Thrift & McLemore advances creative approaches to both franchised and licensed dealerships to manage all customer-related legal and commercial issues.
Through unique legal solutions and exceptional industry expertise, Thrift & McLemore (1) reduces dealership liability exposure; (2) improves dealership profitability; (3) defends the dealership “public domain”; (4) ensures compliance with government and agency consumer laws and regulations; (5) strengthens relationships between dealerships and consumer agencies; and (6) manages traditional dealership legal matters.
We are a unique in that we keep our legal rates low and encourage our clients to use us “early and often.” The sooner we are involved, the better. Think of us as an extension of your business.
Common situations we see related to franchise/dealer disputes.
A sales customer attempts to back out of a deal after signing, despite dealer compliance with Regulation Z.
A customer attempts to get out of paying (all or part) of his service bill by incorrectly claiming a certain part or service is covered under warranty.
A customer is posting defamatory or false information on the Internet.
A customer is demanding the lower price he found on the Internet, pre- or post- purchase.
A customer is claiming that a Sales or F&I employee represented something untrue or failed to disclose a
material (or more typically, immaterial) “fact,” and is threatening legal or other action.
You wish to repossess a car where financing was turned-down, when unable to give adequate notice to the customer.
Binding arbitration not being present in sales and service paperwork. Not having comprehensive release language in service paperwork.
Missing certain sales documents – i.e. the “Binding Delivery Agreement.”
Not having comprehensive release language in standard consumer settlement documents. Absence of enforceable liquidated damages clauses for termination of deal or non-payment. Improper and unenforceable disclaimer language.
Outdated (and incorrect) references to State and Federal statutes, laws and regulations.
Dealerships not recording the F&I sales process and signing process.
Your dealership is sued in connection with the Lemon Law.
Your dealership receives a notice from the department of consumer affairs, or related agency. Your dealership receives a notice the state attorney general’s office.
A claim is made with the division of motor vehicles.
A complaint is made with the BBB, the NFIB or related agency.
Recognized as a leader in dealership customer dispute resolution and consumer issue management, Thrift & McLemore also has specific legal expertise in the following areas:
- Customer sales disputes (deals that have “gone south”)
- Customer service disputes, warranty issues, reputation issues
- Government agency inquiries
- Administrative agency inquiries
- Removing unwanted information from the Internet and other media outlets (cease and desist letters)
- BBB and NFIB inquiries
- Truth in Lending Act/Regulation Z
- DMV complaints
- Consumer affairs matters
- Fair Credit Reporting Act
- Small claims hearings
- Consumer advertising compliance
- Warranty parts reimbursement
- Identity theft detection and prevention
- Fair and Accurate Credit Transactions Act (Red Flags Rule)
- Fair Debt Collection Practices Act
- Vehicle sales and finance practices
- Consumer Leasing Act/Regulation M
- F&I compliance, including Gramm-Leach-Bliley Act (information sharing and FTC’s Privacy and Safeguards Rules)
- Equal Credit Opportunity Act/Regulation B
- Lemon Law defense
- Consumer leasing agreement
- FTC inquiries