Tesla, Rivian still face complicated direct sales laws across U.S. states

Today at 04:23 PM

Executives from both Tesla and Rivian have commented on the decades-long fight to overturn direct vehicle sales bans across many U.S. states, reigniting a long-held conversation in the electric vehicle (EV) community about dealership policy lobbying groups and online sales models.

Tesla has managed to side-step direct sales bans in many states through legal loopholes such as leasing-only models, processing purchases as out-of-state transactions, or simply opening stores in exempted tribal territories where the company’s stores will be exempt from dealership mandates. In other states, the company is still completely prohibited from selling vehicles, such as in Louisiana, where a U.S. appeals court just upheld Tesla’s right to sue the state over the direct-sales ban in August.

In Connecticut last July, Tesla managed to open a store on sovereign Mohegan tribal land, effectively side-stepping the U.S. state’s ability to prohibit direct sales. The Connecticut Automotive Retailers Association (CARA), a dealership lobbying group, immediately spoke out against the decision, though Tesla was backed by Governor Ned Lamont.

Elsewhere, Tesla, Rivian, and many others sporting a direct sales model also face state store limits, and some executives have recently highlighted the decades-long fight to overturn these kinds of laws.

Other states have bans on service centers, storefronts, or both, while some only allow Tesla to sell vehicles online, though they must make deliveries through a service center. The latter includes Texas, where Tesla’s headquarters is located and where it operates a U.S. Gigafactory. As for Rivian, it faces a similar situation through its Seattle retail “Space,” since company representatives are prohibited from sharing specific details on prices or receiving orders.

As such, the state-to-state laws can be difficult for EV companies like Tesla and Rivian to wade through and operate under, so it shouldn’t come as much of a surprise when they point to dealership lobbying practices that keep them in place as being bad—or to their local teams who are working on overdrive.

Rivian CEO on state-to-state dealership laws

In a report published on Thursday, Rivian CEO RJ Scaringe said that dealership franchise laws were “as close as you can get to corruption,” as stated during a discussion with InsideEVs about whether Rivian’s recent Volkswagen partnership could let the startup work through VW dealerships. The report has reignited long-held discussions about states where Tesla, Rivian, and others aren’t allowed to operate—and seemingly due to powerful lobbying from dealership groups.

“Unfortunately, in the United States, it’s not an easy question,” Scaringe said as to the proposition of selling through VW’s dealers. “We have this horrific state-by-state level of rules that are as close as you can get to corruption.

“I think you essentially have, like, lots of dealers have paid for laws that make it really hard for us to interact directly with the consumer,” the Rivian CEO adds.

RELATED:Tesla granted license for direct vehicle sales in Kentucky

Tesla VP of Finance on state-to-state dealership laws

As a follow-up to the story, Tesla VP of Finance Sendil Palani shared his thoughts in a post on Saturday, praising the company’s local teams in states where direct sales are actively banned:

Tesla has been pursuing the direct-to-consumer model for two decades, and it has been an enormous challenge to pursue what we believe is the best model for customers.

I spent a portion of this past week visiting our Northeast region, and was reminded about how these laws are among our most prominent challenge for Sales and Delivery. Local teams make a heroic effort across the entire customer journey: from allowing customers to learn about our product at non-licensed locations while observing restrictions on sales activities, to managing a large flow of deliveries through a small number of licensed locations, to ensuring that we can properly perform vehicle registration paperwork for multiple states and customer circumstances at each licensed location.

Our customers have to make heroic efforts of their own, from traveling long distances to pick up their vehicle to patiently enduring any kinks in the process.

Sadly, this is common throughout much of the country, resulting in higher costs and a worse customer experience for the affected regions.

U.S. states with bans on direct sales models like at Tesla, Rivian

• Alabama (includes service centers)
• Arkansas
• Connecticut (leasing is allowed; tribal land loophole)
• Iowa
• Kansas (includes storefronts)
• Kentucky
• Louisiana (Tesla allowed through special license, “service center” model)
• Nebraska
• New Mexico (includes service centers; tribal land loophole)
• Oklahoma
• South Carolina (includes service centers)
• Texas (Tesla sells through online loophole, “service center” model)
• West Virginia (includes storefronts)
• Wisconsin

U.S. states with store limits on direct sales models like at Tesla, Rivian

• Illinois (limited to 13)
• Maryland (limited to 4)
• Mississippi (limited to 1)
• New Jersey (limited to 4)
• New York (limited to 5)
• North Carolina (limited to 6)
• Ohio (limited to 3)
• Pennsylvania (limited to 5)
• Virginia (limited to 5)

What are your thoughts? Did I miss anything, or do you have a story or opinion to share regarding direct auto sales? Let me know at zach@teslarati.com, find me on X at@zacharyvisconti, or send us tips at tips@teslarati.com.

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