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Risk Based Pricing

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District Court (D.C.) Finds Against Car Dealer Association’s Claim against the FTC on FACTA Risk Based Pricing

by Scott J. Hyman |

Yesterday, the FTC prevailed against the National Automobile Dealers' Association's challenge to the FTC's Risk Based Pricing Rules under FACTA.  The FTC's Motion to Dismiss was granted and the NADA's Summary Judgment Motion was denied.  (National Auto. Dealers Ass'n v. F.T.C., --- F.Supp.2d ----, 2012 WL 1854088 (D.D.C. 2012) Judge Huvelle summarized the case as follows: The National Automobile Dealers… Read More

D.C. Court of Appeals Finds Procedural Impediment to NADA’s Lawsuit in Circuit Court Challenging FTC’s Risk-Based Pricing Rules under FACTA

by Scott J. Hyman |

In National Auto. Dealers Ass'n v. F.T.C., --- F.3d ----, 2012 WL 695526 (C.A.D.C. 2012), the NADA’s challenge to the FTC’s “risk-based pricing rules” hit a procedural snag in the D.C. Circuit Court, which found that the matter must first be initiated in the District Court. The Circuit Court described the challenge as follows: In 2003, Congress passed the Fair… Read More