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FTC Makes Statement on Connected Vehicle Data as Major Automaker Faces Class Action for Data Sharing Practices

Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more

Top Legal Challenges for the Automotive Industry in 2024

With 2024 underway, we highlight some of the most pressing legal issues facing the automotive industry this year, including a surprise Federal Trade Commission (FTC) rule, changes to manufacturer direct-to-consumer sales, and...more

Corporate Transparency Act – Dealer Compliance Alert

The Corporate Transparency Act will now require certain entities to register with FinCEN by 2025. There are new filing requirements under the Corporate Transparency Act mandating that LLCs and other entities (corporations...more

California Bill to Regulate Vehicle Speed and Reduce Road Fatalities Introduced in State Senate

On January 24, the Speeding and Fatality Emergency Reduction on California Streets (SAFER California Streets) Package was introduced in an effort to increase safety on California roads. California state Senator Scott...more

US Labor Groups Seek Greater DOT and NHTSA Oversight of Autonomous Vehicles

On November 8, 2023, nearly thirty (30) labor groups including the International Brotherhood of Teamsters and the United Auto Workers (“Labor Groups”) sent a letter to the Secretary of Transportation and the Acting...more

Illegal Incentives Related to Electronic Vehicle Registration

California dealers must remember that California law is very strict when it comes to the collecting of the Electronic Vehicle Registration or Transfer Charge. At its most basic level, California law prohibits dealers from...more

On the Road With Generative AI: Key Legal Considerations for the Automotive Industry

Generative AI is already an integral part of the automotive industry, playing a significant role in enhancing Advanced Driver Assistance Systems (ADAS) and making it possible for drivers to interact with their vehicles....more

Preventing and Detecting Fraud: How to Protect Your Dealership [Audio]

In today’s podcast episode, Aaron Jacoby welcomes back Kim Linebarger and Lewis Fisher from Moss Adams to talk about how auto dealers can prevent and detect fraud in their businesses....more

Is It Time for a Test Drive in the Metaverse?

Buying a car has evolved from the days of brick and mortar dealerships to e-commerce, where consumers can select their preferred dealer, reserve, order, finance, and purchase a new or used vehicle in a seamless transaction....more

Podcast: Buy-Sell Market - Factors to Consider in Transactions of Automotive Dealerships [Audio]

In today’s podcast episode, Aaron Jacoby speaks with Breanne Eagles and Kim Linebarger from Moss Adams to discuss the current state of the buy-sell market for automotive dealerships and factors to consider when going to...more

Auto Marketing Company Banned from Industry Under FTC Order

A marketing services company and its owner will be banned from the auto industry under an Order issued by the Federal Trade Commission after the Commission found that they illegally misled consumers to believe their websites...more

Congress Passes the $1.9 Trillion American Rescue Plan Act of 2021 – Expanded EIDL Eligibility for Many Businesses

On March 10, Congress passed the $1.9 trillion American Rescue Plan Act of 2021 (Act), the Biden Administration’s COVID-19 relief bill. The Act made very minor revisions to the Paycheck Protection Program, but...more

FTC Action Pushes AZ and NM Auto Dealer Group Out of Business

In a first for the FTC, the Tate Automotive Group, with dealerships in AZ and NM, is being forced to cease business operations as part of a settlement of allegations related to falsification of consumer income. A link to...more

FTC Crackdown on "COVID-19 Stimulus" Advertising

The Federal Trade Commission recently filed a lawsuit against Traffic Jam Events, LLC and its owner, David J. Jeansonne to halt an alleged scheme to deceive consumers with mailers supposedly directing them how to obtain...more

FTC Publishes Reports on Auto Sales Practices

On July 30, 2020, the FTC announced two new staff reports which highlight some of the alleged challenges and confusion consumers claim they face in buying and financing a car, particularly relating to charges for add-on items...more

AF COVID-19 Podcast: PPP Loan Forgiveness - What Dealers Need to Know [Audio]

You’ve secured a PPP Loan to help weather the pandemic. Now, the SBA and Treasury have released a Loan Forgiveness Application to help lighten your financial burden. In today’s podcast, Aaron Jacoby, Russ McRory, and Justin...more

Vehicle Dealership Operations Protocol for COVID-19

At the request of the California New Car Dealers Association (CNCDA), we prepared a COVID-19 Operations Protocol to be used by California dealerships that are open or will soon be re-opening, for vehicle sales. On April 24,...more

California Local Orders for Face Covering and Health Screening Protocols

Most California counties and some California cities have issued local orders related to COVID-19. California businesses must comply with these Local Orders, in addition to the statewide Executive Order. Because the Local...more

California Local Orders for Face Covering and Health Screening Protocols

Most California counties and some California cities have issued local orders related to COVID-19. California businesses must comply with these Local Orders, in addition to the statewide Executive Order. Because the Local...more

Auto Sales Remain Subject to State and Local Orders Despite Designation as Essential by CISA

On April 17, 2020, the US Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) issued revised Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National...more

CNCDA Issues Updated Best Practices Memo for Online Sales

The California New Car Dealers Association has requested a memo regarding online vehicle sales, home delivery and remote work for vehicle salespersons. Below is our executive summary followed by a brief discussion. I....more

No Change To PPP for Dealers Submitting with Franchise Identifier Codes

The SBA has released additional guidance regarding the application of certain affiliate rules applicable to the PPP. Any dealership with 500 or fewer employees is eligible to apply for a PPP loan. However, even if you are a...more

AF COVID-19 Podcast: The CARES Act Investment in Health Care Workers [Audio]

In part two of our discussion, we talked with Aaron Jacoby and Oliver Spurgeon about how the new legislation is helping practitioners, including those on the frontlines fighting the pandemic....more

Impact of State and Local Orders on California Car Dealers and Repair Facilities

Recent state and local executive orders limit or suspend many operations of California dealers and repair facilities. This alert summarizes the effects and penalties of recent orders, which are changing daily. All...more

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