About The Consumer Law Office of Steve Hofer

Steve Hofer has been practicing consumer law in Indiana for more than 20 years. He is a former Indiana State Chairperson of the National Association of Consumer Advocates, a national organization of attorneys striving for fairness in the consumer marketplace. Contact me by phone at 317-662-4529 or via email at hoferlawindyATgmail.com. You can also leave a message through my website at www.hoferlawindy.com.

Friday, February 21, 2020

An Exhausting time from Nextgear Settlements

Keith Hagan and I have had a crazy time dealing with a rush of summary judgment motions filed by Nextgear Capital, Inc. and hammering out settlements where-ever and however possible.  Luckily Nexgear's inside and outside counsel are ladies and gentlemen of honor, and they have been flexible with agreeing to extensions while we work things ut; otherwise we wouldn't get half these deals done, and it would cost our clients a lot more money.

Thursday, February 6, 2020

Encouraging results in Nextgear Cases

We have had encouraging results lately in settling cases where Nextgear Capital Corporation sued our clients.  Nextgear filed summary judgment motions in over 40 of our cases in October and November 2019, and since that time we have been systematically trying to resolve these cases, and we've gotten through most of them. Quite frankly in more than one case that I thought our client would have no choice but bankruptcy we were able to work out a deal. 

Of course, not every case can be settled, and not every case should be settled.  We really do try to get to a win-win solution though.  Part of the credit for completing the recent rash of settlements, quite frankly, needs to go to Nextgear's litigation team.  They have shown flexibility in customizing deals to the situations our individual dealers find themselves in.  If they had taken a hard line in these cases, I think 90% of our clients would have had no choice but bankruptcy or an adverse judgment. 

The bottom line is that if you are sued by Nextgear or another floorplan lender in Indiana, even if you think your situation is hopeless, give us a call at 317-662-4529. 

Have you been sued by Automotive Finance Corporation in Indiana?

We have noticed an uptick in lawsuits by Automotive Finance Corporation (AFC) against dealers on floorplan loans here in our home state of Indiana. Over the past few years, we have handled more than a hundred floorplan lawsuits by Nextgear, but just a few by AFC. The reason was Nextgear has rather consistently filed about a hundred cases a month.  AFC, generally filed less than a tenth of that, at least until recent months that is.  Since last fall, AFC seems to have increased the number of cases it files in Indiana. 

If you are looking for an Indiana attorney who is experienced in Floorplan litigation, whether you have been sued by Nextgear, or AFC, or Carbucks, Westlake Flooring, Floorplan Express (Xpress), Auction Credit, City Auto Finance, Auto Use, or any other company, please call us at 317-662-4529.   

Have you had Self-driving or other Features removed from your Used Tesla?

Here's an interesting article on the Jalopnik site, describing the experience of a reader who bought a used Tesla Model S from a dealer who bought it from Tesla itself. According to the article, the vehicle was supposed to have Self-driving feature (including Auto Summon), as these features were included on the window sticker when sold to the dealer, and when the dealer sold the car to the consumer. When the consumer had the Tesla system serviced by the Tesla Dealer, the self-driving capability was deleted, with Tesla telling the buyer that that feature was not paid for. 

The article suggests that this is happening to other buyers.  If this happened to you, please email me, or call me at 317-662-4529.  You can even post a comment to this post.  I'd love to hear from you.  (Note, I'm not a Tesla-hater. I like the cars, but I do think everybody should get what they pay for,)




https://jalopnik.com/tesla-remotely-removes-autopilot-features-from-customer-1841472617