News & Analysis as of

Car Dealerships

California Courts Narrow the New Motor Vehicle Board’s Jurisdiction to Hear Dealer Protests

by Mulcahy LLP on

The California Legislature established the New Motor Vehicle Board (the “Board”). The mandate of the Board is to enforce the regulatory scheme set forth in the California Vehicle Code and Civil Code meant to regulate the...more

New York City proposes new disclosure requirements for used car dealers

by Ballard Spahr LLP on

The New York City Department of Consumer Affairs (DCA) has proposed new rules for used car dealers that would require dealers to provide the following disclosures to buyers...more

WPI Wage Watch: Minimum Wage & Overtime Updates (January Edition)

by Littler on

2018 may have barely begun, but minimum wage and overtime activity at the local, state – and even federal – levels is well underway. Settle in – we’ve got a lot to cover....more

Special treatment for motor vehicle inventory interest under new federal tax law

The new 2017 tax law restricts the amount of interest most corporations can deduct on their returns, but includes a significant exception for automobile dealers. Under the revised version of section 163(j) of the Internal...more

Third Circuit Refuses To Compel Arbitration In Light Of Alleged Fraudulent Inducement To Sign Arbitration Agreement

by Carlton Fields on

The Third Circuit recently affirmed a lower court’s decision refusing car dealership defendants’ motion to compel arbitration pursuant to an arbitration agreement the plaintiffs were allegedly induced to sign. First, the...more

Supreme Court (Re)hears Oral Argument On Application Of Automobile Dealer Exemption To Service Advisors

by Jackson Lewis P.C. on

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Navarro. At issue is whether “service advisors” at dealerships are covered by what’s known as the “automobile dealer”...more

2017 in Review: Three State Enforcement Trends Impacting the Auto Finance Industry

Auto lenders, like many private citizens, began 2017 curious as to what change the impending Trump administration would bring. In the landscape of government enforcement, however, the consensus amongst industry participants...more

Pickups and Crossover SUVs Celebrate Banner Year While Total U.S. Car Sales Dip Slightly in 2017

by Foley & Lardner LLP on

The U.S. auto industry closed out December to reach a third straight year of over 17 million cars sold. Overall, however, car sales were 1.8% lower in 2017 than in 2016, ending a 7 year streak of increasing auto sales...more

Vending Machines for Cars? Automated Car Vending Expanding Around the Globe

by Foley & Lardner LLP on

U.S. Automaker Ford and Chinese e-commerce and technology company Alibaba are teaming up to test a new system of direct-to-consumer auto sales … via a fully automated car vending machine. In January 2018, Alibaba plans to...more

The preclusive effect of a Congressional override of the CFPB dealer pricing bulletin: we think Professor Levitin’s premise is...

by Ballard Spahr LLP on

As we reported recently, the Government Accountability Office has determined that CFPB Bulletin 2013-02 on dealer pricing in indirect auto finance (“Dealer Pricing Bulletin” or “Bulletin”) is a “rule” subject to review under...more

SUV Sales Again Carrying the Auto Industry

by Foley & Lardner LLP on

If it seems like déjà vu, it’s not just you: SUVs are again leading the charge on new vehicle sales. Buoyed by low gas prices and growing millennial families, SUV sales have increased by 6 percent from 2016 to 2017 (through...more

What Can You Get for $535?

by Fisher Phillips on

An expensive lawsuit. Let’s say you have a service advisor who is paid $525 per week, plus commissions. The service advisor makes a blatant and careless mistake on a customer invoice, costing your dealership $535. The...more

Auto Dealerships And What Dealerships Can Do

by Jackson Lewis P.C. on

Automobile dealerships’ cybersecurity vulnerabilities can drive away customers, according to a survey by auditing firm Total Dealer Compliance. Automotive News said the survey of 200 dealerships in five states found...more

Former Dealership Employee Nabs $1.3 Million Verdict In Disability Discrimination Suit

by Fisher Phillips on

Why should your dealership conduct thorough investigations into possible employee misconduct and document poor performance before termination? A Florida court just gave 1.3 million reasons....more

What Does “Buy American, Hire American” Mean For Your Dealership?

by Fisher Phillips on

We’ve heard domestic manufacturers push “American-made” slogans for years. Whether it was “See the USA in your Chevrolet,” or “The heartbeat of America” from Chevrolet, or Plymouth’s infamous, “Isn’t that the kind of car...more

In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy

Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to,...more

Service Advisors at Auto Dealerships: An FLSA Exemption Case Makes its Way Back to the Supreme Court

by McNees Wallace & Nurick LLC on

The United States Supreme Court will address again whether service advisors are exempt from overtime compensation requirements of the Fair Labor Standards Act (“FLSA”)....more

CFPB Issues Final Rules on Payday and Vehicle Title Loans—Little Impact for Auto Lenders

The Consumer Financial Protection Bureau (CFPB) issued its final rule on payday, vehicle title, and certain high-cost installment loans. The new rule is effective in 2019 and imposes stringent underwriting requirements and...more

Non-Signatories Succeed In Compelling Arbitration In State Courts

The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts are addressing non-signatory issues using different standards and raise important drafting issues for...more

Upcoming SCOTUS Term Promises To Be A Blockbuster

by Fisher Phillips on

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

Supreme Court To Again Evaluate Whether Auto Service Advisors Are Exempt From Overtime

by Tonkon Torp LLP on

On September 28, 2017, the United States Supreme Court agreed to revisit the question of whether service advisors at car dealerships are exempt from overtime. The federal FLSA exempts from overtime "any salesman,...more

Service Adviser Exemption Goes Back to the Supreme Court

by Franczek Radelet P.C. on

On September 28, 2017, the U.S. Supreme Court agreed to hear a case in which the Court will be asked to decide whether the FLSA’s overtime exemption covering “any salesman, partsman, or mechanic primarily engaged in selling...more

Tennessee Business Court Awards Big Bucks against Violator of Tennessee Consumer Protection Act

by Butler Snow LLP on

On May 23, 2017, in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al., No. 16-117-BC, the Tennessee Business Court found that the only remaining defendant, Raymond Enriquez, had defrauded the plaintiff and...more

Lessons From Two Auto Dealer Arbitrations About Nonsignatories

In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly enforced. No third party...more

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

by Carlton Fields on

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

232 Results
View per page
Page: of 10

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.