Repairer Driven News’ Post

MDAFP makes new law governing Lyft, Inc. and other TNC vehicles in two cases of first impression. Specifically, the Appellate Division Second Department has held that a vehicle “being used to carry a passenger for hire within New York City at the time of the accident” is being operated as a “for hire vehicle,” rather than as a “TNC vehicle.” Therefore, claimant(s) seeking SUM coverage under the TNC policy issued to Lyft, Inc. do not qualify as insured(s) in those circumstances. Specifically, in order for the vehicle to be insured for SUM coverage under the TNC policy, the accident must have occurred while the driver was operating a “Transportation Network Company vehicle” that is providing a “transportation network company prearranged service.” The policy provides that a “prearranged service” expressly “does not include” transportation provided through a “for hire” vehicle as defined in New York City Administrative Code § 19-502. NYC Administrative Code Section 19-502 (g) defines a “for-hire vehicle” as “a motor vehicle carrying passengers for hire in the city” of New York. These Decisions will have wide implications for all TNC carriers that are now entitled to a permanent stay of arbitration sought by drivers and passengers in for hire vehicles being operated within the City of New York.

The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical data from telematics-equipped vehicles.  Meanwhile, it appears provisions of the law requiring manufacturers of vehicles that “use a telematics system” to comply […] www.Cyprus-CEO.com https://lnkd.in/dMiVZbn2 #CEO #business #management #marketing #tech #AI #legal #money Cyprus CEO

The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical data from telematics-equipped vehicles.  Meanwhile, it appears provisions of the law requiring manufacturers of vehicles that “use a telematics system” to comply […] www.Cyprus-CEO.com https://lnkd.in/dMiVZbn2 #CEO #business #management #marketing #tech #AI #legal #money Cyprus CEO

Connecticut dealerships, are you compliant with the VIN Etch Law? Global F&I Solutions LLC can help you learn how to do it correctly and add it to your optional menu of F&I products. VIN Etch is no different than VSC Gap and any other VPP voluntary protection products, so it should be offered with a menu. According to the FTC and CFPB, it's the law. Digital integration can make compliance requirements much easier to accomplish. Check out the link below to learn more about Connecticut Statutes 14-99h. #VINetch #F&Iproducts #compliance

The Competition Appeal Tribunal has now listed the next Truck Cartel legal action hearing for tomorrow, 18 July.     At the hearing, the RHA is optimistic it will be granted the Collective Proceedings Order (CPO) and that the 18,000+ operators who have signed up or registered will then be able to formally opt in and join the claim.     The Tribunal will likely grant everyone the opportunity to opt in until 31 December 2024.      You will be sent a ‘Rule 81’ Notice which is a formal document approved by the Tribunal which will include important details about the claim, including the basis upon which the claim has been certified, how the conflict of interest is being dealt with, how to opt in and the cutoff date for doing so.     Assuming the CPO is granted, the RHA will be contacting you in person and also via electronic means (through third party specialist data specialists Punter Southall Analytics and FinLegal) to help you opt in and preserve your claim for your trucks.     It is anticipated Punter Southall will also seek permission to access your Vehicle Operator Licence (VOL) details in order to verify the number of trucks you are claiming for and match those records to list price data.     More on what this means if you’re claiming for compensation here: https://obi41.nl/4hwnbu3t     If you have any queries, please email us at truckcartel@rha.uk.net. 

For my money, "right to repair" is one of the most interesting issues in competition/consumer protection today, and as cars and other consumer products become increasingly software- and data-driven, these issues will become even more salient. My colleague Ishita Rajani's panel, summarized below, was an excellent introduction to the topic.

