On April 2, 2018, the United States Supreme Court issued its opinion in Encino Motorcars, LLC v. Navarro, et al. No. 16-1362 (“Encino”). In Encino, the Court reversed a Ninth Circuit Court of Appeals Decision and ruled that automotive service advisors are exempt employees not entitled to overtime wages per the Fair Labor Standards Act (“FLSA”) 52 Stat. 1060. (Opinion Pg. 1.) The Court ruled that automotive service advisors are […]
Given the prevalence of vehicle history reports such as CarFax and AutoCheck, and consumers’ demand for the same when they purchase used vehicles, an issue has arisen regarding a dealership’s obligation to report a mileage discrepancy when that discrepancy is solely created by a third-party notation on a vehicle history report. The most common situation usually arises where a dealer purchases a vehicle at auction, where the vehicle is not […]
Yesterday the United States Supreme Court issued its opinion in Henson, et al. v. Santander Consumer USA Inc. (2017) 16-349. In Henson, the Court resolved an issue as to the applicability of the Fair Debt Collection Practices Act, 15 USCS § 1692, et seq. Specifically, the Court took up the issue of “who exactly qualifies as a ‘debt collect’ subject to the Act’s rigors.” (Henson Pg. 1.) In this case, […]
The California Supreme Court has again taken up the issue of an individual consumer’s ability to obtain remedies for similarly situated third parties. This change in the law may have a significant impact in the auto sales/auto finance industry. The California Supreme Court recently ruled in McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, that companies cannot require individuals to waive their right to seek remedies for the public benefit, […]
Advertising online is one of a dealer’s most valuable tools. It allows them to connect with their customers instantly. In an era where comparison-shopping can be done on a widespread scale over a specific location, dealers are taking every advantage available to them to ensure that their advertisements are noticed by a potential buyer. It is certainly no secret that consumers, by and large, are price driven in their search […]
In California, it is not unusual for dealerships to find customers who speak little or no English. According to the 2010 Census, for California residents age 5 and older, 42.98% spoke a language other than English as their primary language at home. (“Qualifying Urban Areas for the 2010 Census” Federal Register.) In 1976, the California Legislature enacted Cal. Civ. Code § 1632, which was done in light of “the state’s […]
