At Charapp & Weiss, LLP, we help auto dealers navigate the complex intersection of technology, consumer protection, and regulatory compliance. As digital engagement expands and enforcement grows more aggressive, two key areas have become flashpoints for legal exposure: online data privacy and interactions with non-English speaking consumers.
A Wake-Up Call from the Ninth Circuit
In Briskin v. Shopify Inc., the Ninth Circuit issued a decision with far-reaching consequences for businesses operating online—especially dealerships with websites accessible across state lines. Shopify, a Canadian company, and two of its wholly-owned United State subsidiaries, both Delaware corporations, were sued after cookies placed on a California consumer’s device collected personal data without his knowledge or consent. The court ruled that jurisdiction was proper in California, even though Shopify didn’t intentionally target the consumer.
The decision effectively created a “traveling cookie” rule: if your dealership’s website installs cookies on a consumer’s device, you may be subject to that consumer’s state laws—no matter where your dealership is located.
The Maryland Online Data Privacy Act (MODPA)
Dealers should also be aware of Maryland’s Online Data Privacy Act (MODPA), which goes into effect October 1, 2025. The law imposes substantial data privacy obligations on any business that:
- Processes personal data of 35,000 or more consumers annually (excluding for payment processing), or
- Processes personal data of 10,000 or more consumers and derives over 20% of gross revenue from selling personal data
MODPA grants Maryland residents the right to access, correct, delete, and opt out of the sale of their data. It also requires businesses—including dealerships—to implement specific data security practices and respond to consumer requests within 45 days.
Violations are considered unfair, abusive, or deceptive trade practices under Maryland’s Consumer Protection Act, with penalties reaching up to $10,000 per violation and $25,000 per violation for repeat offenders.
Why Dealers Nationwide Should Pay Attention
Even if your dealership is not based in Maryland or California, you may still fall under these laws if you serve customers in those states—intentionally or not. For example, a Virginia dealer selling to Maryland residents could trigger MODPA obligations. Similarly, online ads or tools that track consumer behavior could expose your dealership to jurisdiction in other states.
Charapp & Weiss encourages dealers to audit how their websites and digital vendors collect data, and to consider working with privacy compliance providers such as ComplyAuto to reduce exposure.
Serving Non-English Speaking Customers Without Violating the Law
Dealerships frequently negotiate with customers in languages other than English—especially in diverse markets. While most of these transactions are conducted in good faith, problems arise when the final contract, written in English, does not match the negotiated terms.
When this happens, it may constitute a deceptive practice under federal law (UDAAP) and violate state consumer protection laws—even if the customer signs the contract without protest.
Key State Requirements
Some states go further:
- California: Contracts negotiated in Spanish, Tagalog, Chinese, Vietnamese, or Korean must be translated fully before signing (Cal Civ Code § 1632). In Graciano v. Robinson Ford Sales, Inc., the court found the dealership liable for failing to provide a Spanish translation of a contract that included different financial terms than those negotiated.
- Nevada: Requires full translations of contracts and credit applications when negotiations or advertisements are in a foreign language (Nev. Rev. Stat. Ann. § 598.9733).
Best Practices from Charapp & Weiss
- Don’t rely on your employees to translate—have customers bring their own interpreter if needed.
- Document the presence of the translator in the deal file.
- Ensure contracts reflect exactly what was negotiated, especially if conducted in a language other than English.
- Never add unauthorized products or fees to final paperwork.
Final Thoughts
At Charapp & Weiss, we understand that dealerships thrive on relationships—many of which are built online or across language barriers. But those same opportunities come with legal complexities that can put your business at risk.
Whether it’s protecting your dealership from data privacy claims or ensuring transparent practices with non-English speaking consumers, our team is here to help you navigate the road ahead. Stay proactive, stay compliant, and don’t wait for a lawsuit or state inquiry to act.