Consumer Auto Finance Legal Services

  • Overview
  • Attorneys

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.

Corporate/Commercial Auto Finance Legal Services

  • Due diligence investigation, negotiation and documentation of wholesale floor plan, mortgage, inventory and term loans to dealers.
  • Negotiate and monitor workout and forbearance agreements.
  • Review and update current forms.
  • Assist with creation of internal policies and procedures.
  • Assist with compliance, including loss prevention and implementation of internal controls.
  • Handle commercial collections, replevins, bankruptcy proceedings and lender liability actions.
  • Provide training and education to the field workforce on legal issues.
  • Work alongside corporate counsel to provide strategic planning and guidance.
  • Form document development and review.
  • Assist with leasing arrangements and licensing services.