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GeorgiaSB 812025-2026 Regular SessionSenateWALLET

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), Steven McNeel (Republican), Carden Summers (Republican), Larry Walker (Republican)

Became Law

Regulated IndustriesRegulated Industries and UtilitiesGeneral Bill

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 4 benefits, 0 costs, 3 mixed.

Dealers control data access and APIs

A manufacturer or vendor cannot force a dealer to give direct or indirect access to the dealer’s data system. Any consent must be in a separate writing and can be withdrawn with 30 days’ notice, or immediately for cause. For incentive programs that began on or after July 1, 2019, consent cannot be required unless needed to run the program. No third party may access protected dealer data without the dealer’s prior written consent. Vendors may not charge more than direct integration costs and must provide a secure open API with the needed endpoints to authorized integrators on a dealer’s request, without access overcharges. Vendors must use a standard integration framework and allow reasonable STAR‑compatible integrations.

Dealer audits, backups, and 90-day exit

Manufacturers and their agents must follow all consumer‑data laws and cannot make dealers break them. Dealers can regularly monitor and audit data access, and can copy and back up their data to protect operations. Contracts must let dealers end a vendor or integrator with no more than 90 days’ notice, and the vendor or integrator must ensure a secure data transition in an accessible format and, if asked, list who received the data and allow an audit. On written request, once every six months, dealers get a written list of consumer data obtained and the recipients from the prior six months. On request, manufacturers must also provide a written statement of their data‑safeguard procedures. These rights cannot be waived by any contract or incentive program.

Remote updates: clear fees and dealer pay

Manufacturers or distributors must give dealers a written list of features that can be changed by remote updates and any consumer charge known at the time of sale or lease. They may instead point dealers to a public website with the same information. When a customer or the manufacturer asks a dealer to help with a remote change, repair, or update at the dealership or an authorized location, the manufacturer or distributor must pay the dealer for that assistance.

Fair dealer payments and allocations

Franchisors cannot take materially adverse actions against a dealer based on performance rules unless the rules are fair, reasonable, and based on accurate, relevant data. A franchisor cannot deny, delay, restrict, or bill back incentives, hold‑backs, or other amounts owed when the only reason is that the dealer followed the law instead of a conflicting program rule. If a dealer asks in writing, the franchisor must explain its vehicle allocation process in writing within 30 days. A reasonable quantity of vehicles must be fair and not unfairly discriminatory among same‑line dealers.

Allowed manufacturer data uses and limits

The law lets manufacturers and distributors use customer information tied to their own makes when needed for recalls, completing sales and delivery, paying incentives, warranty claims, market analysis, customer satisfaction checks, and reasonable marketing that benefits the dealer. It also clarifies limits: it does not give dealers ownership or broad sharing rights in vehicle diagnostic data beyond repair or warranty needs, does not cover data outside dealer systems, and does not change other duties manufacturers already have.

Who pays for data misuse

Vendors, integrators, and third parties must indemnify dealers for third‑party claims and costs that arise from willful, negligent, or impermissible use or disclosure of protected dealer data. Manufacturers and their affiliates must also indemnify dealers for harms caused by their illegal access, use, or disclosure of consumer data. Dealers are not responsible when a vendor’s or integrator’s actions prevent compliance or create liability; likewise, vendors and integrators are not responsible when the dealer’s own actions cause the problem. In any claim under these data‑protection rules, the person bringing the claim must prove the facts.

What counts as dealer activity

The law explains which actions count as acting as a new motor vehicle dealer. Selling or leasing, taking deposits or payments, processing a reservation for a specific vehicle, or negotiating a binding trade‑in value all count. Sharing MSRP, display‑only events, public websites with nonbinding conditional prices, facilitating deposits for a dealer, routed reservation systems where final terms are set by the franchised dealer, and processing a sold order entered by a franchised dealer do not count.

Sponsors & Cosponsors

Sponsors

  • Matt Brass

    Republican • Senate

  • Ed Harbison

    Democrat • Senate

  • Harold Jones II

    Democrat • Senate

  • Steven McNeel

    Republican • Senate

  • Carden Summers

    Republican • Senate

  • Larry Walker

    Republican • Senate

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

Senate vote • 2/18/2025

PASSAGE BY SUBSTITUTE

Yes: 52 • No: 1

Actions Timeline

  1. Effective Date

    7/1/2025

  2. Senate Date Signed by Governor

    5/14/2025Senate

  3. Act 282

    5/14/2025

  4. Senate Sent to Governor

    4/7/2025Senate

  5. House Third Readers

    3/13/2025House

  6. House Passed/Adopted

    3/13/2025House

  7. House Committee Favorably Reported

    2/26/2025House

  8. House Second Readers

    2/20/2025House

  9. House First Readers

    2/19/2025House

  10. Senate Third Read

    2/18/2025Senate

  11. Senate Passed/Adopted By Substitute

    2/18/2025Senate

  12. Senate Read Second Time

    2/13/2025Senate

  13. Senate Committee Favorably Reported By Substitute

    2/12/2025Senate

  14. Senate Read and Referred

    2/4/2025Senate

  15. Senate Hopper

    2/3/2025Senate

Bill Text

  • SB 81/AP* (v8)

    PDF

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