Consumer Law

Odometer Tampering, Lemon Laundering, and Concealment of Salvage or Other Adverse History
Millions of consumers are defrauded each year by dealers not disclosing a vehicle’s wreck or salvage history, true odometer reading, prior use, lemon-law buyback history, or repaired damage to brand new cars. Other frauds involve vehicle titles and “yo-yo” sales.

How to obtain punitive damages, rescission, treble damages, or $10,000 statutory damages, and attorney fees:

Federal and state requirements for titles, odometer readings, and “yo-yo” or spot delivery sales
How to detect and remedy salvage or prior wreck fraud
Lemon laundering (resale of a buyback vehicle)
50-state analysis of automobile fraud laws
Supreme Court punitive damage rulings.
Winning Investigation and Litigation Techniques
Follow the title: How to obtain and utilize a vehicle’s title history

Follow the metal: How to inspect the vehicle

Follow the money: Finding hidden dealer assets, liability of floor planners, and more.

Today’s Hottest Consumer Litigation Area and Perhaps the Most Important Consumer Protection Rule

The most detailed and up to date analysis of the Telephone Consumer Protection Act (TCPA—today's hottest consumer litigation area (including Supreme Court decisions) providing individual and class statutory damages for unwanted robocalls and texts
The FTC Holder Rule: an essential avenue for effective and practical consumer relief, by making creditors affirmatively liable for the seller's misconduct—perhaps the most important tool in a consumer attorney’s arsenal
RICO, False Claims Acts, Telemarketing Rules, and Much More

The surprising reach of the FTC Telemarketing Sales Rule (not just to telemarketing), with equally surprising tough requirements on a broad array of businesses
Seven other important FTC Rules establishing standards for UDAP private remedies--everything from credit to cars to Internet and door-to-door sales
The implications for private remedies of the CFPB’s new “abusive” and other UDAAP standards, guidance and rulemaking
Federal RICO treble damages against deep pockets for a broad array of abusive practices
Underutilized, but perhaps even more effective litigation under state RICO and civil theft statutes
Federal and state standards assisting challenges to debt settlement, debt elimination, and debt management, and other debt relief scams
Large private recoveries and widespread relief under the federal and state false claims acts, often avoiding arbitration requirements
Consumer rights concerning plain English and non-English disclosures
The federal Restore Online Shoppers’ Confidence Act (ROSCA).

Odometer Tampering, Lemon Laundering, and Concealment of Salvage or Other Adverse History
Millions of consumers are defrauded each year by dealers not disclosing a vehicle’s wreck or salvage history, true odometer reading, prior use, lemon-law buyback history, or repaired damage to brand new cars. Other frauds involve vehicle titles and “yo-yo” sales.

How to obtain punitive damages, rescission, treble damages, or $10,000 statutory damages, and attorney fees:

Federal and state requirements for titles, odometer readings, and “yo-yo” or spot delivery sales
How to detect and remedy salvage or prior wreck fraud
Lemon laundering (resale of a buyback vehicle)
50-state analysis of automobile fraud laws
Supreme Court punitive damage rulings.
Winning Investigation and Litigation Techniques
Follow the title: How to obtain and utilize a vehicle’s title history

Follow the metal: How to inspect the vehicle

Follow the money: Finding hidden dealer assets, liability of floor planners, and more.

An unfair and deceptive acts and practices (UDAP) statute usually provides attorney fees and enhanced damages for a wide array of deceptive or abusive practices. NCLC's treatise for over 40 years has been the definitive treatise in this area for use in all 50 states:

50-state and FTC precedent on UDAP challenges to credit, debt collection, mortgages and foreclosures
50-state and FTC cases on automobile sales, leases, and finance
Scope of each state's UDAP statute
Preconditions to litigation under each state's UDAP statute
Detailed analysis of UDAP attorney fees, and actual, minimum, and multiple damages
Limits on use of UDAP statutes and how to overcome them
Application to national banks
Manufactured homes and parks, landlord-tenant, and utilities
Service contracts and auto repair
Failure to disclose as a violation
Unfairness and unconscionability standards
Liability of third parties for UDAP violations
State court UDAP litigation is all the more important now with recent Supreme Court roadblocks to consumer claims in federal court.