Auto lender & finance company defense attorney in Florida
Defense of banks, credit unions, sales-finance companies, related finance companies, and buy-here-pay-here lenders in wrongful repossession, FCCPA, TILA, FCRA, holder-rule, and deficiency litigation across Florida — and recovery of what they are owed.
Consumer-credit claims we defend for lenders
- Wrongful repossession and breach-of-peace claims under § 679.609
- UCC Article 9 notice and commercially reasonable disposition claims (§§ 679.610–679.616) and deficiency counterclaims
- Florida Consumer Collection Practices Act (§ 559.72) and FDCPA claims
- Truth in Lending Act and Regulation Z disclosure claims on retail installment sales contracts
- Fair Credit Reporting Act furnisher claims under § 1681s-2(b): dispute handling, reinvestigation, and ACDV response
- FTC Holder Rule and assignee-liability claims that follow the dealer’s conduct to the lender
- GAP, service-contract, and ancillary-product refund claims
- TCPA, auto-dialer, and text-message collection claims
Assignee exposure and the dealer relationship
When a consumer sues a dealer, the finance company is frequently named alongside it under the Holder Rule or on a theory that the lender participated in the deal. We evaluate that exposure early, coordinate with dealer counsel where interests align, separate the lender’s position where they do not, and pursue repurchase and indemnification rights under the dealer agreement when the dealer’s conduct caused the claim.
Furnisher disputes
FCRA claims against auto lenders turn on what happened after the consumer disputed the tradeline. We reconstruct the ACDV and dispute history, evaluate whether the reinvestigation met the statutory standard, and defend or resolve accordingly.
Affirmative work for lenders
Deficiency balances and replevin
Florida’s UCC notice requirements are technical, and a defective post-repossession notice can eliminate a deficiency and create statutory damages. We pursue deficiency balances with notices that hold up, and we file replevin actions when the collateral has to be recovered through the court. Collections & recovery →
Repurchase demands, collateral swaps, and indemnification
When a deal goes bad, the dealer agreement decides who absorbs it. We enforce repurchase and buyback provisions, resolve collateral swap and substitution disputes, and pursue indemnification against dealers whose conduct produced the claim. Dealer–lender disputes →
Title and lien failures
A lien that never got recorded is a lender problem the moment the car is totaled, sold, or exported. We handle the buy-back and the recovery. Title & lien problems →
Frequently asked questions
A borrower is suing our finance company for wrongful repossession in Florida. What is the exposure?
Under Florida’s UCC (§ 679.609 and § 679.625), a repossession that breaches the peace or a defective post-repossession notice can expose the lender to actual damages, statutory damages tied to the finance charge and principal, and loss of the deficiency. Early evaluation of the repossession file and the notices sent decides the strategy.
What is the FTC Holder Rule and why is our company named in a lawsuit against the dealer?
The Holder Rule notice in every consumer retail installment contract makes the assignee subject to the claims and defenses the buyer could assert against the dealer, up to the amount paid under the contract. That is why lenders are routinely named alongside dealers in FDUTPA and fraud cases. The lender’s exposure is capped, and the dealer agreement usually provides for repurchase or indemnification.
Do you handle FCRA lawsuits against auto lenders?
Yes. Furnisher claims under § 1681s-2(b) — alleging that the lender failed to reasonably reinvestigate a disputed tradeline — are among the most common claims against auto lenders, and we defend them in federal court across Florida.
Do you represent buy-here-pay-here lenders and related finance companies?
Yes. BHPH operators and their related finance companies are dealer and lender at once, and we handle both sides: consumer claims, OFR licensing, repossession compliance, and collections.
Named in a consumer suit, or facing a counterclaim on a deficiency action?
Early evaluation of assignee and fee exposure is where these cases are won or lost. Send us the complaint.