Automotive dealerships face a unique range of business and legal challenges requiring counsel specifically experienced in this industry. With pressure from all facets of your business including automakers, vendors, suppliers, regulatory agencies, and consumers, we understand the many risks inherent to the retail auto industry. From transactional counsel to ongoing regulatory compliance management to representation in litigation, we proactively manage and defend against those risks that can disrupt operations and threaten the success of your business.
Our clients rely on us for comprehensive counsel in matters related to manufacturer and vendor relations, franchise agreements, federal and state regulatory demands, real estate issues, and complex commercial and consumer litigation. We offer a full range of legal services that cover all facets of dealer compliance and litigation, including the following:
- Litigation and Dispute Resolution. We advocate for clients regarding all types of business and consumer claims on both the state and federal level, including high-risk matters that may include attorney’s fees for the losing party.
- Compliance Audits and Training. We provide audits and training in order to prevent both consumer complaints and to document defendable positions useful for countering consumer lawsuits and regulatory issues. Using developed training policies and procedures, we have successfully defended dealers from claims for treble damages and attorney fees.
- Marketing and Advertising Compliance Review. We review content of advertising and marketing collateral across all media, including but not limited to, advertising campaigns, websites, social media, sales scripts, sweepstakes, warranty, and disclosing materials.
- Mergers and Acquisitions. We counsel dealers on both sides of buy-sell agreements, and review manufacturer franchise deals.
- Automotive Financing. We offer legal advice for clients who provide consumer credit products and services within the automotive market.
- Labor and Employment Law. We help our clients handle and prepare for staff issues from initial hiring to exiting of employees.
One of the most significant threats dealers face arises from consumer claims, which can lead to devastating consequences for your business. In a complex and constantly evolving regulatory environment, our team of former consumer protection regulators understands this better than most. We routinely defend clients against alleged violations of Unfair, Deceptive, or Abusive Acts or Practices (UDAAP), Consumer Sales Practices Act (CSPA), Lemon Laws, and other state and federal consumer laws. We also bring deep experience with actions related to the FTC’s Telephone Consumer Protection Act (TCPA) and growing scrutiny from the Bureau of Consumer Financial Protection (BCFP) that are increasingly impacting the auto industry.
Advocates at heart, we are at the forefront of the issues that affect you most and are deeply engaged with the industry associations representing your interests. We work closely with the National Independent Automobile Dealers Association (NIADA), National Automobile Dealers Association (NADA), and National Association of Dealer Counsel (NADC), and have served as Counsel to the Ohio Independent Auto Dealers Association (OIADA).