Tag Archives: federal regulation

Opening a lane for driverless cars

autonomous-car

Lawmakers in both the Senate and House think its time for the federal automotive regulations to catch up with the advances made in autonomous car technology. Continue reading

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Arbitration wins another court battle

court houseIt is quickly moving beyond dispute that federal consumer protection law favors binding arbitration over litigation. A North Carolina federal trial court recently joined two federal appellate courts in ruling that the federal warranty law, the Magnuson-Moss Warranty Act, does not ban binding arbitration provisions in consumer product warranties. This is good news for consumer product manufacturers, and better news for consumers if more companies turn to binding arbitration.

But still, auto, boat and RV companies, primary targets under the MMWA, shy away from going the arbitration route. Let’s hope this changes. Continue reading

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Call for Presenters — First Annual GWSCA Conference

GWSCA Logo

The Global Warranty and Service Contract Association (“GWSCA”) (www.gwsca.org) is now developing the agenda for our first annual conference, to be held in Chicago, the week of October 6, 2014. Continue reading

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Public policy favors arbitration of consumer and other civil disputes

In a recent post, we commented on Hyundai’s decision to abandon the arbitration clause in its new vehicle limited warranty. A reader pointed out that, generally, in consumer-dispute arbitration only the warrantor is bound by the award. The reader is correct that where a consumer protection statute or lemon law includes a state-run mandatory arbitration procedure, it generally permits a consumer dissatisfied with an award to reject it and proceed to litigation.

Contractual arbitration clauses, however, are reviewed under the Federal Arbitration Act (“FAA”) and generally enforced by the courts. Continue reading

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Does the new, tougher Chinese Lemon Law foreshadow things to come in the US?

Earlier this week, Steve Anderson, C.O.O. at The PHC Company, forwarded an article detailing a new Lemon Law now in effect in China. It is considerably more stringent than the prior law and commentators believe it will drive consolidation in China’s auto industry because of the increased economic pressures it places on smaller car makers. Continue reading

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