One of the first strategies OEMs often employ to avoid complying with a state’s franchise law protections is to argue that the laws do not apply to a dealer agreement that was executed prior to the passing of those statutes. This position allows the OEM to avoid compliance with necessary and...
Historically, the Dangerous Instrumentalities Doctrine has imposed strict liability on the owner of a motor vehicle whenever the owner “voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another.” However, companies that rent or lease vehicles became...
The California Consumer Privacy Act, effective Jan. 1, 2020, gives California consumers the right to take more ownership of their data. Among other requirements, the new law requires businesses to honor consumer demands to access personal information collected about them; be informed to whom their...
AB 179, California’s warranty reimbursement at retail legislation, was approved by the Governor on October 12, 2019. The approval of the legislation marks the end of a several year journey in which warranty reimbursement at retail legislation was being considered in California. AB 179’s passage brings...
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