Franchise and Dealership Law

Franchise and dealership law is complex and can differ significantly depending on the industry and jurisdiction. In litigation, experienced commercial litigators use their specialized knowledge to help franchisees and dealers strengthen relationships and improve operations within their specific markets.

This area of law is shaped by both federal and state regulations. At the federal level, franchises and dealerships are subject to the Federal Trade Commission (FTC), antitrust laws, and other statutes that may vary by industry. At the state level, common law doctrines and statutes often exist to protect dealers across a wide range of sectors, and these can greatly influence business operations and relationships.

Thrift McLemore provides strategic, tailored solutions for both franchised and licensed dealerships, addressing customer-related legal matters and broader commercial challenges to protect and advance our clients’ business interests.

Common Franchise and Dealership Disputes

Common franchise and dealership disputes we handle include:

  • A sales customer is trying to back out of a signed deal even though the dealer complied with Regulation Z.
  • Missing binding arbitration provisions or comprehensive release language in sales or service documents.
  • Lawsuits involving the Lemon Law.
  • A customer is refusing to pay all or part of a service bill by wrongly claiming the work is covered under warranty.
  • Missing critical sales documents, such as the Binding Delivery Agreement.
  • Receiving notices from the Department of Consumer Affairs, the state attorney general’s office, or similar agencies.
  • Customers posting defamatory or false information online.
  • Standard consumer settlement documents are missing comprehensive release language or enforceable liquidated damages clauses.
  • Using improper or unenforceable disclaimer language.
  • Claims filed with the Division of Motor Vehicles.
  • Customers are demanding a lower price found online, either before or after a purchase.
  • Outdated or incorrect references to state or federal statutes, laws, or regulations.
  • Complaints filed with the BBB, NFIB, or other organizations.
  • Customers alleging that a Sales or F&I employee misrepresented or failed to disclose a fact, often minor, and are threatening legal action.
  • A dealership is failing to record the F&I sales and signing process.
  • Attempting to repossess a vehicle after financing is denied without providing proper notice to the customer.

 

An experienced franchise and dealership attorney can help you address these issues quickly, protect your legal rights, and reduce the risk of costly disputes in the future.


Have a Question?

Have a legal question about Franchise and Dealership Law? Call us at (678) 882-0830.

Legal Services Offered

Thrift McLemore has been recognized as a leader in dealership customer dispute resolution and consumer issue management. Our team of highly capable attorneys is each committed to providing the best outcome to our clients through the application of creative problem solving paired with rational solutions. Our aim is to always think outside the box, while ensuring that every legal approach is attainable and meets our client’s individuals needs and best interests.

When it comes to franchise and dealership law, many firms may choose to focus their efforts on only one side of the distribution channel, but at Thrift McLemore, we believe that every client is deserving of our full attention and quality representation. Since our focus is broader in range, our attorneys have been able to litigate for and consult across a wide number of industries and client needs. This has allowed us to draw on our knowledge from all sides of franchise, dealership and distribution law to effectively advocate and represent our clients no matter their position in the distribution channel.

Through unique legal solutions and exceptional industry experience, Thrift McLemore (1) reduces dealership liability exposure; (2) improves dealership profitability; (3) defends the dealership “public domain”; (4) ensures compliance with government and agency consumer laws and regulations; (5) strengthens relationships between dealerships and consumer agencies; and (6) manages traditional dealership legal matters.

Thrift McLemore also has specific legal experience in the following areas:

  • Customer sales disputes (deals that have “gone south”)
  • Customer service disputes, warranty issues, reputation issues
  • Government agency inquiries
  • Administrative agency inquiries
  • Removing unwanted information from the Internet and other media outlets (cease and desist letters)
  • BBB and NFIB inquiries
  • Truth in Lending Act/Regulation Z
  • DMV complaints
  • Consumer affairs matters
  • Fair Credit Reporting Act
  • Small claims hearings
  • Consumer advertising compliance
  • Warranty parts reimbursement
  • Identity theft detection and prevention
  • Fair and Accurate Credit Transactions Act (Red Flags Rule)
  • Fair Debt Collection Practices Act
  • Vehicle sales and finance practices
  • Consumer Leasing Act/Regulation M
  • F&I compliance, including Gramm-Leach-Bliley Act (information sharing and FTC’s Privacy and Safeguards Rules)
  • Equal Credit Opportunity Act/Regulation B
  • Lemon Law defense
  • Consumer leasing agreement
  • FTC inquiries

One of the aspects of our firm that makes us unique is that we work tirelessly to keep our legal rates low for our clients while still maintaining high quality services and exceptional outcomes. We believe that our client’s success in business is directly linked to our own success and each and every case is approached by first learning the background of our clients, their current issues and their future goals. This allows us to provide legal counsel and develop plans of action that are in line with what our clients want in the long-term, rather than simply solving the problem currently presented.

We also encourage our clients to use us “early and often”—and while that might sound more expensive in the long-run, keeping our dedicated team up to date leads to fewer complications and confusion later on, which can often run up costs and result in rushed decision making on the part of the client.

By using us early and often, costs are reduced by needing fewer hours to get up to date on the case, we’re able to work with our clients to develop a plan early on in the process so that budget and time constraints are met from start to finish, and we can give each client the time and attention they deserve.

The sooner we’re involved, the better.

Rather than looking at our firm as an emergency resource, bringing us in as an extension of your business can reduce risk, improve operations and ensure that all of your legal bases are covered to protect your interests in the short and long-term.

For more information on our franchise and dealership legal services, contact us directly.

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Atlanta

  • 1000 Parkwood Cir. SE, Ste. 950 Atlanta, GA 30339

  • Tel: (678) 882-0830
  • Fax: (678) 623-5872

Macon

  • 5400 Riverside Drive, Ste. 103 Macon, GA 31210

  • Tel: (478) 663-9664
  • Fax: (678) 623-5872

Fort Lauderdale

  • 501 East Las Olas Blvd., Ste. 200 Ft. Lauderdale, FL 33301

  • Tel: (954) 281-5578
  • Fax: (954) 281-5568

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