A safety inspection for a vehicle that your dealership is going to offer for sale to the public is not just a good idea, it is required by law. A proper safety inspection can reveal potential problems with a vehicle and act as an insurance policy which confirms that a vehicle sold by your dealership was in a safe condition prior to that sale. Cal. […]
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 […]
So you have sold a vehicle. You have informed the customer that, per the Retail Installment Sales Contract, any and all disputes they may have with either the purchased vehicle or your dealership are subject to arbitration. A dispute arises, you bring the case to our attention, and more likely than not, your case is no longer in the hands of the Superior Court with a more than likely hostile […]
Starting January 27, 2018, the Federal Trade Commission will require all used automobile dealers to use a revised Buyers Guide. The revised Buyers Guide: Changes the description of an “As Is” sale; Places boxes on the face of the Buyers Guide that dealers can check to indicate whether a vehicle is covered by a third-party warranty and whether a service contract may be available; Provides a box that dealers can check […]
In June of 2015, on behalf of one of our dealers, our firm secured an order, by the United States District Court for the Central District of California, dismissing a complaint against our client for violations of the Americans with Disabilities Act (“ADA”). The complaint essentially alleged that our client violated the ADA by failing to install temporary vehicle hand controls for test-drives by a disabled consumer. We immediately filed […]
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, […]
