Car Dealerships

News & Analysis as of

Termination Of Employee For Engaging In Outside Work While On FMLA/CFRA Upheld, But “Honest Belief” Standard Not Addressed

In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on...more

DOJ and North Carolina AG Settle First-Ever Federal Discrimination Suit Involving Auto Lending

On February 10, the DOJ, along with the U.S. Attorney’s Office for the Western District of North Carolina and the North Carolina AG, announced the settlement of the federal government’s discrimination suit involving two “buy...more

Trade groups urge CFPB to respond to AFSA vehicle sales finance study

Five prominent industry trade groups sent a letter to the CFPB yesterday seeking “to engage the CFPB in a constructive dialogue” on the study of indirect auto financing commissioned by the American Financial Services...more

California Supreme Court Reaffirms High Bar for Reversal of Arbitration Decision

Avery Richey v. AutoNation, Inc., et al. - Supreme Court of California (January 29, 2015) - Generally, courts cannot review arbitration awards for errors of fact or law, except as provided for under limited...more

Feds Obtain First-Ever Settlement over Allegedly Discriminatory ‘Buy Here, Pay Here’ Car Dealership Financing

The U.S. Department of Justice (DOJ) and the North Carolina Department of Justice recently requested court approval of a consent decree arising out of alleged racial discrimination by two North Carolina car dealerships in...more

Benny Boyd Car Dealership to Pay $250,000 to Former Manager in EEOC Settlement

General Manager with Multiple Sclerosis Denied Partnership and Harassed Because of His Disability, Forced to Resign From Dealership, Agency Charged - LUBBOCK, Texas - Benny Boyd Chevrolet-Chrysler-Dodge-Jeep, Ltd.,...more

Did You Know…Court Confirms Employees on Medical Leave Must Still Comply With Existing Company Policies

In Richey v. Autonation, Inc., Case No. S207536 (January 29, 2015), the California Supreme Court confirmed that an employee who is on medical leave does not have a greater right to reinstatement or to other benefits and...more

Ask Fisher & Phillips: Our Top 10 Questions from Dealers (Part One)

Our Dealership Practice Group represents thousands of dealerships all across the country, from large consolidators to regional groups to single dealerships. Because we have worked so closely with so many dealerships for so...more

It’s Your Burden: South Carolina Supreme Court Rejects Department of Revenue’s Application of Alternative Apportionment

The South Carolina Supreme Court issued its decision in CarMax Auto Superstores West Coast, Inc. v. S.C. Dep’t of Revenue, Opinion No. 27474 (S.C. Dec. 23, 2014), holding that the South Carolina Department of Revenue (the...more

Auto Notes - December 2014

In This Issue: - Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions - Arbitration Clauses Referencing American Arbitration...more

Arbitration Clauses Referencing American Arbitration Association Require Wording Preapproval and Fees Paid

Many dealer Buyer’s Orders and RISCs contain a provision indicating any customer dispute will be subject to arbitration. The thought behind including this disputed arbitration wording revolves around the belief that it is...more

Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions

In September 2014, dealers received a letter from the Department of Banking (“Banking”) regarding the repeal and replacement of the Motor Vehicle Sales Finance Act (“MVSFA”) with the Motor Vehicle Sales Finance provisions...more

Federal Trade Commission Seeks Comments on Proposed Changes to Used Car Rule

The Federal Trade Commission (FTC) recently announced that it is seeking supplemental public comments on proposed changes to its Used Motor Vehicle Trade Regulation Rule (Used Car Rule) and the Used Car Buyers Guide (Buyers...more

AFSA vehicle sales finance study finds significant flaws in CFPB disparate impact methodology and approach

A study of indirect auto financing commissioned by the American Financial Services Association found that the CFPB’s proxy methodology for measuring disparities in auto dealer reserve is “conceptually flawed in its...more

CFPB Takes Action Against ‘Buy-Here, Pay-Here’ Auto Dealer

The CFPB took its first action against a “buy-here, pay-here” car dealer. The CFPB alleged that the dealer, DriveTime, harmed consumers by making harassing debt collection calls and providing inaccurate credit information...more

Special Alert: CFPB Takes Enforcement Action Against "Buy-Here, Pay-Here" Auto Dealer for Alleged Unfair Collection and Credit...

On November 19, the CFPB announced an enforcement action against a ‘buy-here, pay-here’ auto dealer alleging unfair debt collection practices and the furnishing of inaccurate information about customers to credit reporting...more

How's Your ESI Score?

No question that customer satisfaction is a primary goal and focus for dealerships (and manufacturers). In a highly-competitive industry where products and prices can be virtually identical, dealerships understand that...more

Auto Dealers Will Soon Have To Maintain OSHA 300 Recordkeeping

Come January 1, 2015, OSHA’s newly announced Recordkeeping changes will most harshly affect manufacturers but the largest group affected is auto dealers....more

Randall Ford to Pay $128,750 to Settle EEOC Disability Discrimination Suit

Company Failed to Accommodate Manager and Then Fired Him Due to Back Surgery, Agency Charged - LITTLE ROCK, Ark. - Car dealership Randall Ford in Fort Smith, Ark., will pay $128,750 as part of the settlement of a...more

CFPB Proposes Expanded Auto Lenders Regulation

The Consumer Financial Protection Bureau’s (CFPB) recent proposal to exercise its authority under the Dodd-Frank Act to supervise large nonbank automobile lenders may have finance companies working to enforce...more

Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business? [Video]

Time will reveal the impact from the Missouri Supreme Court’s decision to remove caps on punitive damages. Some say it could either be helpful for consumers or a deterrent to job creation. Recently, the court ruled that a...more

CFPB Releases Report on Fair Credit Exams and White Paper on Proxy Methodology

Along with its proposed larger participant rule for the auto financing market, the Consumer Financial Protection Bureau issued a special edition of Supervisory Highlights (the "report") describing its fair credit supervisory...more

Missouri Supreme Court Holds Statute Capping Punitive Damages Violates Right To Trial By Jury

On September 9, 2014, in a unanimous opinion authored by the Honorable Patricia Breckenridge, the Missouri Supreme Court struck down as unconstitutional a Missouri statute which imposed a cap on the amount of punitive damages...more

CFPB and Fed announce increases in Regs Z and M 2015 dollar thresholds

The CFPB and Fed have announced increases in the dollar thresholds in Regulation Z (Truth in Lending Act) and Regulation M (Consumer Leasing Act) for exempt consumer credit and lease transactions. The adjustments reflect the...more

Car Dealership Employee Fired After Complaining About Fraudulent Warranty Claims May Sue For Wrongful Termination in Violation of...

The Fourth District Court of Appeal recently held that a former car dealership employee’s allegation that he was terminated over his complaints of fraudulent warranty claims was sufficient to support a cause of action for...more

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