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Tesla wins in Massachusetts, tries for more in New Jersey

Another brick falls as Tesla fights to practice its direct-to-consumer business model. A Massachusetts high court has thrown out a lawsuit seeking to block the electric car company from selling vehicles the Tesla way in the state. The Massachusetts State Automobile Dealers Association, along with two dealers, claimed that Tesla was in violation of a law that protects affiliated dealerships from oppressive practices from automakers. According to the law, it is illegal for an automaker to operate "a motor vehicle dealership within the relevant market area of a motor vehicle dealer of the same line make." The Massachusetts Supreme Judicial Court ruled that the plaintiffs didn't have a standing in this case because they weren't affiliated with Tesla, and because Tesla also doesn't have any franchise dealerships in the state. Judge Margot Botsford writes that the law, "was intended and understood only to prohibit manufacturer-owned dealerships when, unlike Tesla, the manufacturer already had an affiliated dealer or dealers in Massachusetts." Armed with the Massachusetts win, Tesla is taking another whack at New Jersey. Armed with that win, Tesla is taking another whack at New Jersey, which barred Tesla from selling cars directly to customers in the state. Tesla's appeal argues that the state franchise statute doesn't apply to it, as the automaker lacks any franchisor-franchisee relationship. Tesla also argues that the New Jersey Motor Vehicle Commission doesn't have the authority to enforce the statute, and that certain rules (requirements of minimum square footage, multiple display models and on-site servicing) violate the state Constitution. In New Jersey, though, the appeal may become moot, as there are currently at least two pending bills that could grant exemption to Tesla, allowing it to sell cars directly to consumers. Jim Appleton, president of the New Jersey Coalition of Automotive Retailers, says, "Something may be on the governor's desk and signed before they even decide to grant oral arguments at all." Tesla recently won the right to practice its sales model in the state of Nevada as part of a deal to build its Gigafactory in Reno. Tesla is still barred from selling its cars in Texas, Arizona and Maryland.

Tesla appears to be winning direct sales battle in Missouri

Last week, it looked like Missouri would join the list of states where Tesla Motors would not be allowed to sell its all-electric vehicles directly to consumers. Without warning, language was inserted into a bill about off-road vehicles what would have prevented direct sales in the state. Tesla called it a "sneak attack" and tried to get supporters to let lawmakers know the law was a bad idea. "It is not clear that the statues apply to a seller like Tesla" – Missouri Department of Revenue Thanks to some digging by Tesla fans over at the Tesla Motors Club, it became clear that one of the main drivers of the anti-Tesla legislation was conservative state senator Mike Kehoe, a former Ford and Lincoln-Mercury auto dealer. For some time, Kehoe has been asking the Missouri Department of Revenue if Tesla should have gotten a license to operate its one store in the state (in St. Louis) and said that the automaker's moves were, "clearly designed to circumvent the traditional franchise model for the distribution and sale of new motor vehicles." The DOR responded by saying, "It is clear under Missouri law that traditional manufacturers who already have franchised dealerships in the state may not sell cars directly to consumers. It is not clear that the statues apply to a seller like Tesla, which apparently has not entered into franchise relationships with independent dealers." After Kehoe got that response, it seems, he added the language to the bill. You can read the bill here. The tide may be turning against the proposed law, though. Tesla has apparently hired 10 lobbyists to makes its case. Local newspaper The Kansas City Star published an opinion column yesterday in support of the automaker. "As a business offering something new and better for the environment overall, Tesla should have been given allowances to operate in a different way in the state," the paper wrote. And the state House Republican majority leader, John Diehl, says he has no plans to move the bill forward because lawmakers are worried it would put a limit on the free market and have unintended consequences. Read more here: http://www.kansascity.com/2014/05/12/5019618/missouri-house-leader-not-fond.html#storylink=cp

Tesla drops Model S prices in Europe due to strengthening euro [UPDATE]

Tesla Motors has been thinking about European Model S sales for years, but things haven't always gone as planned. While sales have been brisk in Norway, the car is less popular in places like Germany, where sales have been slow - less than 100 units sold in the first two months - according to Inside EVs, which prompted the introduction of a special Autobahn package. To reverse the trend, Tesla is putting on its finest plaid polyester suit and is slashing prices like they're going out of style. Yes, we know Tesla doesn't have traditional dealerships and the whole suit thing is an old stereotype, but sometimes you just gotta run with it. Tesla PR in America hasn't responded to our request for confirmation (see update below), but online sources show the drops are fairly substantial. In Germany, for example, Tesla has dropped almost 7,000 euros ($9,700 US at today's exchange rate) off the price, down to 65,300 euros ($90,600), while in Holland, the new price is down 4,000 ($5,500) euros to 66,200 ($91,900). No reason was given for these drops, but we can't help but suspect that demand isn't too strong at the moment. To help increase sales, Tesla recently announced an expansion of its Supercharger network on the continent. The price of the Model S has not dropped in the US, where the base model starts at $69,900 before incentives. *UPDATE: Tesla's director of global communications, Elizabeth Jarvis-Shean, said that our speculation that demand is low is "simply incorrect." She added: "Changes were made two months ago to all the base prices of Model S across our markets in the Euro-zone due to the strengthening of the Euro. We continuously evaluate currency fluctuations to be able to offer our customers the best price for Model S. Prolonged currency exchange rate fluctuations are the reason for the adjustment of the base pricing of the car."