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“Reasonableness” in State Warranty Reimbursement Statutes Takes a Hit in 2025

Legislatures in several states overhauled their warranty reimbursement statutes in 2025, which generally require OEMs to pay “reasonable” reimbursement to dealers for labor performed by service technicians for repairs to...more

Long-Running Consumer Challenge to Destination Charges Comes to an End

On October 3, 2025, the United States Court of Appeals for the Third Circuit in a 2-1 decision affirmed the dismissal of a putative consumer class action alleging an automaker had misled consumers about what is included in...more

2026 Shaping Up to Be Big Year for Access to Vehicle-Generated Telematics Data

With the year rapidly drawing to a close, 2026 appears to be the year a long-running industry challenge to a 2020 Massachusetts right-to-repair ballot initiative will finally be decided. Meanwhile, absent a gubernatorial...more

New Jersey Governor Signs Unique Warranty Time Multiplier Into Law

On September 11, 2025, New Jersey Gov. Phil Murphy signed into law the Motor Vehicle Open Recall Notice and Fair Compensation Act (S.3309). The New Jersey governor’s most recent action follows votes by both houses of the New...more

Federal Court Permits FTC Administrative Action Against Dealer Group to Continue—At Least for Now

A Texas federal court recently declined to enjoin an administrative action brought by the Federal Trade Commission (“FTC”) against Asbury Automotive Group (“Asbury”), one of the largest automobile dealer groups in the United...more

FTC Closes Antitrust Investigation Into Pact Between Truck OEMs and California Regulators

On August 12, 2025, the Federal Trade Commission (FTC) announced it had closed its investigation into possible antitrust violations by four truck manufacturers and their trade association by entering into the Clean Truck...more

Amended Maine Right to Repair Lawsuit in Limbo Until Jan. 2026

The lawsuit brought by the Alliance for Automotive Innovation (“Auto Innovators”), a trade association representing automotive manufacturers and suppliers in the United States, seeking to block a 2024 right to repair law...more

New Jersey Poised to Adopt Unique Warranty Time Multiplier: Latest Development In Statutory Warranty Reimbursement Requirements

New Jersey appears poised to adopt a unique “average retail labor time allowance” multiplier to the compensation OEMs must pay dealers for warranty service, after both houses of that state’s Legislature voted on June 30, 2025...more

FTC Guidance Confirms OEMs Are Not “Service Providers” to Dealers Under Safeguards Rule

Recently issued guidance from the Federal Trade Commission (FTC) addresses frequently asked questions about the application of the agency’s Safeguards Rule, 16 C.F.R. § 314.1 et seq., to new car dealers since the 2023...more

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