Transportation Consumer Protection

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NHTSA Releases Guidance on Enforcement of Safety-Related Defects in Automated Vehicle Technologies - Agency’s stance raises...

Last week, the National Highway Traffic Safety Administration (NHTSA) released its final Enforcement Guidance Bulletin on Safety-Related Defects and Automated Safety Technologies. The Guidance makes clear that the agency’s...more

DOT Releases New Federal Automated Vehicles Policy

On September 20, 2016, the U.S. Department of Transportation (“DOT”) issued a new federal policy (“Policy”) for self-driving vehicles, aiming to guide the safe testing and deployment of automated vehicle technologies that...more

Cruise Line to Pay up to $76 Million to Settle TCPA Violations

Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million)....more

Autonomous Vehicles: USDOT Issues New Policy on Development and Deployment of Automated Vehicle Technologies

On Tuesday, September 20, the U.S. Department of Transportation (USDOT) will release a new policy designed to expedite the development and deployment of autonomous vehicle (AV) technologies in the United States while...more

Auto-ISAC Pushes To Protect Internet-Enabled Connected Cars

In July 2016, the nonprofit Automotive Information Sharing and Analysis Center (“Auto-ISAC”) released a series of auto cybersecurity best practices to collectively address cyber threats that could pose unreasonable risks to...more

NHTSA Proposes Adding Electronic Communication to Notify Consumers of Recalls

Last week, NHTSA issued a Notice of Proposed Rulemaking (NPRM) that proposes to allow manufacturers to notify owners and purchasers of a safety recall through electronic means. Currently, under the National Traffic and Motor...more

The transport sector and the Consumer Rights Act 2015

While the majority of the Consumer Rights Act 2015 (CRA) came into force on 1 October 2015, the application of the CRA to certain contracts for travel by rail, air, sea and inland waterways was deferred until 1 October 2016....more

Product Safety and Liability Prevention

When companies make products that are not safe, they automatically increase their liabilities. This is not in anyone’s interest. Costs increase. Bad PR increases. Good will is lost. Insurance rates go up. And, most...more

Will Fatal Self-Driving Crash Put the Brakes on Autonomous Vehicles?

The National Highway Traffic Safety Administration is handling a full load of safety recalls and investigations these days, including the investigation of a fatal crash involving Tesla’s Autopilot system. On May 7, a man was...more

CMA Orders Greater Transparency Over Car Rental Prices

Car rental sales in the United Kingdom amount to an estimated £1.2 billion industry. However attempting to rent a car normally means surfing through various price comparison websites in search of a easily understandable and...more

Some Legislation of Interest

With the end of the 2016 Maryland legislative session and the completion of bill signings by Governor Lawrence J. Hogan, Jr., PK Law highlights several bills of interest to our readers: HB 185: One of the few pieces of...more

Drones and Privacy Just Got More Complicated (Table Included)

As businesses seek to integrate into their workflows data collected from Unmanned Aircraft Systems (UAS), commonly known as drones, they are confronted with a very sensitive and complex issue: privacy. Currently, there...more

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

New EU e-Commerce rules are set to facilitate online buying and selling in the single market

On 25 May 2016, and following an in-depth sector inquiry and consultation period, the European Commission (“EC”) published proposals for a set of new e-Commerce rules. The EC believes that this three-pronged strategy will...more

Rental Car Act of 2015 Championed by Grieving Mother

Twelve years have passed since two 20-something sisters died in a rented PT Cruiser that had an open recall for a defective power-steering hose. At the time, the Budgets, Enterprises and Hertzes of the United States were not...more

NTIA Tells UAS Operators Not to Drone On

Unmanned Aircraft Systems (UAS), more commonly known as “Drones,” are soaring in popularity – the Federal Aviation Administration saw more than 300,000 drones registered in just the first 30 days since they introduced a...more

Delta Wins CalOPPA Case – But Your Mobile App May Not Fly

In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal...more

European Commission Unveils New Digital Single Market Proposals

The Commission’s proposals aim to drive cross-border e-commerce in the EU and level the regulatory field across audiovisual media services and online platforms. On 25 May 2016 the European Commission (Commission)...more

Polish Competition Authority Supports UBER

On 5 May 2016, the Polish Office of Competition and Consumer Protection (UOKiK) published a position paper in which it expressed its opinion on Uber’s operations on the Polish market for transportation services....more

A New Coalition Seeks to Pave the Way for Fully Autonomous Vehicles

Last week the National Highway Transportation Safety Administration (NHTSA) held the second of two meetings at Stanford University to solicit input from the public regarding the safety guidelines it is developing for the...more

How the FDA’s new Sanitary Transport Rule affects food shipping

The FDA is continuing its implementation of the Food Safety and Modernization Act (FSMA) with the “Sanitary Transportation of Human and Animal Food” final rule (Sanitary Transport Rule or Rule) published in the Federal...more

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

Michigan Law’s Autonomous Vehicles Conference: Legal and Regulatory Hurdles to Deployment

Earlier this month, I attended a conference at the University of Michigan Law School: Autonomous Vehicles: Legal and Regulatory Hurdles to Deployment. It was a good excuse to go embrace all of the nostalgia that comes from...more

Cal PUC Issues New Rules for TNCs

At the voting meeting on April 21, the California Public Utilities Commission approved new regulations impacting the operations of Transportation Network Companies (TNCs), such as Lyft and Uber, within California. The “Phase...more

FDA Issues Final Rule on Sanitary Transportation of Food

The Rule is broad in scope and reaches nearly every party involved in the shipment of food through the United States. On April 6, the Food and Drug Administration (FDA) published its final rule governing the sanitary...more

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