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Seyfarth Shaw LLP

Texas Motor Vehicle Regulation Advisory Committee Rejects Attempt by Texas Dealer Association to Overhaul Vehicle Allocation...

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On June 25, 2024, the Motor Vehicle Regulation Advisory Committee of the Texas Department of Motor Vehicles (the “Advisory Committee”) rejected a rulemaking petition advanced by the Texas Automobile Dealers Association...more

Seyfarth Shaw LLP

Federal Court Dismisses OEM Challenge to Illinois Warranty Labor Time Guide Amendment

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Last week, the Illinois federal court in Volkswagen Group of America v. Illinois Secretary of State, 2024 WL 2020036 (N.D. Ill. May 6, 2024) granted a motion to dismiss a challenge brought by Volkswagen (“VW”) against a 2022...more

McDermott Will & Emery

Mobility@McDermott: Monthly Update (02/2024)

1. Ruling of European Court of Justice on jurisdiction in product liability case- Another interesting judgment of the ECJ on jurisdiction in cross-border disputes was handed down on 22 February 2024 in a product liability...more

Seyfarth Shaw LLP

FCA Continues Winning Streak For OEMs On Claims For “Unfair Profit” In Destination Charges

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On Friday, December 22, 2023, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, scored the latest in a series of victories for automakers over claims by consumers that “destination charges”...more

Bennett Jones LLP

B.C. Accelerating Zero Emission Vehicle Sales Mandate

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Passed on May 30, 2019, the British Columbia Zero-Emission Vehicles Act requires automakers, and indirectly their dealers, to sell or lease an escalating percentage of new zero emission vehicles (ZEVs) vs. new internal...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

Ninth Circuit Affirms Dismissal Of Lawsuit Challenging OEM “Destination Charges” As Deceptive

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The Ninth Circuit recently affirmed the dismissal of a putative consumer class action challenging a manufacturer’s “destination charge” as an undisclosed and deceptive “vessel for profit” in violation of California and New...more

Morgan Lewis

Changing the Rules on How Cars Are Sold

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Car buying has evolved since the creation of state automotive franchise and dealer laws. The internet has brought virtually every consumer buying experience online, yet new vehicle sales are still largely a brick-and-mortar...more

Bressler, Amery & Ross, P.C.

Recent Decisions in New York and Ohio Signal that Courts and Agencies are Diligently Enforcing Laws that Protect Franchised Auto...

Two recent decisions in New York and Ohio, respectively, should – but likely will not – motivate auto manufacturers to abandon their reliance upon provably undependable “metrics” to evaluate dealers’ retail sales performance....more

Womble Bond Dickinson

The Sandbox Dilemma: Massachusetts Votes

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Who owns the stuff you buy? This used to seem so easy. Of course, you own the house, car, refrigerator, books, watch, shoes, pants, and everything else you bought – we always thought so. But not anymore. The companies that...more

Foley & Lardner LLP

Dealing with Dealers after Covid-19: Product Allocation

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The COVID-19 pandemic presents a number of challenges for manufacturers and suppliers managing dealership sales and service networks. Business and supply chain disruptions are depressing product output, requiring changes to...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

Third Circuit Ruling Paves Way for Dealer Associations to Challenge Incentives Programs

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State dealer statutes commonly regulate the incentive programs manufacturers use to encourage dealers to improve performance or upgrade their dealership facilities to meet brand standards.  Individual dealers have challenged...more

Seyfarth Shaw LLP

Colorado Adopts Two-Tier System For Direct Sale Of Electric Vehicles By Manufacturers

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On March 23, 2020, Colorado Governor Jared Polis signed into law S.B. 20-167, which amends that state’s dealer statute to allow some electric vehicle manufacturers to own, operate, and control motor vehicle dealerships in...more

Foley & Lardner LLP

Chicago Auto Show Highlights Crowd Pleasers and Aftermarket Stars

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The Chicago Auto Show is a welcome February distraction from winter and the sobering news surrounding coronavirus. Although CES is creeping into the auto show lineup, the Chicago Auto Show is now the first large auto show of...more

Seyfarth Shaw LLP

Tesla Is The Clear Winner in the Battle With Michigan

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Seyfarth's Future of Automotive Series - After three years of litigation, two appeals to the Sixth Circuit, and with a February 4, 2020 trial date looming, electric automobile manufacturer Tesla and the State of Michigan,...more

Snell & Wilmer

Service Contracts Are Not Express Warranties Under the Song-Beverly Consumer Warranty Act

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In Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise...more

ArentFox Schiff

Warranty Reimbursement Rates Under the New California Law

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Actually, even dealers who haven’t questioned the value of those memberships should pay close attention to this article. Major kudos are in order for CNCDA, OCADA and the other metro dealer associations for convincing the...more

Seyfarth Shaw LLP

California Adopts Major Changes to Warranty Reimbursement Requirements Effective January 1, 2020

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On October 12, 2019, California governor Gavin Newsom signed into law Assembly Bill 179 (A.B. 179), a bill that will make significant changes to the warranty reimbursement provisions of the California Vehicle Code effective...more

Seyfarth Shaw LLP

Dealer Management System Providers Join the Fray in Dispute Over Proper Scope of State Dealer Laws

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The two leading Dealer Management System (“DMS”) providers in the United States—CDK Global, LLC (“CDK”) and The Reynolds & Reynolds Company (“Reynolds”)—have filed suit in federal court in Arizona seeking to block an...more

ArentFox Schiff

CCPA’s Potential Impact in the Automotive Space

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While the California Consumer Privacy Act has impacted businesses in all sectors, one industry that has been steadily barreling toward compliance is the automotive industry. Simply put: The new “oil” in the automotive sector...more

ArentFox Schiff

State Privacy Laws May Grant Auto Exceptions

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While the US data privacy landscape is rapidly changing, there appears to be some helpful news for the automotive industry. Notably, the auto industry may receive the benefit of being exempt from the impact of two of the more...more

Foley & Lardner LLP

Auto Sales in China Reverse Trend in June

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Preliminary numbers indicate auto sales in China rose in June, reversing course for the first time in a year.  Sales rose a reported 4.9% in June.  As previously discussed on the blog, sales in China have been in a downward...more

Seyfarth Shaw LLP

Auto Manufacturers: Don’t Forget the Amended Franchise Rule When Considering New Business Opportunities

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As competition intensifies and auto manufacturers and distributors look for new ways to realize value from their brands, they and their counsel would do well to familiarize themselves with the Federal Trade Commission’s (FTC)...more

Bradley Arant Boult Cummings LLP

Automotive Suppliers in 2019: New Hope for R&D Credits - Economic Development News

As automotive suppliers begin work on their 2018 tax returns and implement plans for their capital expenditures in 2019, suppliers should look at a potential tax credit to help offset the costs of tooling: the Research and...more

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