Dive into the intricacies of the right-to-repair laws in the automotive industry. This comprehensive article features insights from Stephen Piepgrass, leader of #troutmanpepper’s Regulatory Investigations, Strategy + Enforcement (#RISE) Practice Group. Discover the potential benefits for consumers and independent repair shops, as well as the challenges and concerns for manufacturers and dealerships. #RightToRepair #AutomotiveIndustry

Lemon Laws Exposed: What Every Consumer Should Be Aware Of: If you are perpetually visiting the mechanic due to ongoing issues with your new car, you might have what is known as a "lemon." Within the legal domain, Lemon Laws pertain to consumer protection statutes that furnish purchasers of automobiles and other consumer goods with a legal avenue to recover damages for products that persistently fall short of quality and performance requirements.

Lemon Laws Exposed: What Every Consumer Should Be Aware Of: If you are perpetually visiting the mechanic due to ongoing issues with your new car, you might have what is known as a "lemon." Within the legal domain, Lemon Laws pertain to consumer protection statutes that furnish purchasers of automobiles and other consumer goods with a legal avenue to recover damages for products that persistently fall short of quality and performance requirements.

𝗖𝗼𝘂𝗿𝘁 𝗼𝗳 𝗔𝗽𝗽𝗲𝗮𝗹'𝘀 𝗽𝘂𝗯𝗹𝗶𝘀𝗵𝗲𝗱 𝗼𝗽𝗶𝗻𝗶𝗼𝗻 𝗵𝗼𝗹𝗱𝘀 𝘁𝗵𝗮𝘁 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗹𝗲𝗺𝗼𝗻 𝗹𝗮𝘄 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝘀 𝘂𝘀𝗲𝗱 𝗰𝗮𝗿 𝗯𝘂𝘆𝗲𝗿𝘀 𝘄𝗶𝘁𝗵 𝗮𝗰𝘁𝗶𝘃𝗲 𝗻𝗲𝘄-𝗰𝗮𝗿 𝘄𝗮𝗿𝗿𝗮𝗻𝘁𝗶𝗲𝘀 GMSR's clients discovered that their used vehicle was defective, but the manufacturer refused to repair or replace it.  They sued the manufacturer under California's lemon law, the Song-Beverly Consumer Warranty Act, which requires manufacturers to either replace defective cars or offer the consumer a refund.  The trial court sustained the manufacturer’s demurrer, following a recent opinion, 𝘙𝘰𝘥𝘳𝘪𝘨𝘶𝘦𝘻 𝘷. 𝘍𝘊𝘈 𝘜𝘚, 𝘓𝘓𝘊 (2022) 77 Cal.App.5th 209. The Court of Appeal's published opinion reversed the judgment and disagreed with 𝘙𝘰𝘥𝘳𝘪𝘨𝘶𝘦𝘻.  Agreeing with both GMSR and a more long-standing Court of Appeal opinion, 𝘑𝘦𝘯𝘴𝘦𝘯 𝘷. 𝘉𝘔𝘞 𝘰𝘧 𝘕𝘰𝘳𝘵𝘩 𝘈𝘮𝘦𝘳𝘪𝘤𝘢, 𝘐𝘯𝘤. (1995) 35 Cal.App.4th 112, the Court of Appeal held that the Act's repair-or-replace remedy applies to vehicles purchased used if the manufacturer's original warranty still hasn't expired.  Therefore, a consumer who purchases a previously-owned vehicle with an unexpired warranty can still invoke lemon law protections to enforce that warranty.  The Court of Appeal reasoned that the statute's plain language compels that result, and emphasized that in the nearly 30 years since 𝘑𝘦𝘯𝘴𝘦𝘯 was decided, the Legislature could have amended the law, but did not. This opinion is the first to address the split between 𝘙𝘰𝘥𝘳𝘪𝘨𝘶𝘦𝘻 and 𝘑𝘦𝘯𝘴𝘦𝘯.  Although 𝘙𝘰𝘥𝘳𝘪𝘨𝘶𝘦𝘻 held that the lemon law's refund-or-replace remedy does not apply to used vehicles, the California Supreme Court has granted review. https://lnkd.in/gCFzp5SY #appeals #lemonlaw Cindy Tobisman Joseph B. Rachel Beyda