Dealer-Side Add-On and Fee Compliance After the 2026 Orders: Rebuilding the Consent File and Answering Regulators

Alex Kurkin
Alex Kurkin
Kurkin Forehand Brandes LLP

Alex Kurkin advises auto dealerships and other businesses in tightly regulated industries on complex contracts, real estate, and commercial litigation. He reviews dealers’ customer sales and lease agreements to head off legal challenges, and he represents clients both when they are sued and when litigation on their behalf becomes unavoidable.

Christopher J. Capurso
Christopher J. Capurso
Troutman Pepper Locke

Christopher J. Capurso counsel’s clients in the automotive retail and auto finance industries on federal and state consumer financial services law. From Troutman Pepper Locke’s Richmond office, he advises motor vehicle dealers, banks, captives, and sales finance companies on building and maintaining vehicle financing and leasing programs, and he co-hosts Moving the Metal: The Auto Finance Podcast.

Live Video-Broadcast: November 30, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

Changing the ad copy is not a cure if the desk still prices the same way

In 2026, the FTC entered orders against dealers including Lindsay, Greenway, and Chase Nissan. The New York Attorney General reached an assurance with DARCARS, and California’s CARS Act took effect. Together they raised the bar for how auto dealers disclose add-on products and fees and obtain consent for them. Regulators now test advertised prices against the contracts dealers sign.

Advertising a price the desk does not honor, and staff will match listings to deals. Print a statutory label on a pre-printed fee line, and DARCARS shows that is not consent. Treat compliance as a store-level problem, and the Chase Nissan managers suspended judgments show individual exposure. Fix the ad copy but not the desk, and Greenway shows that gets pleaded too.

You walk out with an annotated election form, a fee classification checklist, a response decision tree, and a sampling memo template. You learn to run a privileged look-back sample and decide when an early refund helps. These are dealer-side judgment calls the orders do not make for you.

Key topics to be discussed:

  • Price Advertising Rules
    How dealer price advertising must present the total price, and which advertised-price practices the 2026 orders treat as deceptive.
  • Fee Classification and Sampling
    How a regulator’s transaction sample tests advertised prices against contracts, and how to classify each fee line as government, dealer-imposed, or optional.
  • Express, Informed Consent
    How the add-on election form and menu and e-contracting configuration document express, informed consent for every add-on product and fee.
  • Triage and the Record
    How to read what an FTC warning letter or civil investigative demand actually reaches, and what staff pull first to build the record.
  • Look-Back and Refunds
    How to run a privileged look-back sample and decide whether a dealer group should refund now or wait.
  • Cure and Order Terms
    How to put a credible cure on the record, negotiate order terms and individual exposure, and write the compliance report from the consent file.

This course is co-sponsored with myLawCLE.

Date / Time: November 30, 2026

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

Closed-captioning available

Speakers

Alex Kurkin, Partner | Kurkin Forehand Brandes LLP

Alex Kurkin advises auto dealerships and other businesses in tightly regulated industries on complex contracts, real estate, and commercial litigation. He reviews dealers’ customer sales and lease agreements to head off legal challenges, and he represents clients both when they are sued and when litigation on their behalf becomes unavoidable. He practices from Kurkin Forehand Brandes LLP’s Aventura, Florida office.

  • Education & Credentials

He earned his J.D. from the University of Florida Levin College of Law in 1991 and his bachelor’s degree in accounting from the University of Florida in 1989. He was admitted to The Florida Bar in 1991.

  • Recognition & Leadership

He serves as legal counsel to the Florida Automobile Dealers Association and sits on the board of the Miami Mayor’s International Council. He was named to the South Florida Legal Guide’s Top Lawyers (2010–2011) and Florida Trend’s Legal Elite (2008).

  • Professional Involvement

He is a member of The Florida Bar and an affiliate member of the Florida Automobile Dealers Association. He performs pro bono work through the Miami-Dade Bar Association’s “Put Something Back” program, is a founding member and board member of the Miami Beach Health Foundation, and coaches’ youth football with Miami-Dade Xtreme in the Orange Bowl Youth Football Alliance.

