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Maine Attorney General Convenes Working Group to Recommend Standards to Implement Right to Repair Law - Seyfarth's Future of...

The Maine Attorney General’s Office recently announced that it has convened an 11-person working group of industry stakeholders to develop recommendations for legislation to establish an entity with rulemaking and enforcement...more

In Dismissing Claims Against OEM, Federal Court Quietly Rejects FTC Interpretation of Magnuson-Moss Warranty Act - Seyfarth's...

A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more

OEMs Face New Uncertainty on Right to Repair in Maine While Massachusetts Court Continues to Delay Ruling - Seyfarth's Future of...

Trade associations representing independent repair facilities have become strong advocates for expanding right to repair laws to increase member access to vehicle telematics data. These efforts have created uncertainty for...more

Massachusetts Judge Says Prepaid Vehicle Maintenance Plans Not Subject to State Dealer Statute

A Massachusetts federal court judge has ruled that an OEM-branded prepaid vehicle maintenance plan sold and administered by a third-party to auto dealers is not subject to the Massachusetts Motor Vehicle Dealer Act and...more

History Repeats Itself As Automakers Strike Deal With Independent Repair Facilities To Provide Access to Telematics Data

The Alliance for Automotive Innovation, a trade association representing U.S. automakers and other manufacturers, announced on July 11, 2023 that it had entered into an agreement with trade associations representing...more

NHTSA Sides With Automakers, Informs Court That Massachusetts Data Access Law Preempted By Federal Law

In a June 13, 2023 filing in the Alliance for Automotive Innovation v. Campbell case pending in Massachusetts federal court, the National Highway Traffic Safety Administration (NHTSA) gave notice that it had sent a letter to...more

Massachusetts AG Issues Telematics Notice Under Right to Repair Law: What Comes Next?

On June 1, 2023, the Massachusetts Attorney General published the Massachusetts Vehicle Telematics System Notice that new car dealers in Massachusetts must now provide to purchasers of model year 2022 or later vehicles if...more

Court Refuses Request for Temporary Restraining Order Barring Enforcement of Right to Repair Law Pending Decision in Case

The Massachusetts federal judge in the Alliance for Automotive Innovation v. Attorney General action denied today a motion for a temporary restraining order seeking to enjoin the Massachusetts Attorney General’s forthcoming...more

Sellers of Extended Auto Warranties Agree to Lifetime Telemarketing Ban To Avoid Trial In Case Alleging Deceptive Sales Practices

The Federal Trade Commission (FTC) continues to focus on the automotive and related industries, with the FTC announcing on March 24, 2023 that it had entered into an agreement settling claims against operators of a...more

Massachusetts Right to Repair Case Inches Toward Decision As NHTSA Revised Guidance Dashes Hopes For Pre-Emptive Rules

Two procedural orders issued on September 14, 2022 by the Massachusetts federal court in Alliance for Automotive Innovation v. Healy suggest that a public decision in that case is unlikely to be forthcoming until October 2022...more

Judge Again Postpones Decision In Massachusetts Right to Repair Case

On April 15, 2022, the Massachusetts federal court in Alliance for Automotive Innovation v. Healy issued a procedural order informing the parties that the court would need another two and a half months to issue a decision on...more

OEMs Will Have To Wait Another Month for Decision In Massachusetts Right to Repair Case

On March 8, 2022, the Massachusetts federal court in Alliance for Automotive Innovation v. Healy issued a procedural order informing the parties that the court would need another month to issue a decision on a challenge...more

As Goes Massachusetts, So Goes the Nation on Automobile Right to Repair? Federal Legislation Introduced to Expand Access to...

On February 2, 2022, U.S. Rep. Bobby L. Rush introduced the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, H.R. 6570 (the “Act”), legislation that would require OEMs to make vehicle-generated data more...more

Judge Sets March Deadline to Decide Massachusetts Right to Repair Case

The Massachusetts federal district court judge overseeing a challenge to recent changes to the Massachusetts Right to Repair Law in Alliance for Automotive Innovation v. Healey announced today that he will issue a decision in...more

Massachusetts AG and OEMs Debate Whether Compliance With Massachusetts Right To Repair Law Is “Impossible”

On Friday, January 14, the Massachusetts Attorney General’s Office and the Alliance for Automotive Innovation filed dueling briefs in Alliance for Automotive Innovation v. Healey, a case pending in Massachusetts federal...more

Federal Court Reopens Evidence In Case Challenging Massachusetts Right To Repair Law

On Thursday, October 28, a Boston federal judge agreed to reopen evidence in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent amendments to the Massachusetts Right to Repair Law (the “Data Law”), and...more

Judge Needs More Time to Decide Fate of Mass. Right to Repair Law, While State Considers Legislative Fix

Automakers will have to wait a little longer to find out whether they will be required to comply with required changes to installed telematics systems beginning with model year 2022 (MY22) vehicles that Massachusetts voters...more

Judge Promises to Render Prompt Decision as Massachusetts Right to Repair Trial Concludes

A Boston federal court heard the final round of closing arguments on Wednesday, July 21 in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent amendments to the Massachusetts Right to Repair Law (the...more

Judge and Parties Wrestle With Thorny Legal Questions In Round 1 of Closing Arguments in Massachusetts Right to Repair Trial

On Friday, June 25, 2021, a Massachusetts federal district court held the first of two closing arguments in Alliance for Automotive Innovation v. Healey, a case involving a motor vehicle manufacturer trade association’s...more

Five Questions to Consider as the Massachusetts Right to Repair Trial Commences

On June 14, 2021, the federal court bench trial commences in Alliance for Automotive Innovation v. Healey, where a motor vehicle manufacturer trade association seeks to invalidate a 2020 ballot initiative amending that...more

Aggravated Judge Orders OEMs and the Attorney General to Provide Discovery in Run Up to Trial on Massachusetts Right to Repair Law

Reminding everyone that it is the responsibility of the “court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding,” Judge Douglas Woodlock recently settled multiple...more

Federal Judge Demands Factual Record in Challenge to Massachusetts Vehicle Telematics Law

Massachusetts federal district court judge Douglas Woodlock did not mince words during an hour-long hearing on Thursday, December 3, urging lawyers for the Alliance for Automotive Innovation and Massachusetts Attorney General...more

Mass. Voters Expand Right to Repair Law: Is Past Prologue Or Will OEMs Be Forced To Fight Back?

Massachusetts voters on November 3, 2020 overwhelmingly approved Question One, a ballot initiative amending the state’s Right to Repair Law. Beginning with “model year 2022,” manufacturers who use a telematics system in their...more

Massachusetts Voters To Decide Whether OEMs Must Design Cars To Share Telematics Data

On November 3, 2020, Massachusetts voters will go to the polls for the second time in less than a decade to consider a “Right to Repair” ballot initiative. Question One would amend Massachusetts law to force auto...more

Tesla Scores Another Victory in Virginia and Deals a Blow to Representational Standing

Overshadowed by the outbreak of the COVID-19 pandemic, Tesla in early March quietly racked up another win that will allow it to continue the direct sale of new motor vehicles to consumers in Virginia. On March 3, 2020, the...more

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