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Re:Tesla prevails in top Massachusetts court over direct sales by toomuchtodo on Tuesday September 16, 2014 @04:54PM (#8327062)
> I suppose that if Ford set up "showrooms" in the Natick Mall and tried to claim they weren't "franchises", the Court would consider reading the definition more broadly, but I'd rather any Court read statutes as being as minimally intrusive as possible: No franchise agreement? No problem.

Can Ford not put vehicles in public areas with associated literature (paper marketing, iPad kiosks, etc), and take orders from that mobile device or via a customer's phone?

The order takes place where the servers are (the same as when you buy a Model S on teslamotors.com), and you would be prohibiting the corporation's freedom of speech (finally! a use for Citizens United that sucks less) by preventing them from putting a vehicle out in public (if they have approval of whomever owns/controls the underlying space).

Re:Tesla prevails in top Massachusetts court over direct sales by fleitz on Tuesday September 16, 2014 @05:07PM (#8327123)
If Ford has franchise dealerships in MA then they may not do this, if they don't have dealerships then they may.

Citizen United was about political speech, not selling cars. There's a long history of the court taking differing approaches to commercial speech vs political speech. Ford most likely could open up stores to distribute political literature. They could even likely make a Ford movie. What they can't do is sell cars.

The court generally errs on the side of the people when it comes to political speech and on the side of the state when it comes to commercial speech. I don't see Ford having much of a case opening up dealerships under Citizens United.

Re:Tesla prevails in top Massachusetts court over direct sales by nradov on Tuesday September 16, 2014 @08:32PM (#8327858)
Ford (and other manufacturers) do put on demo events in public areas where customers can test drive vehicles with no sales pressure and pick up marketing literature. But if you actually want to buy they'll point you to a local dealer, and may have some dealer reps on hand to help. http://www.ford.com/newsevents/events/eventsdetail/?id=351

The other model that some legacy manufacturers are working on is to let customers go through the whole purchase process on their corporate web site and then just take delivery through the local dealer. The dealers are happy with this arrangement since they still get to profit on the sale and don't have to do any sales work.