  • Experience

Over more than three decades of practice, he has counseled dealerships on the terms of their customer sales and lease agreements and defended them when those agreements are challenged. His practice spans contract law, commercial real estate, and commercial litigation.

 

Christopher J. Capurso, Counsel | Troutman Pepper Locke

Christopher J. Capurso counsel’s clients in the automotive retail and auto finance industries on federal and state consumer financial services law. From Troutman Pepper Locke’s Richmond office, he advises motor vehicle dealers, banks, captives, and sales finance companies on building and maintaining vehicle financing and leasing programs, and he co-hosts Moving the Metal: The Auto Finance Podcast.

  • Education & Credentials

He earned his J.D. from William & Mary Law School in 2016, where he was senior articles editor of the William & Mary Business Law Review, and his M.B.A. from the College of William & Mary’s Raymond A. Mason School of Business the same year. He also holds a B.M., summa cum laude, from the State University of New York at Potsdam Crane School of Music (2012). He is admitted in Virginia.

  • Recognition & Leadership

Best Lawyers in America has named him one of its “Ones to Watch” for Banking and Finance Law (2024–2027) and for Litigation – Banking and Finance (2026–2027), and he received a 2026 JD Supra Readers’ Choice Award in Transportation. He serves as vice chair of the Personal Property Financing Subcommittee of the American Bar Association Business Law Section’s Consumer Financial Services Committee.

  • Professional Involvement

He speaks often on dealer advertising and auto finance enforcement, including “FTC & Dealer Advertising Updates: Key Legal and Compliance Risks” at the Association of Consumer Vehicle Lessors’ 2026 Annual Conference, and on programs for the ABA Business Law Section, the Online Lenders Alliance, and the National Consumer Reporting Association. On Moving the Metal: The Auto Finance Podcast, he has covered the FTC’s dealer warning letters, the FTC and Connecticut’s joint junk-fee action, and California’s CARS Act, and he co-authored a 2026 inside ARM article on a New York Attorney General settlement over dealer fees and add-on products. He also sits on the SUNY Potsdam Business Administration Advisory Council.

  • Experience

He has advised clients in regulatory examinations involving ancillary products in vehicle finance transactions, helped develop a subscription-based vehicle service contract program, and served a part-time secondment as corporate counsel to the nation’s largest used motor vehicle retailer. He regularly counsel’s banks, credit unions, installment lenders, sales finance companies, and motor vehicle dealers on Virginia law. His broader practice covers compliance under the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and E-SIGN for point-of-sale, fintech, and other consumer credit programs.

Agenda

SESSION 1 – Motor Vehicle Dealer Advertising and Add-On Product Requirements: Creating a Compliant Process from Start to Finish | Christopher J. Capurso | 12:00pm – 1:00pm

You would teach dealer-side counsel how to rebuild a dealer’s add-on and fee consent file from the first written pencil through the retail installment contract, using the CARS Act, the Greenway and Chase Nissan orders and the DARCARS assurance. The hour covers fee-line classification, an annotated election form, menu and e-contracting decline logs, the lender-required rule and attach-rate triggers. Your experience drafting F&I menus and RIC forms and finding the configuration errors that produce a bad record, is what attendees cannot get elsewhere.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Answering an FTC Warning Letter or AG Investigation Over Dealer Add-Ons and Fees | Alex Kurkin | 1:10pm – 2:10pm

You would teach dealer-side counsel how to take a dealer group from an FTC warning letter or state AG demand to a resolution it can live with. The hour covers triage, privileged look-back sampling, the decision to refund early, putting a credible cure on the record, and which order terms from Lindsay, Greenway, Chase Nissan and DARCARS still move. This profile fits a dealer regulatory defense attorney who has personally run these investigations and can say what staff pulled first and which responses close matters.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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