Defending Consumer Finance Claims in 2026: Auto Finance Litigation and the Consumer Arbitration Battleground

James S. Sifers
James S. Sifers
Madison Law, APC

James Sifers has been admitted since 2008 and now serves as a Director of Madison Law, APC. Since joining the firm, Mr. Sifers has successfully litigated hundreds of cases to conclusion before arbitrators, judges, and juries in both state and federal courts.

Jacob A. Pace
Jacob A. Pace
Madison Law, APC

Jacob A. Pace has been with Madison Law, APC since 2022, first as a law clerk and now as an associate attorney.

Live Video-Broadcast: December 3, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

Federal enforcement is pulling back, and state regulators and private plaintiffs are filling the gap

Dealers, lenders, and assignees face claims over disclosures, add-on products, credit reporting, and repossession. Federal enforcement priorities are shifting, and state attorneys general, regulators, and private plaintiffs are stepping in. Nearly every consumer finance contract now includes an arbitration clause.

Buy a contract from a dealer, and the Holder Rule can make you answer for the dealer’s misconduct. Sell GAP or service contracts, and junk-fee claims follow even after the Fifth Circuit vacated the FTC’s CARS Rule. Skip a UCC Article 9 notice step, and wrongful repossession exposure follows. Litigate too long before moving to compel, and Morgan v. Sundance can cost you the right to arbitrate.

You walk out with a framework for the claims most often brought against dealers, lenders, and assignees and the defenses that work. You learn how recent Supreme Court decisions shape motions to compel, waiver, and stays. You leave ready to prepare, present, and protect a case before an arbitrator. You also learn to decide case by case whether a court or an arbitrator better serves the defense.

Key topics to be discussed:

  • Holder Rule Liability
    How the Holder Rule makes assignees answer for dealer misconduct, how the recovery cap and attorney-fee fights play out, and how repurchase demands and indemnity provisions allocate liability.
  • Disclosure and Add-On Claims
    How to defend Truth in Lending and Equal Credit Opportunity Act claims over disclosure errors and dealer markup, and junk-fee claims over GAP and service contracts after the CARS Rule was vacated.
  • Reporting, Repossession, Enforcement
    How Fair Credit Reporting Act furnisher duty, UCC Article 9 notice and sale requirements, and the rise of state attorneys general and regulators change risk for finance companies.
  • Compelling Arbitration
    How delegation clauses, assignee and no signatory enforcement, Coinbase v. Suski, and Morgan v. Sundance decide whether a motion to compel successes or the right is waived.
  • Stays, Forum Rules, Fees
    How mandatory stays under Smith v. Spizzirri, automatic stays under Coinbase v. Bielski, and AAA and JAMS consumer rules shape fee allocation and unconscionability challenges.
  • Winning Before the Arbitrator
    How to try a case to an arbitrator, confirm the award and defend it against vacatur, and decide case by case whether arbitration or court better serves the defense.

This course is co-sponsored with myLawCLE.

Date / Time: December 3, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:30 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

James S. Sifers, Director & Partner | Madison Law, APC

James Sifers has been admitted since 2008 and now serves as a Director of Madison Law, APC. Since joining the firm, Mr. Sifers has successfully litigated hundreds of cases to conclusion before arbitrators, judges, and juries in both state and federal courts. Mr. Sifers’ has litigated over 50 trials to judgment—including several jury trials—and more than 150 arbitrations to award. Mr. Sifers’ practice focuses on business litigation, and specifically consumer defense, particularly in the automotive field; as well as real estate matters.

  • Education & Credentials

Mr. Sifers completed his undergraduate studies at Chico State University, where he earned his Bachelor of Arts in Political Science with a minor in History. Subsequently, Mr. Sifers attended Western State College of Law, where he wrote for the school’s Law Review. Mr. Sifers earned his Juris Doctor in 2008.

Mr. Sifers is admitted to practice before the United States Supreme Court, California Supreme Court and the United States District Court for the Central, Eastern, and Southern Districts of California.

  • Recognition & Leadership

He served as Chair of the OCBA Business Litigation Section in 2022. Mr. Sifers has been selected by “Super Lawyers” as a Top Rated Business Litigation Attorney in Irvine and has been voted a California Rising Star from 2017-2023.

  • Professional Involvement

Mr. Sifers is a licensed California real estate broker (DRE No. 01862368), a member of the Orange County Bar Association, the Association of Business Trial Lawyers, and the California Financial Services Association. Additionally, Mr. Sifers has been a guest speaker at several conferences and written several articles regarding issues in consumer litigation.

  • Experience

Mr. Sifers has served as a Director of Madison Law, APC, since 2010, where much of his practice is defending automobile dealers and auto finance companies against consumer protection claims. He is part of the firm’s consumer law, auto, and finance practice, which has defended thousands of cases for dealers, finance companies, insurers, and other businesses across California. His federal docket includes consumer credit and auto finance matters in the Central, Eastern, and Southern Districts of California, among them a 2026 consumer credit case involving Westlake Financial Services. He also counsel’s dealers, banks, and finance companies on compliance, including the obligations California’s CARS Act (SB 766) imposes beginning October 1, 2026, and has written for the firm on that law and on a dealer’s duty to inspect vehicles before sale.

 

Jacob A. Pace, Associate Attorney | Madison Law, APC

Jacob A. Pace has been with Madison Law, APC since 2022, first as a law clerk and now as an associate attorney.

  • Education & Credentials

Mr. Pace completed his undergraduate studies at Chapman University where he earned his Bachelor of Science in Business Administration with an emphasis in Finance. During undergrad, Mr. Pace completed internships at CoreLogic, Target, and Experian.

Mr. Pace earned his Juris Doctor from Chapman University, Fowler School of Law. He received CALI Awards (Highest Grade Awards) in Practice Foundations: Transactions, and Practice Foundations: Civil, and was a dedicated member of the Chapman Mock Trial team.

Mr. Pace is admitted to practice before the California Supreme Court and the United States District Court for the Central, Northern, and Southern Districts of California.

  • Recognition & Leadership

Chapman University’s Argyros College of Business and Economics profiled Mr. Pace in its 2024 alumni spotlight series, which traced his path from finance to business litigation.

  • Professional Involvement

Mr. Pace writes for Madison Law on issues facing business and consumer finance clients. His work includes an August 2025 analysis of the California Supreme Court’s ruling on the 30-day deadline for paying consumer arbitration fees and what it means for businesses and employers. He has also written on how wrongfully filed UCC and judgment liens disrupt California businesses and the legal strategies for removing them from the Secretary of State’s records.

  • Experience

Mr. Pace joined Madison Law as a law clerk during his second year of law school and now practices as an associate in civil, consumer, and business litigation, along with malpractice matters. He works within the firm’s consumer law, auto, and finance practice, which defends automobile dealers, finance companies, and insurers in consumer protection litigation across California. He brings his finance training to that work, applying a business background to the commercial and consumer disputes he handles.

Agenda

SESSION 1 – Driving Liability: Defending Auto Finance and Consumer Credit Claims Under Federal Law and the Holder Rule | James S. Sifers & Jacob A. Pace | 2:30pm – 3:30pm

Dealers, lenders, and assignees face claims over disclosures, add-on products, credit reporting, and repossession. With federal enforcement priorities shifting and state regulators and private plaintiffs filling the gap, this session covers the claims most often brought against dealers and finance companies, the defenses that work, and how liability is divided between the dealer and the lender that buys the contract.

BREAK | 3:30pm – 3:40pm

SESSION 2 – From Motion to Compel to Award: Winning Consumer Arbitrations in a Shifting Legal Landscape | James S. Sifers & Jacob A. Pace | 3:40pm – 4:40pm

Arbitration clauses appear in nearly every consumer finance contract, but enforcing them and then winning in arbitration takes different skills from court litigation. Drawing on extensive experience trying consumer cases to award, this session covers how recent Supreme Court decisions affect motions to compel, how to avoid waiving the right to arbitrate, and how to prepare, present, and protect a case before an arbitrator.

Credits

Alaska

Approved for CLE Credits
2 General

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

Approved for CLE Credits
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

Approved for CLE Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

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2 General

Virginia

Not Eligible
2 General Hours

Vermont

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2 General

Washington

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2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
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2 General

West Virginia

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2.4 General

Wyoming

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