Newsletter + Article Archives

Everything You Need to Know to Be a Successful and Competitive Automotive Dealer in Virginia.

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ERISA Compliance is not an option…it is the Law

July 15, 2014

At any given time, any given employer may be singled out for a civil investigation by the Department of Labor! These audits aim to ensure that employee benefits plans are in compliance. With all of the attention being given to Healthcare Reform, have you overlooked one area of compliance that’s more important than ever? We’re

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Third Party Harassment

July 15, 2014

A sales assistant goes into the office of the dealership’s general manager. She claims she is being sexually harassed by one of the outside vehicle wholesalers with whom the company does business. She says that he is making ugly sexual references, touching her and asking her out. The GM is sympathetic, but he claims there

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Government Short Cuts

June 11, 2014

IRS Guidance on Manufacturer Imaging Payments The Internal Revenue Service has issued guidance on tax treatment of factory payments for facility upgrade programs. The guidance considered three types of situations in which a franchisor pays the dealer for upgrades: (1) lump sum payments for a portion of construction costs; (2) payments made quarterly based on

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Compensation for Grounded New Vehicles

June 11, 2014

Are you being compensated by your factory when you must ground new vehicles because of recalls? The National Highway Traffic Safety Act requires a manufacturer or distributor of a new motor vehicle not yet sold to a customer that has a safety defect either to repurchase the vehicle or to provide the part or equipment

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Avoid Fair Debt Collection Practices Act Liability

June 11, 2014

The federal Fair Debt Collection Practices Act is a powerful weapon for a consumer who feels abused by a debt collection agency. The Act contains detailed provisions prohibiting collectors from using harassing or abusive tactics, making false or misleading representations, and engaging in unfair practices. It requires a collection agency to provide specific notices and

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Fair Labor Standards Act Enforcement

May 15, 2014

In this federal election year, you will hear political rallying cries like “income inequality”, “income unfairness”, and “damage to the middle class”.  President Obama has made these themes in his speeches to support his party’s efforts in the upcoming Congressional elections.  He has also proposed legislative changes to requirements for overtime pay under the Fair

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Third Party Lead Providers

May 15, 2014

Dealers have given necessary attention to Tesla’s attack on state franchising and licensing laws.  That is not the only threat to their business model that dealers face.  Under the radar, third party lead providers are building their businesses and developing capabilities that can be just as threatening to dealer independence and success. This article is

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FTC Advertising Offensive Continues

April 14, 2014

In January 2014, the Federal Trade Commission stepped up its recent, ongoing regulation of car dealer advertising and announced consent orders with nine dealers. Showing the agency’s nationwide reach, the dealers were in California, Georgia, Illinois, North Carolina, Michigan, and Texas. The FTC also announced it filed an administrative complaint against a tenth dealership in

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Dealing With False Online Reviews

April 14, 2014

Dealers know better than anyone that consumers increasingly rely on information found online, whether true or not. Bad online reviews hurt. So what can you do about bad reviews you think are bogus? For many dealers, the campaign to overcome a bad review that a dealer thinks is based on misinformation begins when the review

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