Latest Posts › Manufacturers

Share:

In Dismissing Claims Against OEM, Federal Court Quietly Rejects FTC Interpretation of Magnuson-Moss Warranty Act - Seyfarth's...

A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more

OEMs Face New Uncertainty on Right to Repair in Maine While Massachusetts Court Continues to Delay Ruling - Seyfarth's Future of...

Trade associations representing independent repair facilities have become strong advocates for expanding right to repair laws to increase member access to vehicle telematics data. These efforts have created uncertainty for...more

FCA Continues Winning Streak For OEMs On Claims For “Unfair Profit” In Destination Charges

On Friday, December 22, 2023, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, scored the latest in a series of victories for automakers over claims by consumers that “destination charges”...more

Massachusetts AG Gives Notice: Right to Repair Law Enforcement Starts June 1, 2023

Newly-elected Massachusetts Attorney General Andrea Campbell gave notice this week that effective June 1, 2023 her office intends to begin enforcing amendments to the state’s Right to Repair Law. The amendments,...more

Ninth Circuit Affirms Dismissal Of Lawsuit Challenging OEM “Destination Charges” As Deceptive

The Ninth Circuit recently affirmed the dismissal of a putative consumer class action challenging a manufacturer’s “destination charge” as an undisclosed and deceptive “vessel for profit” in violation of California and New...more

Virginia and West Virginia Adopt Laws Regulating Over-the-Air Updates

With over-the-air (OTA) updates for motor vehicles becoming increasingly prevalent in the United States, consumers will be able to receive and install updates to vehicle firmware and software. Some updates might simply...more

Direct Sale Of Electric Vehicles Continues To Follow Tortured Path With Recent Legislative Developments

The battle continues in state legislatures between electric vehicle (EV) manufacturers who want to sell direct to consumers and interest groups representing dealers and technicians who sell and service traditional internal...more

OEMs Will Have To Wait Another Month for Decision In Massachusetts Right to Repair Case

On March 8, 2022, the Massachusetts federal court in Alliance for Automotive Innovation v. Healy issued a procedural order informing the parties that the court would need another month to issue a decision on a challenge...more

Computers on Wheels: Complaint Against Auto Manufacturer For Allegedly Botched Software Update Survives (For Now)

A federal court in Georgia recently denied a motion to dismiss filed by an auto manufacturer seeking to avoid a putative class action lawsuit filed by an owner who claimed that an allegedly botched over-the-air (OTA) software...more

FTC Announces Heightened Scrutiny Of Repair Restrictions In Wake Of President Biden’s Competition Executive Order

Following hard on the heels of President Biden’s July 9, 2021 “Executive Order on Promoting Competition in the American Economy,” which directed federal agencies to exercise their authority to promote competition and curtail...more

States Adopt Changes To Warranty Reimbursement Laws In First Half of 2021

State legislatures were busy in the first half of 2021, with no fewer than six (and likely seven) states adopting changes to statutory obligations imposed on manufacturers with respect to reimbursing dealers for performing...more

As Cars Become Computers On Wheels, Computer-Based Litigation Against OEMs Becomes More Likely

A recently filed lawsuit illustrates the new litigation challenges that automakers will face as cars incorporate telematics and other connected car technologies. In a class action complaint filed in Bowen v. Porsche Cars...more

Manufacturers Challenge Massachusetts Law Requiring Changes to Vehicle Telematics Systems

With the effective date looming for changes to Massachusetts law that will require automobile manufacturers to make significant changes to telematics systems, a trade association representing OEMs on Tuesday, December 1,...more

Mass. Voters Expand Right to Repair Law: Is Past Prologue Or Will OEMs Be Forced To Fight Back?

Massachusetts voters on November 3, 2020 overwhelmingly approved Question One, a ballot initiative amending the state’s Right to Repair Law. Beginning with “model year 2022,” manufacturers who use a telematics system in their...more

Massachusetts Voters To Decide Whether OEMs Must Design Cars To Share Telematics Data

On November 3, 2020, Massachusetts voters will go to the polls for the second time in less than a decade to consider a “Right to Repair” ballot initiative. Question One would amend Massachusetts law to force auto...more

Tesla Scores Another Victory in Virginia and Deals a Blow to Representational Standing

Overshadowed by the outbreak of the COVID-19 pandemic, Tesla in early March quietly racked up another win that will allow it to continue the direct sale of new motor vehicles to consumers in Virginia. On March 3, 2020, the...more

Colorado Adopts Two-Tier System For Direct Sale Of Electric Vehicles By Manufacturers

On March 23, 2020, Colorado Governor Jared Polis signed into law S.B. 20-167, which amends that state’s dealer statute to allow some electric vehicle manufacturers to own, operate, and control motor vehicle dealerships in...more

Regulators Unveil Guidance On Best Practices for Internet Vehicle Sales

Acknowledging that “[c]onsumers are clamoring for the opportunity to purchase the vehicles of their choice online because it expands the options available and enables them to save a considerable amount of time and possibly...more

Challenge to North Dakota Farm Equipment Dealer Statute May Give New Life to Contract Clause Arguments by Manufacturers

Article I, Section 10, Clause 1 of the United States Constitution provides that “[n]o state shall . . . pass any . . . Law Impairing the Obligation of Contracts . . . .” On August 2, 2019, a panel of the US Court of Appeals...more

California Adopts Major Changes to Warranty Reimbursement Requirements Effective January 1, 2020

On October 12, 2019, California governor Gavin Newsom signed into law Assembly Bill 179 (A.B. 179), a bill that will make significant changes to the warranty reimbursement provisions of the California Vehicle Code effective...more

Dealer Management System Providers Join the Fray in Dispute Over Proper Scope of State Dealer Laws

The two leading Dealer Management System (“DMS”) providers in the United States—CDK Global, LLC (“CDK”) and The Reynolds & Reynolds Company (“Reynolds”)—have filed suit in federal court in Arizona seeking to block an...more

“Monroney Stickers” And Protecting Car Buyers From Fraud In The Age Of Online Motor Vehicle Sales

When Congress adopted legislation in 1958 requiring that manufacturers affix a label—today called a “Monroney sticker”—in the window of each new motor vehicle they produced showing the suggested retail price for the vehicle...more

Auto Manufacturers: Don’t Forget the Amended Franchise Rule When Considering New Business Opportunities

As competition intensifies and auto manufacturers and distributors look for new ways to realize value from their brands, they and their counsel would do well to familiarize themselves with the Federal Trade Commission’s (FTC)...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide