Protect Your Vehicle & Your Rights

Deceptive loan terms and wrongful repossessions shouldn’t run you off the road. We help Utah consumers hold auto lenders accountable and resolve deficiency disputes.

Facing Collection Efforts from Driveway Finance Corporation in Utah? Know Your Rights.

If you are dealing with aggressive collection tactics, repossession threats, or an unexpected deficiency balance from Driveway Finance Corporation, you are not alone. Navigating the complexities of auto financing in Utah requires a strategic approach rooted in state and federal law. At Cannon Legal PLLC, our experienced attorneys focus on protecting Utah consumers against unfair lending practices and procedural errors in auto debt collection.

When a creditor seeks to hold you liable for a vehicle debt, they must strictly adhere to the law. Whether you are dealing with “yo-yo” financing disputes, hidden fees, or improper repossession, we aim to hold creditors accountable for their legal obligations.

Common Auto Financing Disputes in Utah

Many consumers find themselves in difficult positions due to predatory lending practices or failures in the financing process. We investigate several key areas to build a robust defense:

Hidden Fees and TILA Violations

Dealers often pack financing agreements with unwanted products, such as GAP insurance, service contracts, or VIN etching, without clear, conspicuous disclosure. We review your contract to ensure compliance with the Federal Truth in Lending Act (TILA). If your contract fails to accurately disclose the Annual Percentage Rate (APR) or the total cost of financing, it may create grounds for a significant legal challenge.

The “Yo-Yo” Financing Trap

If a dealer allowed you to drive off the lot only to call you back days later claiming “financing fell through” to pressure you into a contract with a higher interest rate, you may have been a victim of “yo-yo” financing. This practice often violates the Utah Consumer Sales Practices Act, which prohibits deceptive and unconscionable acts in consumer transactions.

Wrongful Repossession and Article 9 Requirements

Under UCC Article 9, a creditor must follow strict procedures during repossession. Repo agents are prohibited from “breaching the peace,” which includes using physical force, making threats, or ignoring a clear, peaceful objection. Furthermore, after repossessing a vehicle, the lender must send a legally required Notification of Sale and must sell the vehicle in a “commercially reasonable” manner before pursuing a deficiency balance. If they fail to meet these statutory requirements, their right to collect a deficiency may be barred.

Cannon Legal Insight: Never assume a creditor’s calculation of a deficiency balance is correct. We routinely demand proof of sale, itemization of costs, and verification that the sale price was commercially reasonable under Utah law.

How Cannon Legal PLLC Protects Utah Consumers

Our firm provides aggressive legal strategies for those facing auto issues. We utilize several tools to level the playing field:

  • Contract Analysis: We hunt for forged income documentation, misrepresented terms, and prohibited fee packing.
  • Arbitration Defense: If your contract contains a forced arbitration clause, we evaluate your options to opt out or navigate the arbitration process effectively.
  • Debt Collection Defense: We fight back against FDCPA violations, including harassment, false statements, and illegal collection attempts.
  • Affirmative Litigation: In many cases, we utilize state and federal fee-shifting provisions, allowing us to pursue affirmative lawsuits against creditors for their violations, which can help offset the costs of legal representation.

Learn more about Cannon Legal PLLC and how our experienced team can assist you in challenging unlawful debt claims.

Creditor Contact Information

If you are communicating with Driveway Finance Corporation, keep a detailed record of every interaction. Their contact details are as follows:

Schedule your free phone consultation today