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March 2012 - Feature

Vegas Musings

The magazine’s resident legal wiz reports on what he saw and heard at the industry’s annual get-together last month, including reports of dealer investigations being conducted by the Federal Trade Commission.

By Tom Hudson

The magazine’s resident legal wiz reports on what he saw and heard at the industry’s annual get-together last month, including reports of dealer investigations being conducted by the Federal Trade Commission.

Tags: CFPB, Consumer Financial Protection Bureau, Federal Trade Commission, NADA, NADA Convention and Expo, spot delivery

February 2012 - Feature

10 Predictions for 2012

The magazine’s legal wiz shines up his crystal ball to offer his predictions on how the CFPB and the FTC will flex their regulatory muscles in 2012.

By Tom Hudson

The magazine’s legal wiz shines up his crystal ball to offer his predictions on how the CFPB and the FTC will flex their regulatory muscles in 2012.

Tags: CFPB, Consumer Financial Protection Bureau, FEDERAL REGULATION, Federal Trade Commission, LEGAL, legislation

January 2012 - Feature

A New Game Plan

Dealers have done well to defend themselves against the oncoming blitz of new regulations, but the magazine’s newest compliance expert says there are a few downs left to play.

By Gil Van Over

Dealers have done well to defend themselves against the oncoming blitz of new regulations, but the magazine’s newest compliance expert says there are a few downs left to play.

Tags: CFPB, Compliance, Consumer Financial Protection Bureau, Federal Trade Commission, LEGAL, TILA, Truth in Lending Act

October 2011 - Feature

A Tale of Two Agencies

Do you know who your regulator is? The answer may not be as clear-cut as you think. The magazine’s legal wiz weighs in.

By Michael A. Benoit

Do you know who your regulator is? The answer may not be as clear-cut as you think. The magazine’s legal wiz weighs in.

Tags: CFPB, Consumer Financial Protection Bureau, Federal Trade Commission, LEGAL, legislation

September 2011 - Feature

Spotting by the Book

The magazine’s legal wiz shares a textbook case on what not to do when spot delivering a vehicle.

By Tom Hudson

The magazine’s legal wiz shares a textbook case on what not to do when spot delivering a vehicle.

Tags: Compliance, Fair Credit Reporting Act, Federal Trade Commission, LEGAL

June 2011 - Feature

Dealers Guide to Compliance

Before you select your next compliance software tool, read this primer on connecting technology to your dealership’s compliance processes.

<p>The multimillion-dollar settlement against five captive lenders for discriminatory practices early last decade will be fresh in regulators&rsquo; minds for years to come. Dealers who demonstrate a willingness and ability to play within the rules will benefit as auto lending continues its comeback.</p>

By Joe Bartolone

Before you select your next compliance software tool, read this primer on connecting technology to your dealership’s compliance processes.

Tags: Compliance, Consumer Financial Protection Bureau, E-CONTRACTING, electronic document storage, Federal Trade Commission, technology

June 2011 - Feature

Social Policymaking Is Not the Solution

Can the FTC balance what consumer advocates want and what industry reps say is needed? The magazine’s legal wiz says that time will tell.

By Michael A. Benoit

Can the FTC balance what consumer advocates want and what industry reps say is needed? The magazine’s legal wiz says that time will tell.

Tags: Dodd-Frank Act, FEDERAL REGULATION, Federal Trade Commission, Michael Benoit

May 2011 - Feature

Impressions From Detroit

Thanks in part to recycled anecdotes from consumer advocates, the industry fared better than expected at the FTC’s first roundtable discussion.

By Tom Hudson

Thanks in part to recycled anecdotes from consumer advocates, the industry fared better than expected at the FTC’s first roundtable discussion.

Tags: Compliance, Federal Trade Commission, LEGAL

April 2011 - Feature

The FTC Hits the Road

By Michael Benoit

The magazine’s legal wiz questions how easily the Federal Trade Commission can shift gears from enforcement body to policy maker.

