News & Analysis as of

Automotive Industry Rulemaking Process

Sheppard Mullin Richter & Hampton LLP

CFPB Seeks Comment on Proposed Rules to Scale Back Larger Participant Thresholds

Four advance notices of proposed rulemaking scheduled for publication on August 8 will solicit public comment on whether the CFPB should raise the size thresholds that determine which nonbank entities qualify as “larger...more

Haynes Boone

EPA Proposes Repeal of Legal Foundation for Greenhouse Gas Rules

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The U.S. Environmental Protection Agency (EPA) has proposed a major shift in regulatory policy—to rescind the agency’s 2009 “Endangerment Finding” and to repeal all resulting emission standards for new motor vehicles and...more

Jones Day

EPA Initiates Rulemaking to Eliminate the 2009 GHG Endangerment Finding

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The U.S. Environmental Protection Agency ("EPA") proposes rescission of the 2009 Endangerment Finding, which underpins greenhouse gas regulation under the Clean Air Act....more

Troutman Pepper Locke

Update on FTC’s CARS Rule

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As of April 27, 2025, the Federal Trade Commission (FTC) had not filed a petition for a writ of certiorari to appeal the Fifth Circuit’s decision vacating the Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The...more

Mayer Brown

A Post-CARS Rule Brake? Not So Fast. Buckle Up for New Regulatory Activity in the Motor Vehicle Space

Mayer Brown on

The Fifth Circuit vacated the Federal Trade Commission’s (“FTC”) Combating Auto Retail Scams Trade Regulation Rule (“CARS Rule”) on January 27, 2025, determining that the FTC failed to follow its own procedural requirements...more

Holland & Knight LLP

Fifth Circuit Strikes Down FTC's Auto Retail Scam Rule: Key Implications for Dealers

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The U.S. Court of Appeals for the Fifth Circuit on Jan. 27, 2025, vacated the Federal Trade Commission's (FTC) Rule on Combating Auto Retail Scams (CARS Rule) before it could take effect, finding that the FTC failed to follow...more

Foley & Lardner LLP

Foley Automotive Update - February 2025

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Foley & Lardner LLP partner Vanessa Miller commented on the risk of increased costs in the automotive supply chain that could result from new import tariffs in The Wall Street Journal article, “Tariff Threat Prompts...more

Ballard Spahr LLP

Fifth Circuit Court of Appeals strikes down FTC CARS Rule

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The Fifth Circuit Court of Appeals has struck down the FTC’s controversial CARS Rule, saying that the commission violated its own procedural rules by failing to issue an Advance Notice of Proposed Rulemaking (“ANPRM”) before...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Strikes Down FTC’s ‘Junk Fee’ Rule for Auto Dealers

On January 24, 2025, the Fifth Circuit Court of Appeals struck down an FTC rule aimed at curbing deceptive advertising and sales practices in the auto industry. The rule, which sought to prohibit certain “junk fees” and...more

Troutman Pepper Locke

Fifth Circuit Vacates FTC’s CARS Rule

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Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The decision came in...more

Seyfarth Shaw LLP

Maine Right to Repair Law Poised to Remain in Flux Even After January 2025 Effective Date - Seyfarth's Future of Automotive Series

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The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical...more

Seyfarth Shaw LLP

Fifth Circuit Set to Weigh Challenge to FTC’s CARS Rule - Seyfarth's Future of Automotive Series

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The administrative challenge brought by the National Automobile Dealers Association (NADA) and another trade association against the Combating Auto Retail Scams (“CARS”) Trade Regulation Rule, issued last year by the Federal...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review

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In this article, we share a timeline of our monthly "bites" for 2022 applicable to the auto finance industry. So, what happened in 2022?...more

Foley & Lardner LLP

U.S. EPA Rule Making Set Grants Exclusive E-RIN Production Right to EV Automakers

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While U.S. Environmental Protection Agency (EPA) renewable fuel standards have traditionally been a chief concern of energy and fuel producers, the EPA’s 2023 rulemaking set is perhaps bigger news for Detroit than Houston...more

Sheppard Mullin Richter & Hampton LLP

FTC Targets Junk Fees, Bait-and-Switch Advertising by Auto Dealers

On June 23, the FTC proposed a rule that would prohibit junk fees, bait-and-switch advertising, and other deceptive practices by auto dealers to protect consumers and honest dealers in the car-buying process...more

Venable LLP

FTC Starts the Engine on Car Sales Fees and Advertising Rulemaking, but Other Rulemaking Faces Major Questions

Venable LLP on

The FTC is off to the races with another proposed rulemaking. On June 23, the FTC, by a 4-1 vote, issued a notice of proposed rulemaking (NPR) to combat what it perceives as “junk fees” and “bait-and-switch advertising...more

Hogan Lovells

NHTSA issues occupant protection safety standards for automated driving system equipped vehicles

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On March 10, 2022, the National Highway Traffic Safety Administration (NHTSA) issued a first-of-its-kind final rule amending occupant protection-related Federal Motor Vehicle Safety Standards (FMVSS) to account for automated...more

Hogan Lovells

NHTSA proposes MY2024-2026 Corporate Average Fuel Economy standards

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On August 10, 2021, the National Highway Traffic Safety Administration (NHTSA) issued a Notice of Proposed Rulemaking (NPRM) to revise the federal corporate average fuel economy (CAFE) emissions standards in model years (MY)...more

Snell & Wilmer

NHTSA Releases Draft Test Procedures for Advanced Driver Assistance Systems

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On November 21, 2019, the National Highway Traffic Safety Administration (“NHTSA”) released nine draft test procedures intended to help evaluate certain types of Advanced Driver Assistance Systems (“ADAS”). NHTSA is seeking...more

Ballard Spahr LLP

DoD to propose amendment to MLA regulations on auto financing

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The Department of Defense announced in its Fall 2019 rulemaking agenda that it is engaged in proposed rulemaking to amend its Military Lending Act (MLA) regulations, apparently in order to allow non-bank creditors to provide...more

Dickinson Wright

Comments On NHTSA/EPA's Claim That Fuel Economy Standards Must Be Frozen to Save Lives

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In a recent Client Alert, Will Increasing Fuel Economy Standards Really Make Cars Less Safe? NHTSA and the EPA’s Proposal to Freeze Fuel Economy Standards at 2020 Levels, I noted that NHTSA and the EPA have proposed freezing...more

Hogan Lovells

Department of Transportation announces updates to policies and rule-makings regarding autonomous vehicles

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The U.S. Department of Transportation (DOT) has released an update to the agency's policy document on autonomous vehicles. The document, Automated Vehicles 3.0: Preparing for the Future of Transportation (AV 3.0), is a...more

Dickinson Wright

Will Increasing Fuel Economy Standards Really Make Cars Less Safe? NHTSA and the EPA’s Proposal to Freeze Fuel Economy Standards...

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In 2012, the EPA and NHTSA enacted new fuel economy standards for cars and light trucks for the 2016 through 2020 model years that increased year over year. They also proposed additional increases in those standards for the...more

Hogan Lovells

NHTSA and EPA propose roll back of Obama-era car rules

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The National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) issued a joint notice of proposed rulemaking today, called the "Safer Affordable Fuel-Efficient (SAFE) Vehicles...more

Foley & Lardner LLP

EPA Rolls Back Greenhouse Gas Emission Standards for Auto Industry

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The Trump Administration has taken steps to roll back Greenhouse Gas (GHG) emissions standards applicable to most automobiles in the United States. On April 2nd Environmental Protection Agency Administrator Scott Pruitt...more

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