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General Discussion
How To Register For the Forum
Rules of Statutory Interpretation
How Do I Find the Addresses and Agents For Service of Process for Car Dealers, Lenders, Banks, Corporations, etc.
News Stories on Auto-Frauds, Bad Car Dealers, Defective Autos, and Auto-Sale Related Frauds
Quotes
Car Dealership is Not a Credit Reporting Agency Under the Fair Credit Reporting Act: But Can be a User and Furnisher
How to File a Complaint With Your Respective State Attorney General, Consumer Protection Division
Other Helpful Sites and Links
Auto-Fraud Jury and Bench Trial Verdicts
MMWA: The Statute, Its Purposes, Amendments and History
MMWA: Definitions
MMWA: Burden of Proof: What Do You Have to Prove?
MMWA: Proving a Defect in Non-Conformity With a Written Warranty
MMWA: Remedies: Rescission, Reduction in Purchase Price, Damages, Attorneys' Fees, Costs, etc.: What Can You Recover?
MMWA: Full and Conspicuous Notice of the Warranty Terms and Conditions
MMWA: Violations of MMWA Are Not Automatic Violations of State Consumer Protection Statutes
MMWA: Designation of Written Warranties
MMWA: Federal Minimum Standards For Warranties
MMWA: Full and Limited Waranting of a Consumer Product
MMWA: Service Contracts: Rules for Full, Clear and Conspicuous Disclosure of Terms and Conditions; Addition to or in Lieu of Written Warranty
MMWA: Designation of Representatives by Warrantor to Perform Duties Under Written or Implied Warranty
MMWA: Implied Warranties
MMWA: Procedures, Commission Rules
MMWA: Applicability of Other Laws
MMWA: Effective Dates
MMWA: Defenses Raised by Warrantor
MMWA: Can You Use Res Ipsa Loquitur?
MMWA: Calculation of Damages
State Law Versions of Magnuson Moss Warranty Act
FTC Holder Rule: Purposes
FTC Holder Notice Must Appear in All Consumer Credit Contracts
FTC Holder Rule: Text of Notice; Language Which Must be Used
FTC Holder Rule: Both a Sword and a Shield For Consumers
FTC Holder Rule: Applies to Consumer Credit Contracts
FTC Holder Rule: Any Holder Means Any and All Holders of the Instrument of Indebtedness/Note
FTC Holder Rule: No Limitation on Claims or Defenses Which Can be Asserted Against the Holder
FTC Holder Rule: Assignee Standing in the Shoes of the Seller
FTC Holder Rule: Lenders Can Protect Themselves: Recourse; Indemnity, etc.
FTC Holder Rule: Recovery of All Monies Paid Under the Contract
FTC Holder Rule: How Does the FTC Interpret the Statute?
FTC Holder Rule: Subject Matter Jurisdiction
FTC Holder Rule: Important Cases
HOEPA: Comparable Statute Using Similar Language to FTC Holder Rule
Misrepresentation: Negligence or Intentional: State Law Claims
As-Is Sales Language
Alabama's Lemon Law
Alaska's Lemon Law
Arizona's Lemon Law
Arkansas's Lemon Law
California's Lemon Law
Colorado's Lemon Law
Connecticut's Lemon Law
Delaware's Lemon Law
Florida's Lemon Law
Georgia's Lemon Law
Hawai'i's Lemon Law
Idaho's Lemon Law
Illinois's Lemon Law
Indiana's Lemon Law
Iowa's Lemon Law
Kansas's Lemon Law
Louisiana's Lemon Law
Maine's Lemon Law
Maryland's Lemon Law
Massachusetts's Lemon Law
Michigan's Lemon Law
Minnesota's Lemon Law
Mississippi's Lemon Law
Missouri's Lemon Law
Montana's Lemon Law
Nebraska's Lemon Law
Nevada's Lemon Law
New Hampshire's Lemon Law
New Jersey's Lemon Law
New Mexico's Lemon Law
New York's Lemon Law
North Carolina's Lemon Law
North Dakota's Lemon Law
Ohio's Lemon Law
Oklahoma's Lemon Law
Oregon's Lemon Law
Pennsylvania's Lemon Law
Rhode Island's Lemon Law
South Carolina's Lemon Law
South Dakota's Lemon Law
Tennessee's Lemon Law
Texas's Lemon Law
Utah's Lemon Law
Vermont's Lemon Law
Virginia's Lemon Law
Washington's Lemon Law
West Virginia's Lemon Law
Wisconsin's Lemon Law
Wyoming's Lemon Law
District of Columbia's Lemon Law
Louisiana: Redhibition
South Carolina: Breach of Express ot Implied Warranty
Louisiana: Quanti Minoris
Louisiana: Self-Help Repossession
MMWA Trumps FAA? Can Arbitration be forced on Consumer Asserting Magnuson-Moss Warranty Act Claims?
