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Tom Hudson

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Articlesby Tom HudsonApril 2, 2009

Good Lawyering Pays Off in Defense of GAP

Thomas B. Hudson, Esq. - Lawyers who make their livings suing car dealers have latched onto yet another way to get their hands into dealers’ wallets. A slew of class action lawsuits around the country allege claims against dealers when...

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Articlesby Tom HudsonMarch 16, 2009

Class Certification Motion Defeated in "Unauthorized Practice of Law" Case

Thomas B. Hudson, Esq. - In several jurisdictions around the country, dealers have been hit with class action lawsuits alleging that the dealers’ actions in completing legal forms such as buyer’s orders and retail installment contracts constitute...

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Articlesby Tom HudsonFebruary 23, 2009

Why You Shouldn't Delay Your Red Flags Program

Thomas B. Hudson, Esq. - We are urging dealers to move with urgency to get their Red Flags programs in place quickly—long before the end of this 6-month enforcement grace period granted by the FTC. Why? Three reasons, and they may apply to...

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Articlesby Tom HudsonDecember 5, 2008

Pigs Get Fat, Hogs Get Slaughtered

Thomas B. Hudson, Esq. - One surefire way to make sure a court won’t enforce your arbitration agreement is to ask it to do more than get you in front of an arbitrator. I can’t tell you the number of arbitration agreements I’ve seen that indicate...

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Articlesby Tom HudsonNovember 12, 2008

Law of Unintended Consequences: What the Future May Bring

Thomas B. Hudson, Esq. - The mortgage mess has spilled over into the car arena. The credit markets appear to be temporarily shell shocked and reluctant to assume any risk. Finance companies that lived on the securitization model can’t...

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Articlesby Tom HudsonOctober 15, 2008

What Happens When Your Customer Is Uninsured?

Thomas B. Hudson, Esq. - Sometimes it seems like there’s just no end to the ways a dealer can get into a legal jam. That’s really not surprising ... Here’s an example of a dealer’s problems arising from the sale, or non-sale, of credit insurance...

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Articlesby Tom HudsonSeptember 11, 2008

Just Because You’re Paranoid Doesn’t Mean They Aren’t Following You

Thomas B. Hudson, Esq - If you are a dealer, you may take some comfort from the fact that your customers seldom get upset enough to haul you into court. That comfort disappears, though, when you find out that your customers are being encouraged to sue you...

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Articlesby Tom HudsonSeptember 5, 2008

It’s Enough to Make a Grown Man Cry: The Fair and Accurate Credit Transaction Act

Thomas B. Hudson, Esq. - The truncation and expiration date parts of the FACTA legislation turned out to be the worst sort of "gotcha" legislation...

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Articlesby Tom HudsonAugust 7, 2008

A Silver Lining: The Case for Arbitration Agreements

Thomas B. Hudson, Esq. - Another problem that the housing mess will create for dealers will come from the legislative backlash that we will see as our elected representatives fall all over each other in their attempts to “fix” the housing problems...

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Articlesby Tom HudsonJuly 7, 2008

Snoozing and Losing: The Case for Arbitration Agreements

Thomas B. Hudson, Esq. - I am frequently asked whether dealers’ use of mandatory arbitration agreements as a defense against class action lawsuits and as a way to escape potentially crippling court-awarded damages is a tactic that actually works...

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