The Complaint: Certified Used Vehicle Program Challenged in Consumer Dispute
A California consumer filed suit against a global automotive manufacturer and one of its authorized dealerships following the purchase of a certified used vehicle. The plaintiff alleged that the vehicle had undisclosed prior damage and persistent mechanical issues despite being advertised and sold as part of the manufacturer’s certified used vehicle program.
The complaint included claims for breach of warranty, fraud, negligent misrepresentation, and violations of state consumer protection statutes. At the heart of the allegations was the assertion that the manufacturer and dealership failed to follow the certification process standards, resulting in the sale of a vehicle that did not qualify for certification.
Although the plaintiff was later compensated for the vehicle, she continued to pursue injunctive relief. Specifically, she sought to enjoin or restructure the certified used vehicle program, claiming that it misled consumers and lacked adequate oversight. A bench trial was scheduled to determine whether the requested relief was appropriate.
The Ask: An Economist with Regulatory and Market Impact Expertise in the Automotive Industry
The defense sought an economist who could evaluate the potential impact on the U.S. used vehicle market if the court ordered changes to, or a shutdown of, the certified used vehicle program.
The expert would be asked to assess the broader economic consequences of enjoining the program, including potential effects on vehicle pricing, market behavior, consumer confidence, and dealership operations.
The ideal expert needed a deep understanding of automotive market dynamics and consumer trends, as well as experience modeling economic outcomes tied to changes in certification programs or regulatory frameworks. The expert would also need to be prepared to deliver findings in a format suitable for use in a bench trial.
How DOAR Was Able to Meet the Expert Need
DOAR actively recruited a diverse group of leading experts to support our clients in anticipation of an influx of automotive disputes. For this case, DOAR recommended an expert with extensive experience in automotive industry economics, vehicle demand forecasting, and market impact analysis.
The expert has held senior roles at major automotive manufacturers, academic research centers, and market intelligence firms. His work has focused on evaluating how regulatory actions, certification programs, and consumer trends shape the automotive marketplace. He has also presented economic findings to U.S. Congressional Committees, federal and state agencies, and investor groups, and has served as a testifying expert in commercial litigation, including preparing reports and testimony for use in bench trials.
DOAR also recommended a research assistant to support the lead economist’s work. The research assistant provided research and analytical support to the case, contributing to document review and early-stage market analysis related to the certified vehicle program.
How DOAR Can Assist in Automotive Disputes
At DOAR, we focus on industries facing complex litigation and build expert teams composed of world-class academics, industry executives, and former government regulators.
Our automotive experts assist counsel in a wide range of automotive disputes, including consumer protection and product liability claims, patent disputes, and complex commercial matters. With deep knowledge of automotive design, engineering, manufacturing, and market economics, our expert teams are positioned to address the evolving challenges facing today’s automotive industry.
