ASA Signs Letter Urging CT DMV Commissioner to Reconsider Interpretations of New Law

Today, ASA joined with five other organizations in sending a letter to Connecticut Department of Motor Vehicle Commissioner Tony Guerrera. The letter respectfully urges Commissioner Guerrera to reconsider his interpretation of a new law passed by the state legislature - and in effect starting October 1, 2023 - intended to better inform drivers on open recalls on their vehicles.

"...with regard to excluding new car dealers from compliance with Public Act No. 23-40 New Section 24," the letter states, "The Connecticut General Assembly just passed New Section 24 because consumers haven’t been receiving lawfully required timely notice of recalls. Excluding new car dealers would be more than anti-competitive—it would undermine the law’s objective."

The letter also requests Commissioner Guerrera revise his position his position on qualifying notifications by allowing "providing consumers with the National Highway Traffic Safety Administration (NHTSA)’s website link to get a free download of the SaferCar App to satisfy providing recall information in writing."

ASA and its partners originally sent a letter to Commissioner Guerrera on September 15 to determine if automotive dealerships would be subject to the same recall notification requirements to which vehicle repair and service providers are subject under the new law. It also sought clarity on whether certain forms of digital communications qualified as "written notification."

The letter's signatories received the Commissioner's response on October 2. He noted in that letter that, "The Department of Motor Vehicles (DMV) does not interpret applicable provisions to include a new car dealer." He also stated that "providing an online link to where consumer can find [open recall] information online...would not be sufficient."