Early Case Assessment and Litigation Management for Consumer and Product Related Claims

The purpose of the Early Case Assessment Program ("eCAP") is to provide our clients with a professional legal evaluation to mitigate consumer complaint issues before a lawsuit is filed. Doxsee Foster & Associates has an exclusive arrangement with the prestigious law firm of Callahan Thompson Sherman & Caudill who will analyze each claim or demand for a flat fee of $750 and recommend the most effective and economical plan of action.

The majority of consumer claims involve a Demand for Rectification under the Consumer Legal Remedies Act. CTSC will review and respond to the demand and will analyze the dealership’s sales and service records, where applicable, to be certain there are no other issues that could develop through discovery or otherwise lead to a class action. The early review is critical because many CLRA cases can be resolved without litigation. If settled at this stage, the flat $750 fee would include bringing the matter to conclusion with an appropriate release of all claims.

If the case is not capable of prompt settlement or plaintiff’s counsel is not willing to settle, CTSC will advise the dealer with a recommendation as to how best to defend the action. CTSC will then tender the claim to the insurance carrier on behalf of the dealership and refund the $750 to the dealer. The carrier will then retain CTSC to defend the complaint and pay the defense costs.

Depending on the nature of the claim, some insurance carriers may not respond with coverage assistance when your dealership receives a demand. Coverage may not be triggered until a lawsuit is filed and tendered to the carrier. Pre-tender legal costs may not be covered. eCAP provides your dealership with a solid cost-effective litigation management strategy that will always be there when you need it.

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