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
The Federal Trade Commission (FTC) on August 23, 2022 announced that it has decided by a vote of 5-0 to decline requests to extend the public comment period for proposed rules for dealers in connection with the advertising...more
On June 23, 2022, the Federal Trade Commission (FTC) announced that it has initiated the process to adopt regulations for dealers in connection with the advertising and sale of new cars. The proposed rules target “[d]ealer...more
With over-the-air (OTA) updates for motor vehicles becoming increasingly prevalent in the United States, consumers will be able to receive and install updates to vehicle firmware and software. Some updates might simply...more
The battle continues in state legislatures between electric vehicle (EV) manufacturers who want to sell direct to consumers and interest groups representing dealers and technicians who sell and service traditional internal...more
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
April Fool’s Day this year was no joke for a prominent dealer ownership group with locations in the Midwest and Southeast United States. On Friday, April 1, 2022, the Federal Trade Commission (FTC) and Illinois Attorney...more
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
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
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
The Massachusetts Attorney General’s Office and the Alliance for Automotive Innovation quietly filed a stipulation the day after Thanksgiving in Alliance for Automotive Innovation v. Healy, a lawsuit challenging recent...more
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
A federal court in Georgia recently denied a motion to dismiss filed by an auto manufacturer seeking to avoid a putative class action lawsuit filed by an owner who claimed that an allegedly botched over-the-air (OTA) software...more
On September 14, 2021, the Alliance for Automotive Innovation hosted a program entitled “Accelerating Electrification: Plugging In” through its Future Driven Forum. The program was moderated by John Bozzella – President &...more
State legislatures were busy in the first half of 2021, with no fewer than six (and likely seven) states adopting changes to statutory obligations imposed on manufacturers with respect to reimbursing dealers for performing...more
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
A recently filed lawsuit illustrates the new litigation challenges that automakers will face as cars incorporate telematics and other connected car technologies. In a class action complaint filed in Bowen v. Porsche Cars...more
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
With the effective date looming for changes to Massachusetts law that will require automobile manufacturers to make significant changes to telematics systems, a trade association representing OEMs on Tuesday, December 1,...more
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
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
The COVID-19 pandemic has forced automobile dealers to increase their emphasis on digital sales as customers demand greater convenience and less physical contact with dealership personnel. ...more
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
7/8/2020
/ Appeals ,
Automotive Industry ,
Business Ownership ,
Car Dealerships ,
Direct to Consumer Sales ,
DMV ,
Elon Musk ,
Manufacturers ,
Representational Standing ,
Standing ,
Tesla ,
Trade Associations
The White House recently issued guidelines for “Opening Up America Again” in anticipation that the COVID-19 pandemic may soon begin to recede, at least in some areas of the country. These guidelines recommend that state...more
4/28/2020
/ Automotive Industry ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Essential Functions ,
Non-Essential Businesses ,
Re-Opening Guidelines ,
Retailers ,
Return-to-Work Agreements ,
Screening Procedures ,
State and Local Government ,
Virus Testing ,
Workplace Safety
Seyfarth's Future of Automotive Series -
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,...more