GeorgiaSB 812025-2026 Regular SessionSenate

Motor Vehicle Franchise Practices; protection of consumer data in motor vehicle sales; provide

Sponsored By: Matt Brass (Republican), Ed Harbison (Democrat), Harold Jones II (Democrat), John F. Kennedy (Republican), Carden Summers (Republican), Larry Walker (Republican)

Signed by Governor

Regulated IndustriesRegulated Industries and UtilitiesGeneral Bill

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 7 benefits, 1 costs, 2 mixed.

Dealers gain control over data access

Vehicle companies cannot require direct or indirect system access to obtain consumer data; dealers can use common files and chosen vendors. Direct access needs separate written dealer consent, which dealers can withdraw with 30 days' written notice. Outside companies covered by the law also need prior written consent to access, sell, share, copy, use, or send protected data. That data includes consumer personal and financial information, vehicle diagnostic data, and dealer business data stored in dealer systems. Outside-company consent must state its scope and duration; dealers can revoke it with 30 days' notice, or immediately with cause. Covered outsiders cannot impose data-access overcharges, block dealer control, or unreasonably restrict approved connections, including those meeting industry standards. For incentive programs starting on or after July 1, 2019, consent cannot be required unless access is needed to implement the program.

Dealers get protection from data-related claims

Covered vehicle companies and representatives must cover dealer claims and damages caused by their unlawful consumer-data access, use, or disclosure. Vendors, approved integrators, and contracted third parties must cover claims caused by their willful, negligent, or impermissible data misuse or disclosure. Covered costs include judgments, settlements, fines, penalties, legal defense, attorneys' fees, and breach notices. Dealers, vendors, and integrators have limited responsibility for another party's direct actions or actions properly following the dealer's written request. Those limits apply when the actions block legal data-protection duties or cause liability; these rules do not promise household payments.

Dealers receive remote-feature and charge details

Manufacturers and distributors must identify each vehicle feature they can start, update, change, or maintain remotely. Their written disclosure to dealers must list related consumer charges known at the time of the transaction. They can satisfy the rule by directing dealers to the information on a public website or other digital source. Dealers may share this information with potential buyers.

Secure dealer connections with fee limits

When dealers ask, data-system vendors must provide a secure open connection for an approved integrator hired under written contract. The connection must provide the data access and control needed for the contracted work. Vendors must offer a standard connection framework, including when using STAR automotive technology standards or comparable systems. If open software connections stop being a reasonable standard, vendors must provide an open method with equal or better security. Data-access charges for these connections cannot exceed direct integration costs.

Dealers gain data recovery and switching rights

Dealers can end data-vendor or integrator contracts with no more than 90 days' notice. After notice, the vendor or integrator must securely move protected data to a successor within a commercially reasonable time. Transition duties include usable data transfers, return or deletion as directed, recipient lists on request, and access audits. Vehicle companies and vendors cannot block dealers from monitoring data access, auditing data changes, or complying with applicable law. They also cannot block data backups or copies of critical system parts for recovery after breaches or other system failures. These dealer rights cannot be waived; dealers need not audit, others need not supply backup tools, and existing data duties remain.

Dealers get paid for remote-update help

Vehicle brand companies, manufacturers, or distributors must pay dealers for helping retail buyers or lessees with needed remote changes, repairs, or updates. Help must occur at the dealership or involve dealership staff at another location approved by the manufacturer or distributor. The customer must request the help, or the company must request it on the customer's behalf.

Fairer vehicle supply and dealer treatment

Vehicle brand companies must explain their allocation process in writing within 30 days of a dealer's written request. Vehicle quantities must be fair among the state's dealers selling the same make, without unfair discrimination. Temporary supply problems beyond company control, or allocation changes required by law, can excuse delayed or limited deliveries. Companies also cannot take major negative actions based on unfair, unreasonable, unequal, inaccurate, or irrelevant dealer performance measures. This protection includes decisions about incentive participation and incentive or reimbursement payments.

Dealer diagnostic data rights stay limited

The law does not give new-vehicle dealers broad ownership, use, or sharing rights over vehicle diagnostic data. Dealer rights extend only as far as needed for customer warranty, repair, or service work. It does not create broader diagnostic-data access or sharing rights for customers.

Dealer sales locations face defined limits

New-vehicle dealers must conduct covered sales activities at a registered Georgia business location or a temporary site. Covered activities include sales, leases, binding negotiations, deposits, payments, specific-vehicle reservations, and binding trade-in values. Nonbinding online price or financing displays fall outside this rule. Reservations also fall outside it when final sale terms remain with a franchised dealer.

Consumer data safeguards with allowed uses

Vehicle companies and their representatives must follow privacy laws, avoid causing dealer violations, and describe safeguards when dealers ask. Once every six months, dealers can request a written report covering consumer data obtained during the previous six months. It must identify recipients and the exact data fields shared, excluding specified service providers, consented recipients, and legally barred disclosures. Companies retain lawful access to necessary customer information tied only to their own vehicle makes. Allowed purposes include safety notices, recalls, delivery, incentives, warranties, market analysis, customer feedback, and reasonable marketing that helps dealers.

Sponsors & Cosponsors

Cosponsors

Alan Powell
Republican • House

Roll Call Votes

All Roll Calls

Yes: 217 • No: 6

House vote • 3/13/2025

PASSAGE

Yes: 165 • No: 5 • Other: 5

Senate vote • 2/18/2025

PASSAGE BY SUBSTITUTE

Yes: 52 • No: 1

Actions Timeline

Effective Date
7/1/2025
Senate Date Signed by Governor
5/14/2025Senate
Act 282
5/14/2025
Senate Sent to Governor
4/7/2025Senate
House Third Readers
3/13/2025House
House Passed/Adopted
3/13/2025House
House Committee Favorably Reported
2/26/2025House
House Second Readers
2/20/2025House
House First Readers
2/19/2025House
Senate Third Read
2/18/2025Senate
Senate Passed/Adopted By Substitute
2/18/2025Senate
Senate Read Second Time
2/13/2025Senate
Senate Committee Favorably Reported By Substitute
2/12/2025Senate
Senate Read and Referred
2/4/2025Senate
Senate Hopper
2/3/2025Senate

Bill Text

SB 81/AP* (v8)
PDF

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