Lawsuit asserts that Volkswagen is illegally competing with its dealer partners and seeks civil penalties that could exceed $35 million
Sacramento, Calif.—The California New Car Dealers Association (CNCDA) filed a lawsuit in San Diego County Superior Court on Tuesday against Volkswagen and its affiliate, Scout Motors, for deliberately violating California’s franchise laws.
The lawsuit asserts that Volkswagen is illegally competing with its dealer partners through its affiliate, Scout Motors.
Volkswagen and Scout Motors are operating in direct violation of California Assembly Bill 473, a 2023 law that prohibits automakers from using affiliated brands to compete with their own franchised dealers.
Despite admitting to legislative leaders that AB 473 would cut off its ability to sell directly to consumers, Volkswagen, via Scout Motors, has taken deposits and is marketing Scout-branded vehicles to California consumers.
“While CNCDA represents 45 Volkswagen dealerships in California, this lawsuit sends a message to every automaker,” said Brian Maas, CNCDA President. “VW dealers would welcome the opportunity to sell Scout trucks and SUVs, but their manufacturer business partner is denying them that opportunity, in direct violation of California law.
“Volkswagen can’t pick and choose which vehicles to sell on its own or through its franchised dealer network, reserving the most profitable or desirable vehicles for itself. Illegal competition will harm not only dealers but also the communities and car buyers that they serve. That is why the Legislature unanimously approved this important law.”
The lawsuit alleges unfair competition and false advertising, and CNCDA is seeking to immediately stop Scout Motors’ illegal direct sales, as well as civil penalties that could exceed $35 million.
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