Arbitration: What is the Burden of Proof and Standard to Force It?
Choice of Forum Clauses
Class Action Waivers
Defenses Available to the Consumer
Federal and State Odometer Acts: Text of Statutes, Purposes and History of Laws
Federal Odometer Act: Burden of Proof; Not a Strict Liability Statute
Is Proof of Intent Required?
Dealer Must Adopt Practices to Uncover Odometer Fraud and Discrepancies
Signing Odometer Disclosure with Inaccurate Mileage
Written and Signed Odometer Disclosure is Required
Federal and State Odometer Laws and Fraud: General Discussion, Tips and Facts
Damages, Treble Damages, Attorneys' Fees and Other Awards Available Under Federal Odometer Act [FOA]
15 U.S.C. 1681b[f]: Burden of Proof, Claims Available; Remedies; Damages
Loan Shopping
Consent of the Consumer
Consumer Initiated Transaction
Skip-Tracing and Collection Purposes
Mere Test Drives and Walking Up on the Lot
Co-Signors Who Are Not Present
Vicarious Liability for Employee's Actions in Acessing Credit Reports
Pulling Employee's Credit Reports
Accessing Credit Reports in Connection With Direct Mail, Advertisements, Come-Ons, etc.
Criminal Acts: ID Theft: Misuse of Report
Dealer Investigating Potential Customer
Buying Car With Cash: No Credit Check Needed or Agreed Upon
Accessing Credit Reports on Non-Applicants
Releasing Information Pursuant to a Subpoena, Court Order, etc.
Are Car Dealers a Creditor Under the ECOA?
General Discussions on Auto Repair Fraud and Tips
General Discussions and Tips on Used Car Shopping and Purchases
General Discussions and Tips on Auto Financing
GAP Insurance: Is It Just a Scam? Should You Get It?
General Discussions and Tips on Auto Leasing
General Discussions and Tips on New Car Shopping and Purchases
Illinois: Spot Delivery and Yo-Yo
Louisiana: Spot Delivery and Yo-Yo
New Jersey: Spot Delivery and Yo-Yo
Ohio: Spot Delivery and Yo-Yo
North Carolina: Spot Delivery and Yo-Yo
Michigan: Spot Delivery and Yo-Yo
Kentucky: Spot Delivery and Yo-Yo
TILA Implicated?
Spot Delivery and Yo-Yo: General Discussion and Explanation
Mississippi: Spot Delivery and Yo-Yo
Florida: Spot Delivery and Yo-Yo
Tennessee: Spot Delivery and Yo-Yo
South Carolina: Spot Delivery and Yo-Yo
New Hampshire: Spot Delivery and Yo-Yo
Kansas: Spot Delivery and Yo-Yo
Virginia: Spot Delivery and Yo-Yo
Connecticut: Spot Delivery and Yo-Yo
California: Spot Delivery and Yo-Yo
Alabama: Spot Delivery and Yo-Yo
Colorado: Spot Delivery and Yo-Yo
Georgia: Spot Delivery and Yo-Yo
Proof of Defect Through Expert's Testimony
UCC: Claims For Breach of Warranty
UCC: Burden of Proof
New York's UCC
Motions to Dismiss: Opposing
Complaints, Petitions and Initiating Pleadings
Removal of Cases to Federal Court and Motions to Remand: Statutes, Case Law, and Tips
Summary Judgment: Moving For and Opposing
Objecting to a Federal Magistrate-Judge's Report and Recommendation
Louisiana: LUPTA: La. R.S. 51:1401, et. seq.
Texas: DTPA: Tex. Bus. & Comm. Code sec. 17.41, et. seq.
Louisiana Products Liability Act
South Carolina Products Liability
Intra-District Transfer of Venue: Post-Removal
Venue, Transfer of Venue and Related Considerations
Removal and Remand: What Can You Do If Removed
Conflicts of Laws and Federal versus State Law Application: What Law Applies?
