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Indirect Auto Lenders After the Credit Acceptance Multistate Judgment: Setting Affordability Lines and Redrafting Dealer Agreements

Forty-one attorneys general just set numeric affordability, pricing, and add-on terms for one subprime auto lender, and regulators will expect the same from yours. Decide whether to adopt the decree’s figures, run a privileged gap assessment, and redraft dealer agreements before the next investigation.

2026-11-30 12:00:00

Program Details

2026-11-30 12:00:00

2026-11-30 12:00:00

2h CLE Credits

2026-11-30 12:00:00

Program Details

2026-11-30 12:00:00

Program Details

2026-11-30 12:00:00

Over 1,000+ webinars

2026-11-30 12:00:00

Course Overview

A Consent Judgment That Binds One Lender Is Already Setting the Standard for the Rest

2026-11-30 12:00:00

On September 17, 2026, a 41-state coalition of attorneys general obtained a consent judgment against subprime auto lender Credit Acceptance. The decree sets numeric affordability, pricing, add-on product, and record-retention terms. Its terms bind only that company. The company itself says the decree gives industry participants greater clarity on regulatory expectations, and every indirect auto lender should read it that way.

Attorneys general will bring the decree’s “knew or should have known” affordability theory into the next civil investigative demand. Ignore the 109 percent cap and the 13 percent after-tax payment-to-income limit, and the decree becomes your client’s benchmark by default. Treat internal credit scores as neutral, and they become knowledge evidence. Leave the dealer agreement unchanged, and nothing carries the adopted terms to the point of sale. Ten states did not sign, and counsel need a posture toward each.

Attendees walk out with a privileged gap-assessment checklist keyed to decree paragraph and retention period, a redline clause set for the dealer agreement, and an outline for the adopt-or-build decision memo. Together they produce a reasoned position on which numbers to hard-code and which to monitor as policy, practitioner judgment that no summary of the judgment supplies.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The Decree as Baseline
How the coalition’s and the company’s public statements, and the decree’s sunsets, triggers, and staggered entry, set the clock your client is measured against.
02
Adopt or Build
How to decide whether a non-bound lender takes the 109 percent cap, the 13 percent after-tax payment-to-net-income line, and Score 56 by number or documents its own standard.
03
Privileged Model Review
How internal scores become “knew or should have known” evidence, and how to run the model review and gap assessment under privilege.
04
The Next Multistate CID
What attorneys general ask for first, how tolling, accrual, and committee dynamics play out, and how to posture toward the ten states that did not sign.
05
Program Gap Assessment
How to test a book against the para. 18 off-ramp tiers, para. 19 underwriting, para. 20-21 pricing controls, para. 22-25 add-on and tracking-device terms, and the retention stack, segment by segment.
06
Dealer Agreement Redraft
Which clauses carry adopted terms into the dealer agreement, and how to weigh dealer pushback against advance-rate trade-offs.

Program schedule

clock 12:00 pm - 1:00 pm EST

How State Attorneys General Will Use the 41-State Subprime Auto Judgment Against Other Lenders

This session examines the September 17, 2026 Credit Acceptance multistate judgment from the perspective of counsel for an indirect auto lender that did not sign it. Attorneys will learn how the coalition’s “knew or should have known” affordability theory, numeric terms, and sunset structure will be pressed in the next civil investigative demand or term sheet, how to structure a privileged model review, and how to set posture toward the Executive Committee states and the ten states that did not sign. Attendees will leave with a map of the decree’s terms sorted by clock and an outline for the memo deciding whether a non-bound client adopts the 109 percent cap and the 13 percent after-tax payment-to-net-income line by number or documents its own standard.

Rachel J. MyersRachel J. Myers
clock 1:10 pm - 2:10 pm EST

Gap-Assessing an Indirect Auto Program and Redrafting the Dealer Agreement for Affordability and Add-Ons

This session runs an indirect auto program against the numeric terms of the Credit Acceptance Final Judgment and Consent Decree, which does not bind the client but implements on a six-month clock. Attorneys will learn how to test a book against the para. 18 off-ramp tiers and para. 19 underwriting terms, the para. 20-21 pricing controls, the para. 22-25 add-on and tracking-device terms, and the stacked retention periods, and how to turn the terms a client adopts into system controls and enforceable dealer-agreement clauses. Attendees will leave with a privileged gap-assessment checklist keyed to paragraph and retention period, a redline clause set for the dealer agreement, and a reasoned position on which numbers to hard-code and which to leave as monitored policy.

