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Michael Benoit

Full Disclosure: New Rule Proposed for Dealers

Way back in 2003, Congress passed the Fair and Accurate Credit Transactions Act (FACTA). For us lawyers, it’s the gift that keeps on giving.

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Investigatory Etiquette

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

New Disclosure Rule Proposed for Auto Finance Customers

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.

Special Credit Protections for Military Personnel

Given that our men and women in uniform so often find themselves in harm’s way these days, it is only fitting the law provides special protections to them with respect to the credit obligations they enter into prior to being called into active duty.

Auto Finance Marketing Redux: What’s Old is New Again

Dealers have been contracting for years with marketing companies that use so-called prescreen lists to offer auto financing to qualified consumers. The Fair Credit Reporting Act (FCRA) requires that each person on such a list receive a “firm offer of credit”.

What’s On Your Receipt?

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.

Valuing Compliance

Being a compliance lawyer, I ask new and potential clients to consider this question: What value do you place on good F&I compliance practices in your operation? So, what would your answer be?

Making a Legal Distinction

Let’s face it; the law is not always the most stimulating topic for those of you who have lives. But knowledge is power, and it’s important to your business.

Can I Have That in Writing?

A series of attacks on document preparation fees in several states has resulted in a line of cases holding that charging a fee to fill in the blanks on legal documents (for example, retail installment sale contracts) is the practice of law.

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Paying Attention Does Cost Less

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.

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