Jay began his legal career with the Ohio Attorney General’s office supervising all litigation for the Ohio Division of Reclamation, ultimately earning promotion to Assistant Chief and Litigation Supervisor of the Attorney General’s Consumer Frauds and Crimes Section. Since leaving public service almost thirty years ago, he has devoted his practice to automotive law and litigation, including defense of consumer actions regarding violations of the Ohio Consumer Sales Practices Act, violations of the Uniform Commercial Code and related state and federal consumer protection statutes and regulations.
Jay has worked with dealers of all sizes – from mega-mall franchised dealers to small independent dealers – assisting them in franchise actions related to terminations, relocations, add points, or other factory actions, including imposition of unfair performance standards and regarding adequacy of sales and service facilities. During his career, he has defended motor vehicle dealers throughout Ohio and other states against multiple consumer complaints, including those attempting to certify a class action.
Jay has served as Counsel to the Ohio Independent Auto Dealers Association (OIADA). He has published three law review articles and has successfully argued three cases before the Ohio Supreme Court. He has also pursued two cases through final determination by the United States Supreme Court.
- Advised dealers in multiple states regarding Dealer Agreements with lenders.
- Designed and delivered dealer training programs to establish “bonafide error” defense of consumer claims.
- Worked with state regulators to develop more flexible administrative rules governing dealers.
- Participated in Uniform Law Commissions process for revising Article 2 (Sales) and 9 (Secured Transactions) of the Uniform Commercial Code.
- Represented major franchise dealer in two trials where, among other claims, dealer had to admit violation of state “repairs and services” rule. In addition to defeating all other claims, successfully argued to jury that violation of administrative rule was a “bonafide error” due to company’s established policies and procedures.
- Successfully negotiated settlements with various state Attorney General offices concerning allegations of violations of state and federal consumer protection laws.
- Presented to Ohio State Bar Association regarding defense of consumer protection issues.