Consumer Protection Transportation

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BC Supreme Court Dismisses Applications for Certification of Consumer Protection Claims in Five Class Actions Against...

On August 18, 2015, Madame Justice Adair of the B.C. Supreme Court refused to certify as class proceedings five separate actions against each of Air Canada, Deutsche Lufthansa Aktiengesellschaft, Delta Air Lines, Inc., United...more

Take-Off Denied for Airline Fuel Surcharge Class Action

Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are...more

August 2015 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s launch of an investigation of alleged price gouging by airlines following Amtrak train service disruption in the Northeast Corridor, the agency’s...more

NHTSA Announces Record Setting Civil Penalty in Consent Order With Chrysler

In 2014, NHTSA collected a record setting amount of civil penalties. For 2015, NHTSA may be on pace to exceed last year’s record. On July 26, 2015, NHTSA announced a $105 million civil penalty against FCA US LLC, the former...more

U.S. Senators Introduce Automobile-Focused Cybersecurity Legislation

On July 21, Senators Blumenthal (D-CT) and Markey (D-MA) introduced legislation, the Security and Privacy in Your Car Act (“SPY Car”Act), that would protect drivers’ privacy while allowing them to remain connected to the...more

The Connected Car and Keeping YOU in the Driver’s Seat

Remember KITT? KITT (the Knight Industries Two Thousand) was the self-directed, self-driving, supercomputer hero of the popular 1980s television show Knight Rider. Knight Rider was a science fiction fantasy profiling the “car...more

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

The Internet of Things and the Inevitable Collision with Products Liability PART 2: One Step Closer

The Internet of Things and the Inevitable Collision with Products Liability, published in February 2015, identified a number of factors leading to the emergence and phenomenal growth of the Internet of Things (IoT). It also...more

A Study of Recall Completion Rates

This post was written by special guest authors Neil Steinkamp, Managing Director, and Jake Reed, Manager, from Stout Risious Ross. There has been much attention recently regarding the efforts made to complete recalls in...more

DOT Issues Scathing Internal Report of NHTSA’s Defect Investigation Processes

In the wake of GM’s ignition-switch, the Secretary of Transportation, Anthony R. Foxx, directed an investigation into NHTSA’s defect investigation policies and procedures. Specifically, Secretary Foxx requested that the U.S....more

PIPEDA Amendments In-Force

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

FTC Workshop on the Sharing Economy: Insights and Promise

Following Commissioner Ohlhausen’s opening presentation, Stanford Professor Liran Einav introduced the first morning panel. It was moderated by Nathan Wilson, Economist for the FTC’s Bureau of Economics. Panelists beyond...more

NHTSA Seeks to Push Beyond the “New Normal” and into the “New Paradigm”

In recent years, the National Highway Traffic Safety Administration (NHTSA) has received increased public and Congressional scrutiny stemming from high-profile safety defects, such as the Toyota unintended-acceleration issues...more

CFPB Issues Final Rule Regarding Nonbank Auto Finance Companies – Vespa Dealers Breath Sigh of Relief

Today the CFPB issued its long-awaited final rule regarding larger participants in the nonbank auto finance market that will allow the Bureau to supervise larger nonbank auto finance companies for the first time. The CFPB...more

The Takata Consent Order – Here's What You Need to Know

As is well known by now, TK Holdings Inc. – Takata – has entered a Consent Order with the National Highway Traffic Safety Administration (“NHTSA”). The details and latest information on the Takata recall can be found online...more

New Jersey passes motor vehicle data privacy law

We have commented before that many consumers do not know or understand the amount of data their motor vehicle has concerning their driving habits, including erratic driving, speed, whether the radio or Bluetooth is being used...more

But We Did Everything Right?: Why Agreements with Shippers are Necessary for Carriers to Protect Themselves from...

As food transporters grapple with the myriad of compliance issues raised by the Food Safety Modernization Act and the FDA’s looming proposed “Food Safety Rule on the Sanitary Transportation of Human and Animal Food,” carriers...more

FTC Approves Final Order with AmeriFreight: Websites Must Disclose Endorsements

Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company posted customer reviews on its website while failing to disclose that it had...more

DOT Revises Its “Mistaken Fares” Enforcement Policy

DOT’s Office of Aviation Enforcement and Proceedings issued a notice temporarily amending its enforcement policy regarding airlines’ obligation to honor “mistaken fares.” Until now, DOT’s Enforcement Office has generally...more

New Law Favors Uber and Lyft

Addressing the lack of consistent rules governing app-based ridesharing companies like Uber and Lyft, the Tennessee legislature has passed a bill which establishes a uniform law for the companies’ Tennessee operations....more

Driver’s Licence Information and Test Drives: Guidance from the Alberta Office of the Information Privacy Commissioner

What personal information is reasonable for a motor vehicle dealer to collect from individuals participating in test drives? It has been acknowledged that dealers have a business need to collect personal information in...more

NHTSA's Enforcement Priorities Made Clear in U.S. DOT's Transportation Bill (Grow America Act)

Last year, the U.S. Department of Transportation unveiled its long-term transportation bill, entitled the Grow America Act, which contained the Department’s wish list for funding and new authorities. On March 31, 2015, the...more

Lufthansa frequent flyer accounts hacked

Lufthansa confirmed last week that an unknown number of their customers’ accounts were hacked and the hackers were able to use illegally obtained usernames and passwords in order to use frequent flyer miles to make purchases....more

Proceed with Caution: Vehicle to Vehicle Communication Technology

Will the brave new world of automobiles include talking vehicles? According to a plan by the National Highway Traffic Safety Administration (“NHTSA”), the answer is yes. NHTSA has provided advanced notice that it intends to...more

California Eyes Groundbreaking Privacy and Cybersecurity Legislation

In California, home to Silicon Valley, Biotech Beach, drones and some of the nation’s strongest laws protecting personal and consumer privacy, legislators are grappling with how to balance popular innovations in technology...more

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