Consumers Swallow Another Lemon: Agency Consent Order Preemption of State Lemon Law Standards for Informal Dispute Resolution - General Motors v. Abrams

Authors

Gregory L. Barnes

Abstract

This Note will first examine the background of GM v. Abrams, which involves a successful attempt by General Motors (GM) to use a Federal Trade Commission (FTC) consent order to block the application of New York's "Lemon Law" 6 to the arbitration program contained in the order.7 Second, it will discuss the legal context of the dispute (chiefly the extension of the federal preemption doctrine to "implicitly preemptive" agency consent orders). Third, it will outline the court's application of that doctrine in the instant case. Finally, it will offer a critical evaluation of both the legal and policy grounds of the decision, concluding with suggestions for legislative action which would sharpen the resolution of the issues involved, enhance the fairness and progress of informal dispute resolution, and better protect the consumer.

Recommended Citation

Gregory L. Barnes, Consumers Swallow Another Lemon: Agency Consent Order Preemption of State Lemon Law Standards for Informal Dispute Resolution - General Motors v. Abrams, 1990 J. Disp. Resol. (1990)
Available at: https://scholarship.law.missouri.edu/jdr/vol1990/iss1/9