Marci V. KawskiMarci V. Kawski
Marci V. Kawski

Marci V. Kawski

Husch Blackwell LLP

Rachel J. Myers

Rachel J. Myers

Husch Blackwell LLP

Marci V. Kawski

Marci V. Kawski

Husch Blackwell LLP

Marci V. Kawski is a Partner at Husch Blackwell LLP in Madison, Wisconsin, where she leads the firm’s national Consumer Financial Services practice. She counsels consumer finance providers across the country, including motor vehicle sales finance companies, installment lenders, banks, credit unions, fintechs, and online lenders, on compliance policies and procedures, complex compliance questions, and negotiations before state and federal regulators. She is especially well suited to this program: she leads a national practice serving motor vehicle sales finance companies, helped a sales finance company build its compliance management system, and has filed auto finance amicus briefs in the Fourth and Fifth Circuits, bringing the perspective of counsel who turns new regulatory expectations into lender controls.

Education & Credentials

Ms. Kawski received her J.D., cum laude, from the University of Wisconsin Law School, where she was a member of the Order of the Coif, and her B.A. with distinction from the University of Wisconsin-Madison. She is admitted in Wisconsin, before the federal district and bankruptcy courts in Wisconsin, the Fourth, Fifth, Seventh, and Eighth Circuits, and the U.S. Supreme Court.

Recognition & Leadership

Ms. Kawski is ranked by Chambers USA in Consumer Finance (Compliance), Nationwide (2024-2026), recommended by The Legal 500 United States (2024-2026), and named Highly Regarded by IFLR 1000 United States (2022-2025). She also served on the Wisconsin Judicial Commission (2022-2025).

Professional Involvement

Ms. Kawski is counsel to the Emerging Issues Subcommittee of the American Financial Services Association's Law Committee, Vice Chair of the Personal Property Financing Subcommittee of the ABA Consumer Financial Services Committee, legal advisor to the American Association of Consumer Vehicle Lessors, and a member of the Conference on Consumer Finance Law Governing Committee. She spoke on AI and dynamic pricing at the dealership at the 2026 ABA Business Law Fall Meeting.

Experience

Ms. Kawski helped a sales finance company develop its compliance management system and resolved state regulators' claims against a major credit union so it could keep operating its indirect lending program. She filed amicus briefs supporting the Fifth Circuit challenge that vacated the FTC's CARS Rule and the Fourth Circuit appeal confirming that vehicle financing with a GAP waiver is exempt from the Military Lending Act, and she prevailed before the Wisconsin Supreme Court in Security Finance v. Kirsch, which limited creditor liability under the Wisconsin Consumer Act.
Rachel J. Myers

Rachel J. Myers

Husch Blackwell LLP

Rachel J. Myers is an Associate in the Washington, D.C. office of Husch Blackwell LLP, where she represents banks, fintechs, and nonbank lenders, including auto finance companies and student loan servicers, in regulatory compliance, enforcement matters, and consumer financial services litigation. She represents clients during regulatory examinations and in investigations by federal regulators and state attorneys general. She is especially well suited to this program: she has counseled consumer financial services providers through investigations by the Consumer Financial Protection Bureau, the Federal Trade Commission, and the Pennsylvania and Massachusetts Attorneys General, and has helped auto finance clients prepare for and respond to examination findings, bringing the perspective of counsel who works directly with state enforcers and examiners.

Education & Credentials

Ms. Myers earned her J.D. and an M.A. from Indiana University and her B.A. from The College of Wooster. She is admitted to practice in the District of Columbia and New York. Before law school, she received a Fulbright grant to teach advanced English at a university in Russia, and she is proficient in Russian.

Recognition & Leadership

Ms. Myers chairs the AARP Legal Counsel for the Elderly Young Lawyers Alliance and regularly appears on the District of Columbia's Pro Bono Honor Roll. Her pro bono work includes winning a grant of asylum for a client in U.S. Immigration Court.

Professional Involvement

Ms. Myers is a member of the American Bar Association's Affordable Housing and Community Development Publications Committee, the District of Columbia Bar, and the New York State Bar Association. Earlier, she worked with the American Bar Association Rule of Law Initiative in its Middle East and North Africa Division on legal development and comparative law projects. Her recent writing addresses rising enforcement under the Servicemember Civil Relief Act.Ms. Myers is a member of the American Bar Association's Affordable Housing and Community Development Publications Committee, the District of Columbia Bar, and the New York State Bar Association. Earlier, she worked with the American Bar Association Rule of Law Initiative in its Middle East and North Africa Division on legal development and comparative law projects. Her recent writing addresses rising enforcement under the Servicemember Civil Relief Act.

Experience

Ms. Myers has represented consumer financial products and services providers in investigations by the CFPB, the FTC, the New York Department of Financial Services, and the Pennsylvania and Massachusetts Attorneys General, and has guided clients through CFPB and New York DFS examinations in the auto finance, consumer finance, and debt collection sectors. She advises lenders and servicers on the FDCPA, FCRA, ECOA, SCRA, and the UDAAP provisions of the Dodd-Frank Act, and counsels payments clients on EFTA, TILA, Nacha rules, and card network rules. She has also drafted client policies and procedures covering FCRA, compliance management systems, BSA/AML, and vendor oversight.
Marci V. Kawski

Marci V. Kawski

Husch Blackwell LLP

Marci V. Kawski is a Partner at Husch Blackwell LLP in Madison, Wisconsin, where she leads the firm’s national Consumer Financial Services practice. She counsels consumer finance providers across the country, including motor vehicle sales finance companies, installment lenders, banks, credit unions, fintechs, and online lenders, on compliance policies and procedures, complex compliance questions, and negotiations before state and federal regulators. She is especially well suited to this program: she leads a national practice serving motor vehicle sales finance companies, helped a sales finance company build its compliance management system, and has filed auto finance amicus briefs in the Fourth and Fifth Circuits, bringing the perspective of counsel who turns new regulatory expectations into lender controls.

