In this inaugural episode of Moving the Metal, Troutman Pepper attorneys Brooke Conkle and Christopher Capurso examine the major requirements of the #FTC’s proposed CARS Rule. After a refresher on the rule’s requirements, Brooke and Chris discuss the current status of the litigation surrounding the rule, including a discussion of the briefs and data submitted by the FTC and the trade groups fighting the rule. Tune in as Brooke and Chris look under the hood to examine the FTC’s fine print and where the rule currently stands in the courts, helping your #autofinance company avoid regulatory pitfalls. #consumerfinance Click here to listen to the full episode: https://lnkd.in/e6cH4kxb
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In our latest #AheadoftheCurve #AutoSupplier blog, Timothy Smith delivers a preview of the Higuchi case, which presents the U.S. Court of Appeals for the Sixth Circuit with the question of whether the term "requirements" is sufficiently definite to create an enforceable requirements contract under the UCC's statute of frauds. Tim sheds light on the case's potential implications for #suppliers + their contractual agreements within the #automotive supply sector. Much like AirBoss, this ruling could cause significant waves, reshaping the landscape of #contract enforcement in the industry.
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In our most recent #autosupplier blog, Timothy Smith provides an overview of the Higuchi case. This case raises the issue of whether the term "requirements" is clear enough to establish a binding requirements contract under the statute of frauds in the UCC for the U.S. Court of Appeals for the Sixth Circuit. Tim discusses the potential impact of this case on suppliers and their contracts in the automotive supply industry. Check it out in the link below ⬇️.
In our latest #AheadoftheCurve #AutoSupplier blog, Timothy Smith delivers a preview of the Higuchi case, which presents the U.S. Court of Appeals for the Sixth Circuit with the question of whether the term "requirements" is sufficiently definite to create an enforceable requirements contract under the UCC's statute of frauds. Tim sheds light on the case's potential implications for #suppliers + their contractual agreements within the #automotive supply sector. Much like AirBoss, this ruling could cause significant waves, reshaping the landscape of #contract enforcement in the industry.
Less Than a Year After AirBoss, Federal Appeals Court Faces New Case with Potentially Far-reaching Implications for Suppliers - Warner Norcross + Judd LLP
wnj.com
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⚠️ ATTN: Are you arranging credit for consumers? If so, tune into this video where C3 Complete Founder / CEO, Rick Mancinelli, discusses why the FTC Safeguards businesses rule applies to you. If you're working in automotive dealerships, real estate, financial services, you definitely want to pay attention to how this law now impacts you.
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Five years ago, the SEC charged Volkswagen with fraud, which the company disputed and later assured shareholders it would contest the charges. Fast forward to last month, the SEC and Volkswagen jointly told the court that the company has agreed to pay $48 million to settle all charges. What changed? Well, like other companies that seek peace with the SEC, the agency effectively told Volkswagen to stay silent, or the deal’s off. So, what exactly doesn't the SEC want Volkswagen shareholders to know? Because of the SEC's unlawful Gag Rule, we’ll never know—nor will Volkswagen shareholders. Read more in NCLA's Russ Ryan's recent opinion piece in The Hill: https://lnkd.in/gKyMvKPv
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New Business Revenue Driver | Marketing & Sponsorship Expert | OTT/CTV & Digital Guru | Multimedia Sales/ Fundraising | Local Freelance TV Host | Creative and Decisive Leader |
Every business should be implementing scaleable compliance training within their onboarding modules and internal audits evaluating cybersecurity /financial complainace practices…
CDK Global to pay $100 million to settle dealership antitrust suit. The proposed settlement, which requires a judge's approval, avoids a planned September trial. It does not affect other pending litigation against CDK. Read the full story: https://lnkd.in/efXSniUC
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Does anyone else find it ironic (not to mention a First Amendment violation) that when the U.S. Securities and Exchange Commission settles a case against a publicly traded corporation, it invariably gags the company from publicly disclosing to its shareholders and the investing public what it really thinks about the SEC's charges and its reasons for settling the case? Please check out my latest op-ed in The Hill and let me know what you think -- am I missing something? #secenforcement #securitiesenforcement #financialregulation #freespeech
What doesn’t the SEC want Volkswagen shareholders to know?
https://thehill.com
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The FTC has been asking, warning, and even demanding certain actions from Auto Dealership's. The CDK news is unfortunate, and we have sympathy for those affected. If you want to run your operations properly, you need ARMD. Here is a simple explanation of the law to help you figure out what to do if a breach has happened. With this, you can comply with GLBA which has been in effect since 2003. It’s time to get ARMD.
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Attention Retail Auto Dealerships! It’s time to comply with the FTC’s Safeguard Act. If you’ve had a data breach, this is what you need to do. The FTC has made it clear that dealerships are responsible for protecting their consumers’ PII. The Safeguard Act is a set of requirements designed to help dealerships do just that. If you haven’t already implemented these safeguards, you’re putting your business and your customers at risk. Don’t wait until it’s too late. Visit the FTC’s website for more information and resources. #FTCSafeguardAct #DataBreach #RetailAuto
The FTC has been asking, warning, and even demanding certain actions from Auto Dealership's. The CDK news is unfortunate, and we have sympathy for those affected. If you want to run your operations properly, you need ARMD. Here is a simple explanation of the law to help you figure out what to do if a breach has happened. With this, you can comply with GLBA which has been in effect since 2003. It’s time to get ARMD.
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This is a prevalent post in terms of highlighting the increased focus from the FCA around financial promotions. It shocks me to see so many introducers failing to meet the minimum FCA requirements, especially around Representative and Illustrative APRs, and also Commission disclosure statements. The ignorance of trusting website developers, and in many cases trusting scalable lenders to implement Fin Proms is still leaving a large number of introducers exposed. At Marsh under our MVP product, we offer free advice on how to ensure our partners meet the minimum requirements set out by the regulator. If you are an introducer and have any doubts around your FinProms policy, please DM me to arrange a free check up. We have many testimonials from well known intermediaries in our industry, so please do not be the business that falls foul of the guidelines 🙏🤞
Did you know that in 2023, the FCA’s diligent oversight led to over 10,000 financial adverts and promotions being withdrawn or amended—a significant increase of 17% from the previous year? This highlights the critical importance of truthful advertising in car finance. Check out this article to learn more about the FCA’s latest regulatory updates and their implications: https://lnkd.in/eFV_BhMK Out of interest… how is your business responding to this shift towards greater transparency?
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Practicing white collar lawyers, corporate GCs, and anyone running a business that might be called upon to respond to a federal grand jury subpoena (basically any entity) should pay close attention to this case. You should assume anything you produce to the government can and will become public. Eight years ago, VW produced millions of documents to a grand jury in connection with the emissions scandal investigation. DOJ found the evidence meaningful and VW’s cooperation worth a substantial reduction in its corporate sentence, entered following a guilty plea. A professor then filed a FOIA request to find out just what was so valuable in those documents. And, in what appears to be a first, a federal judge has ordered DOJ to disclose in the FOIA litigation potentially a million documents previously produced under the veil of grand jury secrecy. Regardless of what you think of FOIA’s application, whether the documents are agency records, or how Rule 6 applies to documents of investigation subjects, the bottom line is that anyone producing documents should understand they lose control over those records and what is done with them. And you should assume there is risk that, by trial or by FOIA request, they become public.
Judge Tells DOJ, VW To Plan For Release Of Jones Day Docs - Law360
law360.com
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