance attorneys, and also by our attorneys who continually interact with relevant government, regulatory, consumer advocacy and trade constituencies. Kutak Rock’s attorneys’ ability to efficiently communicate across practice groups and geography significantly lowers the amount of time we expend, ensuring that our client's legal team focuses on the vital issue at hand—winning the case.

In addition to our practical, yet creative approach to litigating matters, we counsel clients on how to avoid being targets for future litigation. Providing financial services to consumers can be a risky business. A minor oversight or error can have mammoth consequences, with the potential for multimillion-dollar liability exposure. Mitigating the perils associated with every phase of automobile and consumer financial services is one of our highest priorities.

Our attorneys possess a keen understanding and representational experience in the following areas:

  • Dodd-Frank Act (Consumer Financial Protection Bureau).
  • TILA and Regulation Z.
  • Fair Debt Collection Practices Act.
  • Fair Credit Reporting Act.
  • Gramm-Leach-Bliley Act.
  • Telephone Consumer Protection Act.
  • State-specific acts such as unfair/deceptive practices, consumer protection, and consumer credit.