Mythbusters: FTC Used Car Rule
For more than a decade, the FTC considered revisions to the Used Car Rule. On November 18, 2016, it published the final revisions that went into effect on January 27, 2017. The revised rule provided for a new buyer’s guide that was optional for a year and mandatory effective January 27, 2018. We write frequently […]
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Factory Audits – What Can You Do?
Every franchised dealer has gone through factory audits, whether for warranty payments or incentive payments. Factory audits are here to stay. Many dealers get the audit results, and (unless they are outrageous) they simply allow the franchisor to debit their open accounts. But should they? Steps to be sure claims are correct can protect you. […]
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Common Sense Prevails
For more than half a decade, the federal Ninth Circuit Court of Appeals, notorious for its progressive decision making, has been out of step with decisions from other federal circuits and district courts that have considered the language of the car dealer exemption to the Fair Labor Standards Act as it applies to service advisors. […]
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The #MeToo Movement and Pay Plans
We recently reported on the success of the #MeToo movement in getting a provision in the recent federal tax legislation to prohibit deduction of payments, attorneys fees, and other expenses in settling sexual harassment claims if there is a confidentiality clause in the settlement agreement. Recently, fifteen U.S. Senators cosponsored legislation to bar employers from […]
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Advertising: Spot the Problem – Answers
Under the Truth in Lending Act, any advertisement of interest rate must be for the annual percentage rate or APR, using either form of that term. An advertisement that does not use that term violates TILA. Even though you may use a toll-free number to make full lease disclosures, some things must be disclosed in […]
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