Louisiana: Usury
Consumer Leasing Act Actions
Rebuilt, Reconditioned or Used Auto Parts
Auto Repair Shops
Automobile Dealers: Privacy Matters
Auto Service Contracts
Used Cars: Warranty Matters
Auto Transport, Delivery and Shipping Scams and Actions
Various Auto Pyramid Schemes
BBB Auto Line
Flood Damaged Cars
Loan Kickbacks
Packed or Loaded Payments
Auto Leasing Scams
Extended Warranty Scams
Dealer Prep Fees
Car Repair Scams
Curbstoning
Car Title-Washing
Towing Company Scams
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General Topics, News Stories, and Forum Registration
Magnuson-Moss Warranty Act [MMWA]
FTC Holder Rule/Notice, 16 C.F.R. 433, et. seq.
Misrepresentation Claims
Waiver of Warranties: Express or Implied
Lemon Laws: State Law Claims
Redhibition and Rescission Other Than Under Lemon Laws
Quanti-Minoris and Reduction in Purchase Price Other Than Lemon Laws
Automobile Repossession, Self-Help Repossession and Other Dispossession Issues
Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Odometer Fraud: Federal and Sate Laws: Claims for Damages
Accessing Credit Reports: What Are Common Issues Presented in Car Sales?
Privacy Issues: Releasing Customer's Information, etc.
Equal Credit Opportunity Act [ECOA]
Auto Repair Frauds
Buying a Used Car: What Should I Consider
Financing a Vehicle: What Should You Consider? Tips and Facts
Leasing a Vehicle: What Should You Consider? Tips and Facts
Buying a New and Unused Car: What Should I Consider? Tips and Facts
Spot Delivery and Yo-Yo Frauds
Expert Witness Issues
Uniform Commercial Code [UCC]: Breach of Warranty Claims
Pleadings: Law, Forms and Samples
Deceptive Trade Practices: States' Laws
Products Liability Laws
Litigation Strategies
Usury and Other Financing Issues: What Are the Rules Concerning Auto Financing?
Federal Trade Commission Actions and Publications
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General Topics, News Stories, and Forum Registration
----------------
General Discussion
How To Register For the Forum
Rules of Statutory Interpretation
How Do I Find the Addresses and Agents For Service of Process for Car Dealers, Lenders, Banks, Corporations, etc.
News Stories on Auto-Frauds, Bad Car Dealers, Defective Autos, and Auto-Sale Related Frauds
Quotes
Car Dealership is Not a Credit Reporting Agency Under the Fair Credit Reporting Act: But Can be a User and Furnisher
How to File a Complaint With Your Respective State Attorney General, Consumer Protection Division
Other Helpful Sites and Links
Auto-Fraud Jury and Bench Trial Verdicts
Magnuson-Moss Warranty Act [MMWA]
----------------
MMWA: The Statute, Its Purposes, Amendments and History
MMWA: Definitions
MMWA: Burden of Proof: What Do You Have to Prove?
MMWA: Proving a Defect in Non-Conformity With a Written Warranty
MMWA: Remedies: Rescission, Reduction in Purchase Price, Damages, Attorneys' Fees, Costs, etc.: What Can You Recover?
MMWA: Full and Conspicuous Notice of the Warranty Terms and Conditions
MMWA: Violations of MMWA Are Not Automatic Violations of State Consumer Protection Statutes
MMWA: Designation of Written Warranties
MMWA: Federal Minimum Standards For Warranties
MMWA: Full and Limited Waranting of a Consumer Product
MMWA: Service Contracts: Rules for Full, Clear and Conspicuous Disclosure of Terms and Conditions; Addition to or in Lieu of Written Warranty
MMWA: Designation of Representatives by Warrantor to Perform Duties Under Written or Implied Warranty
MMWA: Implied Warranties
MMWA: Procedures, Commission Rules
MMWA: Applicability of Other Laws
MMWA: Effective Dates
MMWA: Defenses Raised by Warrantor
MMWA: Can You Use Res Ipsa Loquitur?
MMWA: Calculation of Damages
State Law Versions of Magnuson Moss Warranty Act
FTC Holder Rule/Notice, 16 C.F.R. 433, et. seq.
