The Scout Times

[J Alynn]

Tennessee denies Scout Motors direct sales dealer license application

Tennessee denies Scout Motors direct sales dealer license application

The Tennessee Motor Vehicle Commission denied Scout Motors a direct-to-customer dealer license last week, citing the company’s ownership structure as violating state law that prohibits compet…

www.repairerdrivennews.com

So will SM keep trying since this is a commission and not a court of law or is it essentially the same thing. What a bunch of BS

 

[cyure]

This is such garbage. Just utter garbage. "According to the [Tennessee Motor Vehicle] commission, multiple Volkswagen dealers in Tennessee oppose Scout selling its vehicles in the state because they contend Volkswagen owns the company, which already sells its vehicles there." So let me get this straight. OEM dealers are mad that they're going to have competition in their state. Their complaints based on unsupported conclusions. Yet you side with them? It's pretty obvious here who butters the commission's bread.

@Jamie@ScoutMotors I was interested in possibly working for Scout. I love my current job, and don't want to leave, but I believe in Scout so much it had a draw. Alas, I missed out on your legal hiring. I've been defending lawsuits for 22 years and also advising human resources. Prefer the HR work, but I like the fight of litigation. Currently in-house doing both. I'll be happy to come to work for Scout and crack some skulls! My family and I will happily move to Charlotte where the weather is much nicer in the winter!

I appreciate your legal analysis on the hub. Thank you.

 

[Jamie@ScoutMotors]

So will SM keep trying since this is a commission and not a court of law or is it essentially the same thing. What a bunch of BS

We will take the next steps...

 

[Jamie@ScoutMotors]

This is such garbage. Just utter garbage. "According to the [Tennessee Motor Vehicle] commission, multiple Volkswagen dealers in Tennessee oppose Scout selling its vehicles in the state because they contend Volkswagen owns the company, which already sells its vehicles there." So let me get this straight. OEM dealers are mad that they're going to have competition in their state. Their complaints based on unsupported conclusions. Yet you side with them? It's pretty obvious here who butters the commission's bread.

@Jamie@ScoutMotors I was interested in possibly working for Scout. I love my current job, and don't want to leave, but I believe in Scout so much it had a draw. Alas, I missed out on your legal hiring. I've been defending lawsuits for 22 years and also advising human resources. Prefer the HR work, but I like the fight of litigation. Currently in-house doing both. I'll be happy to come to work for Scout and crack some skulls! My family and I will happily move to Charlotte where the weather is much nicer in the winter!

I would say, keep your eyes on our hiring as we are still very much ramping up.

 

[cyure]

We will take the next steps...

Great to hear.

 

[J Alynn]

We will take the next steps...

Sounds ominous-I love it! Just wish you didn’t have to deal with all of it. It’s a shame when payoffs supersede common sense

 

[speedrye]

Sounds ominous-I love it! Just wish you didn’t have to deal with all of it. It’s a shame when payoffs supersede common sense

I thought the same thing and my first thought was "Molotov..."

 

[Broverlander]

I appreciate your legal analysis on the hub. Thank you.

Sounds ominous-I love it! Just wish you didn’t have to deal with all of it. It’s a shame when payoffs supersede common sense

I agree 100%. Political fallout shouldn't supersede whether you're entitled to the license or not. Just because some competitors are whining doesn't mean SM isn't entitled to a license.

To your earlier question though @J Alynn, normally commissions like these are what we call "administrative bodies." Normally there's an appeal process for decisions coming from "administrative bodies." Sometimes the next step is the head of that body. If that appeal is denied, then it typically goes to normal court and then you fight with the State about whether SM is entitled to a license in TN or not. The exact process will depend on TN law. I'm not licensed there so I can't speak to it, but the process I outlined is pretty typical from state to state. My only concern would be with what we call a "standard of review," that is, what deference the actual court pays to the commission's decision. What Scout wants is another bite at the apple. A court to look at the issue without paying any mind to what the commission said. If this happened in MN, I think I could make a good argument that the actual court court ignore the commission. I'm sure if there's button to press under TN, Scout will press it.

 

[speedrye]

I agree 100%. Political fallout shouldn't supersede whether you're entitled to the license or not. Just because some competitors are whining doesn't mean SM isn't entitled to a license.

To your earlier question though @J Alynn, normally commissions like these are what we call "administrative bodies." Normally there's an appeal process for decisions coming from "administrative bodies." Sometimes the next step is the head of that body. If that appeal is denied, then it typically goes to normal court and then you fight with the State about whether SM is entitled to a license in TN or not. The exact process will depend on TN law. I'm not licensed there so I can't speak to it, but the process I outlined is pretty typical from state to state. My only concern would be with what we call a "standard of review," that is, what deference the actual court pays to the commission's decision. What Scout wants is another bite at the apple. A court to look at the issue without paying any mind to what the commission said. If this happened in MN, I think I could make a good argument that the actual court court ignore the commission. I'm sure if there's button to press under TN, Scout will press it.

Sounds like Scout will be needing more lawyers soon, in a variety of states, so you might be in luck!