1.4.3.2 Litigation Issues
1.4.3.2 Litigation Issues
- ● Arbitration. See Consumer Arbitration Agreements;123 § 10.3.5, infra; Consumer Warranty Law § 13.4.124
- ● Raising dealer-related claims against creditor. See Federal Deception Law Ch. 4.125
- ● Liability of creditors, wholesalers, automobile auctions, and other third parties. See § 10.4, infra; Unfair and Deceptive Acts and Practices Ch. 10.126
- ● Common law fraud and misrepresentation. See Ch. 8, infra; Consumer Warranty Law Ch. 11.127
- ● Punitive damages. See §§ 8.10, 8.11, infra.
- ● Rescission. See § 8.12, infra.
- ● Warranty claims. See Consumer Warranty Law;128 § 9.2, infra.
- ● UDAP claims. See Unfair and Deceptive Acts and Practices Ch. 7.129
- ● Racketeer Influenced Corrupt Organizations Act (RICO), state RICO, and civil theft claims. See Federal Deception Law Chs. 7, 8;130 §§ 9.5, 9.6, infra.
- ● Leasing claims. See § 9.7, infra.
- ● Negligence, mistake, and breach of contract. See §§ 9.3, 9.8, 9.9, infra; Consumer Warranty Law Ch. 12.131
- ● Damages. See § 10.10, infra; Unfair and Deceptive Acts and Practices § 12.3.132
- ● Class actions. See § 10.7, infra; Unfair and Deceptive Acts and Practices § 12.5;133 Consumer Class Actions.134
- ● Pleadings and jurisdiction. See § 10.4, infra; Unfair and Deceptive Acts and Practices §§ 11.5, 11.6;135 Consumer Warranty Law § 13.3.136
- ● Evidence and trials. See §§ 10.8, 10.9, infra; Unfair and Deceptive Acts and Practices § 11.8;137 Consumer Warranty Law § 13.8.138
- ● Settlements. See § 10.11, infra; Consumer Warranty Law § 13.7.139
- ● Attorney fees. See § 10.12, infra; Unfair and Deceptive Acts and Practices § 12.8;140 Consumer Warranty Law § 13.9.141
- ● Collecting judgments. See § 10.13, infra; Consumer Warranty Law § 15.9.142
Footnotes
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123 {131} National Consumer Law Center, Consumer Arbitration Agreements (8th ed. 2020), updated at www.nclc.org/library.
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124 {132} National Consumer Law Center, Consumer Warranty Law § 13.4 (6th ed. 2021), updated at www.nclc.org/library.
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125 {133} National Consumer Law Center, Federal Deception Law Ch. 4 (3d ed. 2017), updated at www.nclc.org/library.
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126 {134} National Consumer Law Center, Unfair and Deceptive Acts and Practices Ch. 10 (9th ed. 2016), updated at www.nclc.org/library.
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127 {135} National Consumer Law Center, Consumer Warranty Law Ch. 11 (6th ed. 2021), updated at www.nclc.org/library.
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128 {136} National Consumer Law Center, Consumer Warranty Law (6th ed. 2021), updated at www.nclc.org/library.
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129 {137} National Consumer Law Center, Unfair and Deceptive Acts and Practices Ch. 7 (9th ed. 2016), updated at www.nclc.org/library.
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130 {138} National Consumer Law Center, Federal Deception Law Chs. 7, 8 (3d ed. 2017), updated at www.nclc.org/library.
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131 {139} National Consumer Law Center, Consumer Warranty Law Ch. 12 (6th ed. 2021), updated at www.nclc.org/library.
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132 {140} National Consumer Law Center, Unfair and Deceptive Acts and Practices § 12.3 (9th ed. 2016), updated at www.nclc.org/library.
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133 {141} National Consumer Law Center, Unfair and Deceptive Acts and Practices § 12.5 (9th ed. 2016), updated at www.nclc.org/library.
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134 {142} National Consumer Law Center, Consumer Class Actions (10th ed. 2020), updated at www.nclc.org/library.
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135 {143} National Consumer Law Center, Unfair and Deceptive Acts and Practices §§ 11.5, 11.6 (9th ed. 2016), updated at www.nclc.org/library.
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136 {144} National Consumer Law Center, Consumer Warranty Law § 13.3 (6th ed. 2021), updated at www.nclc.org/library.
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137 {145} National Consumer Law Center, Unfair and Deceptive Acts and Practices § 11.8 (9th ed. 2016), updated at www.nclc.org/library.
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138 {146} National Consumer Law Center, Consumer Warranty Law § 13.8 (6th ed. 2021), updated at www.nclc.org/library.
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139 {147} National Consumer Law Center, Consumer Warranty Law § 13.7 (6th ed. 2021), updated at www.nclc.org/library.
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140 {148} National Consumer Law Center, Unfair and Deceptive Acts and Practices § 12.8 (9th ed. 2016), updated at www.nclc.org/library.
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141 {149} National Consumer Law Center, Consumer Warranty Law § 13.9 (6th ed. 2021), updated at www.nclc.org/library.
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142 {150} National Consumer Law Center, Consumer Warranty Law § 15.9 (6th ed. 2021), updated at www.nclc.org/library.