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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

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

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

Seyfarth Shaw LLP

California DMV Finds “Care by Volvo” Subscription Service Violates State Law

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The California Department of Motor Vehicles (“DMV”) recently disclosed the results of its investigation of the “Care by Volvo” car subscription service (“CbV”) that was challenged as unlawful competition by the California New...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

Regulators Unveil Guidance On Best Practices for Internet Vehicle Sales

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Acknowledging that “[c]onsumers are clamoring for the opportunity to purchase the vehicles of their choice online because it expands the options available and enables them to save a considerable amount of time and possibly...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

Seyfarth Shaw LLP

New York DMV Appeals Board Affirms Decision Rejecting Excessive Warranty Reimbursement Rate Demanded By Dealer

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The dealer statutes of many states require automobile manufacturers to reimburse dealers for parts and labor used in warranty repairs at the “average” retail rates charged by dealers for customer pay repairs. ...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

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

Foley & Lardner LLP

Concordant Crossroads: Regulation and Innovation in the Automotive Industry

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Recently, Thomson Reuters Legal Executive Institute along with co-sponsors Foley & Lardner LLP and Ballard Spahr LLP, hosted the “Concordant Crossroads” summit in New York City. The esteemed keynote speaker, panelists and...more

Foley & Lardner LLP

Pickups and Crossover SUVs Celebrate Banner Year While Total U.S. Car Sales Dip Slightly in 2017

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The U.S. auto industry closed out December to reach a third straight year of over 17 million cars sold. Overall, however, car sales were 1.8% lower in 2017 than in 2016, ending a 7 year streak of increasing auto sales...more

Foley & Lardner LLP

SUV Sales Again Carrying the Auto Industry

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If it seems like déjà vu, it’s not just you: SUVs are again leading the charge on new vehicle sales. Buoyed by low gas prices and growing millennial families, SUV sales have increased by 6 percent from 2016 to 2017 (through...more

Foley & Lardner LLP

Updates to New Hampshire’s “Dealer Bill of Rights”: What Equipment Manufacturers Need to Know

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After two years of litigation, Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act — the so-called “Auto Dealer’s Bill of Rights” (codified at RSA 357-C) — has survived scrutiny by the New Hampshire...more

Foley & Lardner LLP

Preventing Whistleblower Claims in the Automotive Industry

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Whistleblower and retaliation claims are some of the most costly claims brought by employees and they are on the rise. OSHA, who governs complaints for over 20 whistleblower statutes, reports a 58% increase in whistleblower...more

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