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In Digital Recognition Network, Inc. v. Hutchinson, 2015 WL 5933168, at *1 (C.A.8 (Ark.),2015), the Court of Appeals for the 8th Circuit held that  Digital Recognition Network and Vigilant Solutions lack standing to sue the Arkansas Attorney General and Governor to enjoin enforcement of the Arkansas Automatic License Plate Reader System Act, Ark.Code § 12–12–1801 et seq., which prohibited -- and… Read More

In Clark v. C.I.R., 2015 WL 5243760, at *2 (U.S.Tax Ct.,2015), Judge Cohen held that an automobile finance company's charge-off of a post-repossession deficiency was taxable income to a debtor.  The facts were as follows, and were not uncommon. Petitioner resided in California when she filed her petition.  On December 22, 1999, petitioner entered into a retail installment contract with an… Read More

August 25, 2015 2015 Marks the 70th Anniversary of Severson & Werson “To be trusted as “Counselor” to our clients - that is what it's all about.” James B. Werson We at Severson & Werson are both proud and humbled to celebrate our 70th Anniversary as a firm of Counselors at Law - providing consistent, reliable, unwavering support to those… Read More

Today, we made our 1,000th post, demonstrating the weblog's longevity and continuity, as well as the Firm's commitment to keeping the consumer finance industry properly informed of legal developments in disclosure laws, the FDCPA, the FCRA, and the TCPA.  What started as an electronic form-file has developed into an extensive, specialized research tool for industry.  Thank you for constantly taking… Read More

The FTC announced today that nine auto dealers agreed to settle deceptive advertising charges, and the agency is taking action against a 10th dealer, in a nationwide sweep focusing on the sale, financing, and leasing of motor vehicles.  As to California dealers, the FTC announced: Casino Auto Sales of La Puente, Calif., and Rainbow Auto Sales, of South Gate, Calif., allegedly… Read More

In Colonia Chevrolet v. US, Alley's of Kingsport, Inc. v. US, and Spitzer Motor City, Inc. v. US, the Unitied States Court of Federal Claims allowed a Fifth Amendment takings case filed by former GM and Chrysler car dealers against the US Government to proceed past the pleading stage.   The car dealers theorized that the United States imposed its vision… Read More

With the FTC supporting federal legislation to regulate automobile finance, and the government's involvment in private automobile manufacturers, economists for the Obama Administration's Antitrust Division of the Department of Justice are evaluating the effects of state law prohibitions on direct automobile sales to consumers by manufacturers.  Economic Effects of State Bans on Direct Manufacturer Sales (5/09) Read More

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