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Tom Hudson

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Articlesby Tom HudsonJune 27, 2012

FTC Hammers Dealers on “Upside Down” Ads

Attorney Tom Hudson discusses the Federal Trade Commission's recent settlement orders requiring several dealers to stop running ads in which they promise to pay off a consumer's trade-in no matter what the consumer owes on the vehicle.

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Articlesby Tom HudsonMay 31, 2012

Wars and Rumors of Wars

Attorney Tom Hudson addresses a few of the rumors that have been circulating about potential actions of the new federal Consumer Financial Protection Bureau.

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Articlesby Tom HudsonApril 30, 2012

Dealer Financing, Pricing Discretion and Class Action Lawsuits

Attorney Tom Hudson discusses a recent court decision in the housing finance area that could be useful in the auto financing arena as well.

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Articlesby Tom HudsonMarch 30, 2012

When “As Is” Doesn’t Mean “As Is”

Attorney Tom Hudson examines an appellate case in which the term “as is” did not protect the dealer from allegations of fraud and violation of the Michigan Consumer Protection Act.

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Articlesby Tom HudsonFebruary 21, 2012

Faking Dealership Reviews Online Leads to Trouble

Attorney Tom Hudson discusses an enforcement action against a Florida dealership dealing with, among other things, the dealership’s alleged practice of posting false reviews of the dealership online.

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Articlesby Tom HudsonJanuary 26, 2012

When the Cops Aren’t the Cops

Recent fraudulent emails to dealerships purporting to be from the FTC prompt attorney Tom Hudson to issue a word of caution to dealers: Make sure any "authorities" who approach the dealership are the real thing before taking any action.

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Articlesby Tom HudsonDecember 26, 2011

Arbitration Agreements Can be Helpful in Class Action Lawsuits

The best first line of defense against class action suits is the practice of requiring consumers to sign mandatory arbitration agreements as part of the car purchase and finance transactions they enter into. Attorney Thomas Hudson provides an example of how the use of arbitration agreements saved the day when the class action lawyers came calling.

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Articlesby Tom HudsonNovember 30, 2011

Flying Under the Radar

Dealers who ignore rules and regulations they’re required by law to comply with and instead hope to fly under the radar unnoticed by the Federal Trade Commission and Consumer Financial Protection Bureau might want to ask themselves the following questions posed by Attorney Tom Hudson in this article.

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Articlesby Tom HudsonOctober 28, 2011

Cobweb Compliance

Attorney Thomas Hudson poses two scenarios about how dealers comply with the Safeguarding Rule. One scenario is about a dealer who initially had good intentions but allowed compliance cobwebs to build up, the other is about a dealer who implements and maintains a compliant process.

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Articlesby Tom HudsonSeptember 23, 2011

Best Practice in One State Can Lead to Jail in Another

Attorney Tom Hudson discusses how best practices in some dealerships can be prohibited in other dealerships due to state laws. One example he mentions is bird-dog programs.

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