Education & Credentials

Ms. Kawski received her J.D., cum laude, from the University of Wisconsin Law School, where she was a member of the Order of the Coif, and her B.A. with distinction from the University of Wisconsin-Madison. She is admitted in Wisconsin, before the federal district and bankruptcy courts in Wisconsin, the Fourth, Fifth, Seventh, and Eighth Circuits, and the U.S. Supreme Court.

Recognition & Leadership

Ms. Kawski is ranked by Chambers USA in Consumer Finance (Compliance), Nationwide (2024-2026), recommended by The Legal 500 United States (2024-2026), and named Highly Regarded by IFLR 1000 United States (2022-2025). She also served on the Wisconsin Judicial Commission (2022-2025).

Professional Involvement

Ms. Kawski is counsel to the Emerging Issues Subcommittee of the American Financial Services Association's Law Committee, Vice Chair of the Personal Property Financing Subcommittee of the ABA Consumer Financial Services Committee, legal advisor to the American Association of Consumer Vehicle Lessors, and a member of the Conference on Consumer Finance Law Governing Committee. She spoke on AI and dynamic pricing at the dealership at the 2026 ABA Business Law Fall Meeting.

Experience

Ms. Kawski helped a sales finance company develop its compliance management system and resolved state regulators' claims against a major credit union so it could keep operating its indirect lending program. She filed amicus briefs supporting the Fifth Circuit challenge that vacated the FTC's CARS Rule and the Fourth Circuit appeal confirming that vehicle financing with a GAP waiver is exempt from the Military Lending Act, and she prevailed before the Wisconsin Supreme Court in Security Finance v. Kirsch, which limited creditor liability under the Wisconsin Consumer Act.
Rachel J. Myers

Rachel J. Myers

Husch Blackwell LLP

Rachel J. Myers is an Associate in the Washington, D.C. office of Husch Blackwell LLP, where she represents banks, fintechs, and nonbank lenders, including auto finance companies and student loan servicers, in regulatory compliance, enforcement matters, and consumer financial services litigation. She represents clients during regulatory examinations and in investigations by federal regulators and state attorneys general. She is especially well suited to this program: she has counseled consumer financial services providers through investigations by the Consumer Financial Protection Bureau, the Federal Trade Commission, and the Pennsylvania and Massachusetts Attorneys General, and has helped auto finance clients prepare for and respond to examination findings, bringing the perspective of counsel who works directly with state enforcers and examiners.

Education & Credentials

Ms. Myers earned her J.D. and an M.A. from Indiana University and her B.A. from The College of Wooster. She is admitted to practice in the District of Columbia and New York. Before law school, she received a Fulbright grant to teach advanced English at a university in Russia, and she is proficient in Russian.

Recognition & Leadership

Ms. Myers chairs the AARP Legal Counsel for the Elderly Young Lawyers Alliance and regularly appears on the District of Columbia's Pro Bono Honor Roll. Her pro bono work includes winning a grant of asylum for a client in U.S. Immigration Court.

Professional Involvement

Ms. Myers is a member of the American Bar Association's Affordable Housing and Community Development Publications Committee, the District of Columbia Bar, and the New York State Bar Association. Earlier, she worked with the American Bar Association Rule of Law Initiative in its Middle East and North Africa Division on legal development and comparative law projects. Her recent writing addresses rising enforcement under the Servicemember Civil Relief Act.Ms. Myers is a member of the American Bar Association's Affordable Housing and Community Development Publications Committee, the District of Columbia Bar, and the New York State Bar Association. Earlier, she worked with the American Bar Association Rule of Law Initiative in its Middle East and North Africa Division on legal development and comparative law projects. Her recent writing addresses rising enforcement under the Servicemember Civil Relief Act.

Experience

Ms. Myers has represented consumer financial products and services providers in investigations by the CFPB, the FTC, the New York Department of Financial Services, and the Pennsylvania and Massachusetts Attorneys General, and has guided clients through CFPB and New York DFS examinations in the auto finance, consumer finance, and debt collection sectors. She advises lenders and servicers on the FDCPA, FCRA, ECOA, SCRA, and the UDAAP provisions of the Dodd-Frank Act, and counsels payments clients on EFTA, TILA, Nacha rules, and card network rules. She has also drafted client policies and procedures covering FCRA, compliance management systems, BSA/AML, and vendor oversight.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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1000+

Live stream programs

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Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs