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
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
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
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
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
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
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
4/9/2020
/ Affiliated-Business Arrangements ,
Affiliates ,
Board of Directors ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Electronic Records ,
Employee Retention ,
Executive Compensation ,
Federal Loans ,
Financial Stimulus ,
Lenders ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Shareholders ,
Small Business ,
Stocks ,
Tax Relief
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
...CARES Act -
Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which included the Paycheck Protection Program (PPP) for small businesses. The PPP provides short-term cash flow assistance...more
In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private...more
9/17/2019
/ Anti-Retaliation Provisions ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Iskanian v CLS Transportation ,
Pending Legislation ,
Private Attorneys General Act (PAGA) ,
Split of Authority ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour
The Federal Trade Commission (FTC) recently released updated data security guidance in connection with a proposed settlement with LightYear Dealer Technologies, LLC (dba DealerBuilt), a service provider for the auto dealer...more
6/26/2019
/ Automotive Industry ,
Car Dealerships ,
Data Breach ,
Data Security ,
Data Storage ,
Electronically Stored Information ,
Encryption ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Personally Identifiable Information ,
Settlement ,
Third-Party Service Provider ,
Unfair or Deceptive Trade Practices