Defending Auto, RV, and Powersports Dealers in Consumer Fraud and Lemon Law Claims

Auto dealers operate in one of the most heavily regulated and closely scrutinized consumer markets in the country. A single unhappy customer—or a single set of retail documents used thousands of times—can trigger individual lawsuits, class actions, or investigations by the Illinois Attorney General.

DiTommaso Lubin, P.C. defends automobile, RV, motorcycle, boat, and airplane dealers against consumer-fraud, lemon-law, and warranty claims in Illinois and beyond. Our distinctive advantage: we also prosecute auto-fraud and consumer-fraud cases on behalf of consumers, so we know the plaintiffs’ playbook from the inside.

A Defense Team That Knows the Other Side

For decades, our lawyers have brought individual and class-action suits involving certified-used-car and CPO fraud, flood vehicles, rebuilt wrecks, odometer rollback, and other auto-fraud schemes. We have tried auto-fraud cases through verdict and handled appeals, including cases involving punitive damages and emotional-distress awards, and litigated lemon-law and warranty cases under Illinois law and the Magnuson-Moss Warranty Act for both consumers and businesses.

When we defend dealers, we draw on that plaintiff-side experience to anticipate the other side’s tactics, attack their theories, and position your case for dismissal, favorable settlement, or trial.

Defending Individual Lawsuits by Consumers

We defend dealerships and dealer groups in individual actions alleging misrepresentation or omission of prior damage, structural repairs, or title issues; sale of flood vehicles or rebuilt wrecks as “certified” or “like new” vehicles; bait-and-switch advertising and yo-yo financing; misstatements regarding optional equipment, service contracts, or extended warranties; improper “as-is” disclosures and warranty disclaimers; and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and related statutes.

We evaluate liability, damages, and fee-shifting exposure early, help coordinate with insurers and manufacturers, and look for opportunities to resolve disputes efficiently while protecting your reputation.

Class Action Defense for Dealers

DiTommaso Lubin’s attorneys have defended companies in high-stakes class actions, including “bet-the-company” cases involving extremely large alleged damages. We also have prosecuted class actions for many years. That dual experience is especially valuable when class claims target standardized sales or lease agreements; add-on products and F&I practices; uniform disclosures (or alleged lack of disclosures) about prior damage, open recalls, or vehicle history; and alleged systemic violations of state consumer-fraud statutes, lemon-law provisions, or warranty laws.

Lemon Law and Warranty Defense

Our Automotive Dealer Law Practice Group regularly advises and defends dealers, manufacturers, and distributor entities in lemon-law and warranty disputes involving new-vehicle lemon-law claims; used-vehicle warranty and certified-pre-owned issues; and Magnuson-Moss warranty and UCC claims for repair, refund, or revocation of acceptance. Because we also prosecute lemon-law cases on behalf of consumers, we know which vehicle histories, repair patterns, and document gaps plaintiffs’ lawyers will focus on—and how to address those issues in discovery and at trial.

Coordinating With Attorney General and Regulatory Matters

Consumer lawsuits often overlap with investigations by the Illinois Attorney General or other regulators. Our team defends businesses in Attorney General consumer-fraud matters and can help dealerships respond consistently across regulatory and court proceedings.

Talk With Our Consumer-Fraud Defense Team for Dealers

If your dealership or dealership group has been sued by a customer or named in a consumer-fraud or lemon-law class action, contact attorney Peter S. Lubin or attorney James V. DiTommaso for a free consultation.

Call 630-333-0333 or use our online contact form to speak with our Automotive Dealer Law Practice Group.

This page is for informational purposes only and does not constitute legal advice. Contacting us does not create an attorney–client relationship. Past results do not guarantee a similar outcome.