Tags: Dodd-Frank Act, Federal Trade Commission, LEGAL, payment packing, spot delivery

January 2011 - Feature

The Hunt for Noncompliant Dealers

The FTC has been poking around at some dealerships in recent months. What is the agency looking for? The magazine’s legal expert weighs in.

By Tom Hudson

The FTC has been poking around at some dealerships in recent months. What is the agency looking for? The magazine’s legal expert weighs in.

Tags: Compliance, Federal Trade Commission

January 2011 - Feature

First Line of Defense

Karina Grile worked overtime to get Voss Auto Network’s stores in line with the industry’s newest rule — one that experts say could be a blessing in disguise.

By Gregory Arroyo

Karina Grile worked overtime to get Voss Auto Network’s stores in line with the industry’s newest rule — one that experts say could be a blessing in disguise.

Tags: Compliance, CoreLogic Credco, DEALERTRACK, Federal Trade Commission, Red Flags Rule, Reynolds & Reynolds, RouteOne, Voss Auto Network, Wolters Kluwer Financial Services

December 2010 - Feature

The Exception is the Rule

F&I’s legal wiz serves up a nice reminder of two federal rules coming down the pike in January. Are you ready?

By Michael A. Benoit

F&I’s legal wiz serves up a nice reminder of two federal rules coming down the pike in January. Are you ready?

Tags: Compliance, DEALERTRACK, Fair and Accurate Credit Transactions Act of 2003, FEDERAL REGULATION, Federal Trade Commission, RouteOne

October 2010 - Feature

Is That Legal?

By Michael Benoit

Can you raise the price of a vehicle to cover a high bank fee? Get that answer and more from the magazine’s legal expert.

Tags: Federal Trade Commission, LEGAL, Michael Benoit, Truth in Lending Act

June 2010 - Feature

A Bona-Fide Defense

The bona-fide and good-faith precedent was set by two U.S. Supreme Court rulings in 1998. Today, those rulings guide how regulations are written and how organizations comply.

By Jim Lawrence

What exactly does the Federal Trade Commission mean by ‘bona fide’ or ‘good faith’? With the Red Flags Rule set to go live this month, dealer compliance expert provides the answer.

Tags: Compliance, Federal Trade Commission, Red Flags Rule

March 2010 - Feature

New Credit Rules Decoded

By Randy Henrick

Risk-Based Pricing Rules represent the latest in consumer-protection regulations, but they aren’t easy to decipher. Compliance expert breaks down the rules and offers some guidance.

Tags: Compliance, credit reports, Credit Scores, Federal Trade Commission, Risk-Based Pricing Notices

February 2010 - Feature

Time to Uphold Our Job Requirement

By Gregory Arroyo

The verdict on the impact of the Fed's new rule is still out, but its requirements might just be what the doctor ordered for our business.

Tags: Adverse Action Notice, Compliance, Fair and Accurate Credit Transactions Act of 2003, Federal Reserve, Federal Trade Commission, Risk-Based Pricing Notices

February 2010 - Feature

Raising the Odds

By Gregory Arroyo

Three compliance experts attempt to map out a dealer’s best-chance deal. In the end, all roads lead back to compliance.

Tags: Compliance, FEDERAL REGULATION, Federal Trade Commission, Truth in Lending Act

February 2010 - Feature

The Gift That Keeps on Giving

By Michael Benoit

Washington is working overtime these days, so expect 2010 to be a bumpy ride on the regulatory front.

Tags: Chrysler, Fair and Accurate Credit Transactions Act of 2003, Federal Reserve, Federal Trade Commission, General Motors, LEGAL, Michael Benoit, risk-based pricing rule

December 2009 - Feature

Rebooting the Robocall Rule

By Rob Cohen, Esq.

When the FTC revised its telemarketing rule, it did so to curb the use of robocalls. Compliance expert breaks down the changes.

