A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between...more
3/11/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Breach of Contract ,
Competition ,
Contract Terms ,
Dealerships ,
Internet Retailers ,
Manufacturers ,
OEM ,
Policies and Procedures ,
Popular ,
Retail Market ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
More than four years after an industry trade association first filed its challenge to a November 2020 ballot initiative in Massachusetts, a federal judge issued an order in Alliance for Automotive Innovation v. Campbell...more
2/12/2025
/ Automotive Industry ,
Data Privacy ,
Data Protection ,
Manufacturers ,
Motor Vehicles ,
OEM ,
Regulatory Oversight ,
Regulatory Requirements ,
Right-To-Access ,
Telematics ,
Unfair or Deceptive Trade Practices
OEMs may finally get some clarity in the next couple of months about their obligations under Massachusetts and Maine right to repair laws requiring them to provide owners and independent repair facilities access to mechanical...more
1/10/2025
/ Automotive Industry ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
Manufacturers ,
Motor Vehicles ,
New Legislation ,
NHTSA ,
Right to Repair ,
State Attorneys General ,
Telematics
On Wednesday, October 23, 2024, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, put the final nail in the coffin of claims by consumers that “destination charges” for the delivery of...more
10/28/2024
/ Actual Delivery ,
Automotive Industry ,
Car Dealerships ,
Consumer Fraud ,
Federal Rule 12(b)(6) ,
Fees ,
Manufacturers ,
Motion to Dismiss ,
Motor Vehicles ,
OEM ,
Putative Class Actions
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
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
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
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
1/8/2024
/ Actual Delivery ,
Automotive Industry ,
Car Dealerships ,
Critical Infrastructure Sectors ,
Manufacturers ,
Motor Vehicles ,
OEM ,
Putative Class Actions ,
Regulatory Violations ,
Retail Market ,
Service Charges ,
Supply Chain
Newly-elected Massachusetts Attorney General Andrea Campbell gave notice this week that effective June 1, 2023 her office intends to begin enforcing amendments to the state’s Right to Repair Law. The amendments,...more
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
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 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
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
Following hard on the heels of President Biden’s July 9, 2021 “Executive Order on Promoting Competition in the American Economy,” which directed federal agencies to exercise their authority to promote competition and curtail...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 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
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
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
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
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
3/4/2020
/ Best Practices ,
Car Dealerships ,
Disclosure Requirements ,
E-Commerce ,
Internet ,
Internet Retailers ,
Manufacturers ,
Motor Vehicles ,
Online Advertisements ,
Online Platforms ,
Regulatory Oversight ,
Regulatory Requirements ,
Retail Market ,
Websites
Article I, Section 10, Clause 1 of the United States Constitution provides that “[n]o state shall . . . pass any . . . Law Impairing the Obligation of Contracts . . . .” On August 2, 2019, a panel of the US Court of Appeals...more
11/18/2019
/ Amended Legislation ,
Appeals ,
Constitutional Challenges ,
Contracts Clause ,
Cross Motions ,
Dealerships ,
Denial of Rehearing ,
Farm Supplies ,
Heavy Equipment ,
Manufacturers ,
Motion To Enjoin ,
Motor Vehicles ,
Permanent Injunctions ,
Preliminary Injunctions ,
Public Purpose ,
Retroactive Application ,
State Law Claims
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
10/23/2019
/ Adverse Action ,
Auto Repair Regulations ,
Automotive Industry ,
Car Dealerships ,
Data Management ,
Distributors ,
Export Controls ,
Fair Compensation ,
Manufacturers ,
Motor Vehicles ,
New Legislation ,
Reimbursements ,
Repairs ,
Sales & Distribution Agreements ,
Service Contracts ,
State and Local Government ,
State Bans ,
Surcharges ,
Vehicle Code ,
Warranties ,
Wholesale