----------------
FTC Holder Rule: Purposes
FTC Holder Notice Must Appear in All Consumer Credit Contracts
FTC Holder Rule: Text of Notice; Language Which Must be Used
FTC Holder Rule: Both a Sword and a Shield For Consumers
FTC Holder Rule: Applies to Consumer Credit Contracts
FTC Holder Rule: Any Holder Means Any and All Holders of the Instrument of Indebtedness/Note
FTC Holder Rule: No Limitation on Claims or Defenses Which Can be Asserted Against the Holder
FTC Holder Rule: Assignee Standing in the Shoes of the Seller
FTC Holder Rule: Lenders Can Protect Themselves: Recourse; Indemnity, etc.
FTC Holder Rule: Recovery of All Monies Paid Under the Contract
FTC Holder Rule: How Does the FTC Interpret the Statute?
FTC Holder Rule: Subject Matter Jurisdiction
FTC Holder Rule: Important Cases
HOEPA: Comparable Statute Using Similar Language to FTC Holder Rule
Misrepresentation Claims
----------------
Misrepresentation: Negligence or Intentional: State Law Claims
Waiver of Warranties: Express or Implied
----------------
As-Is Sales Language
Lemon Laws: State Law Claims
----------------
Alabama's Lemon Law
Alaska's Lemon Law
Arizona's Lemon Law
Arkansas's Lemon Law
California's Lemon Law
Colorado's Lemon Law
Connecticut's Lemon Law
Delaware's Lemon Law
Florida's Lemon Law
Georgia's Lemon Law
Hawai'i's Lemon Law
Idaho's Lemon Law
Illinois's Lemon Law
Indiana's Lemon Law
Iowa's Lemon Law
Kansas's Lemon Law
Louisiana's Lemon Law
Maine's Lemon Law
Maryland's Lemon Law
Massachusetts's Lemon Law
Michigan's Lemon Law
Minnesota's Lemon Law
Mississippi's Lemon Law
Missouri's Lemon Law
Montana's Lemon Law
Nebraska's Lemon Law
Nevada's Lemon Law
New Hampshire's Lemon Law
New Jersey's Lemon Law
New Mexico's Lemon Law
New York's Lemon Law
North Carolina's Lemon Law
North Dakota's Lemon Law
Ohio's Lemon Law
Oklahoma's Lemon Law
Oregon's Lemon Law
Pennsylvania's Lemon Law
Rhode Island's Lemon Law
South Carolina's Lemon Law
South Dakota's Lemon Law
Tennessee's Lemon Law
Texas's Lemon Law
Utah's Lemon Law
Vermont's Lemon Law
Virginia's Lemon Law
Washington's Lemon Law
West Virginia's Lemon Law
Wisconsin's Lemon Law
Wyoming's Lemon Law
District of Columbia's Lemon Law
Redhibition and Rescission Other Than Under Lemon Laws
----------------
Louisiana: Redhibition
South Carolina: Breach of Express ot Implied Warranty
Quanti-Minoris and Reduction in Purchase Price Other Than Lemon Laws
----------------
Louisiana: Quanti Minoris
Automobile Repossession, Self-Help Repossession and Other Dispossession Issues
----------------
Louisiana: Self-Help Repossession
Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
----------------
MMWA Trumps FAA? Can Arbitration be forced on Consumer Asserting Magnuson-Moss Warranty Act Claims?
Arbitration: What is the Burden of Proof and Standard to Force It?
Choice of Forum Clauses
Class Action Waivers
Defenses Available to the Consumer
Odometer Fraud: Federal and Sate Laws: Claims for Damages
----------------
Federal and State Odometer Acts: Text of Statutes, Purposes and History of Laws
Federal Odometer Act: Burden of Proof; Not a Strict Liability Statute
Is Proof of Intent Required?
Dealer Must Adopt Practices to Uncover Odometer Fraud and Discrepancies
Signing Odometer Disclosure with Inaccurate Mileage
Written and Signed Odometer Disclosure is Required
Federal and State Odometer Laws and Fraud: General Discussion, Tips and Facts
Damages, Treble Damages, Attorneys' Fees and Other Awards Available Under Federal Odometer Act [FOA]
Accessing Credit Reports: What Are Common Issues Presented in Car Sales?
----------------
15 U.S.C. 1681b[f]: Burden of Proof, Claims Available; Remedies; Damages
Loan Shopping
Consent of the Consumer
Consumer Initiated Transaction
Skip-Tracing and Collection Purposes
Mere Test Drives and Walking Up on the Lot
Co-Signors Who Are Not Present
Vicarious Liability for Employee's Actions in Acessing Credit Reports
Pulling Employee's Credit Reports
Accessing Credit Reports in Connection With Direct Mail, Advertisements, Come-Ons, etc.