Tags: Compliance, Federal Trade Commission, robocalls, telemarketing

August 2009 - Feature

A Difference of Opinion

By Michael Benoit

There are always two sides to any story and this business always benefits from a little intellectual tug of war. That’s why I’ve invited the Center for Responsible Lending’s Josh Frank and Delvin Davis to share the center’s views on HR 2309.

Tags: Federal Trade Commission, HR 2309, LEGAL, Michael Benoit

April 2009 - Cover Story

12 Hot-Button Issues for 2009

By Terrence O'Loughlin and Justina Ly

As state and federal regulators increase their vigilance of finance transactions, dealers will need to be on high alert when it comes to their F&I processes. Former compliance regulator addresses F&I's brave new world of compliance.

Tags: Compliance, Fair and Accurate Credit Transactions Act of 2003, FEDERAL REGULATION, Federal Trade Commission, federal usury cap, spot delivery, used vehicles

April 2009 - Feature

Part II: Tackling Adverse Action Notices

By Jim Ganther

Knowing what triggers an adverse action notice can definitely be baffling, but so can the rules governing content and timing. Legal expert weighs in with part II of F&I's series on adverse action notices.

Tags: Adverse Action Notice, AFIP, Compliance, ECOA, Fair Credit Reporting Act, Federal Trade Commission

December 2008 - Feature

Game On for Red Flags

By Michael Benoit

Many financial institutions and creditors around the country have spent the last six or so months working diligently to implement their identity theft prevention programs as mandated by Congress and the Federal Trade Commission’s new Red Flags Rule.

Tags: Compliance, Federal Trade Commission, LEGAL, Michael Benoit, Red Flags Rule

October 2008 - Feature

FTC Disconnecting Telemarketing

By Michael Benoit

Dealers have all kinds of technology available these days to help them increase profitability, operate more efficiently, and generally make their lives easier. Like anything else, technology can come with legal baggage, and care must be taken to avoid an unintended compliance violation.

Tags: Compliance, Federal Trade Commission, LEGAL, Michael Benoit, telemarketing

August 2008 - Feature

Investigatory Etiquette

By Michael Benoit

Many dealers I talk to have an appreciation for the value good compliance practices bring to their operation.

Tags: Compliance, Federal Trade Commission, LEGAL, Michael Benoit

July 2008 - Feature

New Disclosure Rule Proposed for Auto Finance Customers

By Michael Benoit

Way back in 2003, Congress passed the Fair and Accurate Credit Transactions Act (FACTA). We’ve talked about it a lot in this column. For us lawyers, it’s the gift that keeps on giving, and it just gave again with the recent proposal for the last of the major rules it mandated.

Tags: Compliance, Fair and Accurate Credit Transactions Act of 2003, Federal Reserve, Federal Trade Commission, LEGAL, Michael Benoit

May 2008 - Feature

What’s On Your Receipt?

By Michael Benoit

I’ve mentioned the Fair and Accurate Credit Transaction Act of 2003 (FACTA) several times in this column. You’ll recall that FACTA made significant amendments to the Fair Credit Reporting Act (FCRA), many in ways one may not have expected.

Tags: Compliance, Fair and Accurate Credit Transactions Act of 2003, Fair Credit Reporting Act, Federal Trade Commission, LEGAL, Michael Benoit

February 2008 - Feature

Paying Attention Does Cost Less

By Michael Benoit

Since 2003, I’ve been running around the country trying to impress upon people the fact that the Federal Trade Commission (FTC) is serious when it comes to safeguarding consumer information.

Tags: Compliance, Federal Trade Commission, LEGAL, Michael Benoit

November 2007 - Feature

31 Reasons to be Worried

By Gregory Arroyo

A post made on Oct. 2 on the magazine’s F&I Forum made me think, “What a great story of a dealer doing it right.” But that was before I talked to Mark O’Neil, CEO of DealerTrack, about something he discussed during his keynote address at the magazine’s September F&I Conference and Expo.

Tags: DEALERTRACK, Editorial Page, F&I Conference & Expo, Fair and Accurate Credit Transactions Act of 2003, Federal Trade Commission, Red Flags Rule

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