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Practice

Auto Finance

Troutman Pepper Locke’s consumer financial services practice maintains a dedicated Auto Finance Group that specifically focuses on indirect and direct automotive lending, as well as leasing and subscription/rental programs. The Auto Finance Group has broad industry experience, combining expertise in compliance, litigation, and regulatory matters with a deep understanding of the auto finance business to offer unparalleled representation to industry stakeholders.

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Consumer Class and Complex Individual Actions

  • Represented six of the top 15 indirect auto lenders in consumer class and complex individual actions throughout the nation.
  • Prevailed in class action for major captive auto finance company in nationwide litigation, achieving a benchmark class settlement for that client.
  • Served multiple national banks in defense of individual and class claims arising out of federal laws such as the Magnusson-Moss Warranty Act and state laws such as the California Consumer Legal Remedies Act, the Automobile Sales Finance Act, the New Jersey Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA), the Maryland Grantor Closed-End Credit provisions (CLEC), and the Florida Consumer Collection Practices Act (FCCPA).
  • Served as counsel in nationwide TCPA class actions and individual litigation against a top 10 indirect auto lender. Troutman Pepper is one of the only firms in the nation to have significant experience trying individual TCPA claims.
  • Defended the nation’s largest independent car dealer in multiple class actions across several states.

Compliance and Regulatory Investigations

  • Provided compliance advice to multiple auto finance companies, including one of the nation’s largest subprime indirect lenders, and banks related to their auto financing operations.
  • Counsel to the nation’s largest independent car dealer and its captive financing subsidiary, providing advice on laws and regulatory requirements in almost 40 states. For the better part of a decade, we have served as this client’s primary national compliance counsel.
  • Advised multiple major indirect lenders with revisions to their standard dealer agreements, underwriting policies, compliance manuals, and other key documents to address current legal trends and regulatory developments.
  • Advised a major national bank on automotive advertising laws and regulations for all 50 states.
  • Advised a major national bank on servicing and collection laws and regulations for all 50 states affecting auto financing origination and servicing.
  • Counsel to regional and community banks in fair-lending examinations of indirect auto financing portfolios and threatened federal enforcement actions.
  • Assisting bank and nonbank auto finance companies with numerous CFPB examinations, as well as state examinations.
  • Representing numerous auto finance companies in CFPB and other enforcement investigations.
  • Conducting compliance reviews and mock examinations of auto finance companies.

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Moving the Metal: The Auto Finance Podcast