Criminal Acts: ID Theft: Misuse of Report
Dealer Investigating Potential Customer
Buying Car With Cash: No Credit Check Needed or Agreed Upon
Accessing Credit Reports on Non-Applicants
Privacy Issues: Releasing Customer's Information, etc.
----------------
Releasing Information Pursuant to a Subpoena, Court Order, etc.
Equal Credit Opportunity Act [ECOA]
----------------
Are Car Dealers a Creditor Under the ECOA?
Auto Repair Frauds
----------------
General Discussions on Auto Repair Fraud and Tips
Buying a Used Car: What Should I Consider
----------------
General Discussions and Tips on Used Car Shopping and Purchases
Financing a Vehicle: What Should You Consider? Tips and Facts
----------------
General Discussions and Tips on Auto Financing
GAP Insurance: Is It Just a Scam? Should You Get It?
Leasing a Vehicle: What Should You Consider? Tips and Facts
----------------
General Discussions and Tips on Auto Leasing
Buying a New and Unused Car: What Should I Consider? Tips and Facts
----------------
General Discussions and Tips on New Car Shopping and Purchases
Spot Delivery and Yo-Yo Frauds
----------------
Illinois: Spot Delivery and Yo-Yo
Louisiana: Spot Delivery and Yo-Yo
New Jersey: Spot Delivery and Yo-Yo
Ohio: Spot Delivery and Yo-Yo
North Carolina: Spot Delivery and Yo-Yo
Michigan: Spot Delivery and Yo-Yo
Kentucky: Spot Delivery and Yo-Yo
TILA Implicated?
Spot Delivery and Yo-Yo: General Discussion and Explanation
Mississippi: Spot Delivery and Yo-Yo
Florida: Spot Delivery and Yo-Yo
Tennessee: Spot Delivery and Yo-Yo
South Carolina: Spot Delivery and Yo-Yo
New Hampshire: Spot Delivery and Yo-Yo
Kansas: Spot Delivery and Yo-Yo
Virginia: Spot Delivery and Yo-Yo
Connecticut: Spot Delivery and Yo-Yo
California: Spot Delivery and Yo-Yo
Alabama: Spot Delivery and Yo-Yo
Colorado: Spot Delivery and Yo-Yo
Georgia: Spot Delivery and Yo-Yo
Expert Witness Issues
----------------
Proof of Defect Through Expert's Testimony
Uniform Commercial Code [UCC]: Breach of Warranty Claims
----------------
UCC: Claims For Breach of Warranty
UCC: Burden of Proof
New York's UCC
Pleadings: Law, Forms and Samples
----------------
Motions to Dismiss: Opposing
Complaints, Petitions and Initiating Pleadings
Removal of Cases to Federal Court and Motions to Remand: Statutes, Case Law, and Tips
Summary Judgment: Moving For and Opposing
Objecting to a Federal Magistrate-Judge's Report and Recommendation
Deceptive Trade Practices: States' Laws
----------------
Louisiana: LUPTA: La. R.S. 51:1401, et. seq.
Texas: DTPA: Tex. Bus. & Comm. Code sec. 17.41, et. seq.
Products Liability Laws
----------------
Louisiana Products Liability Act
South Carolina Products Liability
Litigation Strategies
----------------
Intra-District Transfer of Venue: Post-Removal
Venue, Transfer of Venue and Related Considerations
Removal and Remand: What Can You Do If Removed
Conflicts of Laws and Federal versus State Law Application: What Law Applies?
Usury and Other Financing Issues: What Are the Rules Concerning Auto Financing?
----------------
Louisiana: Usury
Federal Trade Commission Actions and Publications
----------------
Consumer Leasing Act Actions
Rebuilt, Reconditioned or Used Auto Parts
Auto Repair Shops
Automobile Dealers: Privacy Matters
Auto Service Contracts
Used Cars: Warranty Matters
Auto Transport, Delivery and Shipping Scams and Actions
Various Auto Pyramid Schemes
BBB Auto Line
Flood Damaged Cars
Loan Kickbacks
Packed or Loaded Payments
Auto Leasing Scams
Extended Warranty Scams
Dealer Prep Fees
Car Repair Scams
Curbstoning
Car Title-Washing
Towing Company Scams
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