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ARTICLE · 18 JANUARY 2021

Tire Purchaser's Standing Argument Fails To Gain Traction With The Third Circuit

A few weeks ago, the U.S. Court of Appeals for the Third Circuit decided Thorne v. Pep Boys Manny Moe & Jack Inc.

United StatesLitigation, Mediation & Arbitration

A few weeks ago, the U.S. Court of Appeals for the Third Circuit decided Thorne v. Pep Boys Manny Moe & Jack Inc.,1 a case involving the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 that require tire dealers to assist buyers with registering their newly purchased tires with the manufacturer.2 The statute's implementing regulation, 49 C.F.R. § 574.8, provides several ways for tire dealers to comply with their registration obligations, including furnishing buyers with registration forms and sending their registration information to the manufacturer. The issue before the court was whether a buyer has standing to sue a tire dealer who fails to comply with the regulation.

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