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The Kansas City dealer leader explains the hidden factors costing dealerships millions and shares five strategies to reduce turnover and build better systems.
customers aren’t waiting for us to figure out AI. Before they ever walk into your showroom, they’re using it and other online tools to research vehicles, pricing, financing, warranties, and the sales process. They may arrive knowing far more than we assume. Your employees need to be prepared for that new reality.
Virginia’s auto dealers aren’t just selling cars, they’re investing in the Commonwealth. As September brings a new season and the start of a new school year, dealerships across Virginia continue to show up for the
September 21, 2026 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com On August 19, 2026, the Federal Trade Commission (FTC) and the State of Connecticut secured a $4 million settlement with Chase Nissan LLC,
As you are aware, in March 2026, the FTC issued a warning to every dealer in the nation that the price advertised must include all fees but for government fees. On September 15,
2026, the FTC confirmed that not only the dealers are responsible, but the manufacturers.
Dealers constantly face the challenge of managing and training employees to work steadily and uniformly to reach the dealership’s goals. Employees may resist mandated training, but ignoring the need for such consistent efforts, especially on compliance, can be costly.
In the age of AI, consumers have looked to the internet to make certain claims against dealers. So there has become an uptick in questions around whether certain aftermarket products void vehicle warranties.
As summer draws to a close across the Commonwealth, Virginia’s auto dealers continue to show their communities that their commitment runs deeper than the sale. From bringing comfort to young patients and strengthening local nonprofits
Everyone deserves the opportunity to succeed in this business. And the more our dealerships reflect the people and communities they serve, the stronger our industry will be.
Occasionally, we discuss dealership myths — things that “everyone knows”, even though they may not be true. Here are some you should consider.
Understanding and maintaining adequate insurance coverage is not merely the best practice; it is a critical component of sound management and compliance.
The original Used Car Rule was promulgated by the Federal Trade Commission in 1985. While there are few dealership employees who were active before the Rule was put in place, there is still some confusion surrounding the completion of the buyers guide. This was caused in part in early 2017 when the Rule was revised, and the buyers guide was redesigned.
For years, it was old adage that the finance sources either did not permit or limited the amount of downpayment that consumers could put on a credit card for motor vehicle purchased that were financed. Times have changed. With the average cost of new motor vehicles around $50,000, making monthly payments affordable has become a real numbers game.
As summer continues across the Commonwealth, Virginia’s auto dealers are keeping their communities at the heart of everything they do. From supporting children’s health and fighting food insecurity to investing in local students and bringing
Virginia remains one of the nation’s stronger markets for electric vehicles, but new data suggests consumers are taking a more measured approach to buying them as affordability, charging convenience and the end of federal purchase incentives reshape the market.
Don has a few takeaways from this year’s Annual Convention. Most notably: Auto retail isn’t going back to the way it was.
As summer arrives across the Commonwealth, Virginia’s auto dealers continue to demonstrate that community commitment extends far beyond the showroom. From supporting food security and promoting public health to advocating for mental wellness and animal
A convention favorite, Kevin Tynan takes a look at the automotive retail market economics — for better or worse.
Get the powerhouse legal and regulatory update from VADA ’26, featuring our partners at ComplyAuto.
The Kansas City dealer leader explains the hidden factors costing dealerships millions and shares five strategies to reduce turnover and build better systems.
ACV’s John Coles told VADA dealers that margin compression is here to stay, affordability is reshaping demand and AI should support — not replace — people.
Diana Lee of Constellation says the future of automotive marketing belongs to dealers who own their data, embrace AI and make pricing easy to find.
From FTC compliance to Carvana, brokers and customer experience, Don Hall, Sam D’Arc and Jim Fitzpatrick shared five important lessons for dealers navigating a changing industry.
Warranty revenue is at record levels, but customer-pay growth and retention remain challenges. Here are 10 key insights from Jim Roche and Car Dealership Guy on fixed ops, AI and the future of service.
Join VADA and our partners at NCM Associates for an intensive one-day workshop designed for Dealer Principals, General Managers and Service Managers who want to strengthen Fixed Operations performance. Attendees will learn how to improve
Catch up on all things regs and laws in our mid-year Legal & Legislative Update with VADA’s expert team.
Dealers learned from the horse’s mouth that advertising, as they had known it, has officially changed.
Dealers learned from the horse’s mouth that advertising, as they had known it, has officially changed.
Dealers Shifting Gears for Good: May Virginia’s auto dealers continue to drive positive change across the Commonwealth. As May brings warmer days and renewed community spirit, dealerships throughout Virginia are investing their time, resources, and
Don Hall shares his insights on the latest from the FTC, Virginia’s new DMV commissioner, and a new VADA hire to jump-start the workforce pipeline.
Dealers learned from the horse’s mouth that advertising, as they had known it, has officially changed.
Sign up for the convention. Give to the PAC. We need your support in the next few weeks.
Virginia’s auto dealers aren’t just selling cars, they’re springing into action for the Commonwealth. As April brings fresh momentum across Virginia, dealerships continue investing in schools, families, and community organizations through hands-on service and meaningful
The CEO of WarrCloud joins VADA Live and shares how AI is revolutionizing warranty claims and why dealerss are leaving legitimate OEM $$$ on the table.
With AI rewriting the rules of automotive marketing, how do dealers stay ahead of the curve and outrank their own OEMs?
If you choose to ignore the FTC’s warning, you face significant risk to every aspect of your dealership, your finances — even your mental health. If you believe “NADA will handle it,” we would ask you: “What do you expect them to handle, exactly?” An important message from Don Hall.
The Presidio Group Kevin Tynan lays out the data-driven framework he’ll be unpacking on the main stage at VADA’26
Robert Hunter, President of Automotive F&I with Brown and Brown Dealer Services, dives into the strategies needed to protect front-end gross and properly serve today’s budget-conscious consumer.
In case you don’t think FTC compliance is a big deal, consider what an investigation will do to your store, your operations, and your reputation if you ignore their warning.
Social media postings can be a major hole in your compliance program — and your dealership is responsible for individual employees’ posts. Review our social media guidance.
The end of the General Assembly, the start of FTC enforcement, and more happenings at VADA this spring.
Avoid these add-on pitfalls to comply with the Federal Trade Commission’s enforcement of advertising and pricing rules.
Virginia’s auto dealers aren’t just selling cars, they’re springing into action for the Commonwealth. As March ushers in longer days and a season of renewal, dealerships across Virginia are continuing to invest in the communities
In the wake of the Federal Trade Commission’s crackdown on advertising and sales practices, VADA offers dealers practical steps your stores can take to comply.
How do you build trust with a consumer before they ever set foot in your showroom?
FTC regulators are making clear that vehicle advertisements must show the true offering price — including all mandatory dealer fees — and dealers should move quickly to review their advertising and sales practices to avoid costly violations.
Is your parts department the most neglected, underappreciated, and misunderstood department in your dealership?
As the 2026 General Assembly nears its final gavel, autonomous vehicles spark a debate, several bills head to the Governor’s desk, and some debates are tabled for next year.
Another great Dealer Day, final negotiations, and budget talks in the final weeks of the 2026 General Assembly.
Our new partnership with Brown & Brown Dealer Services has named the company the preferred provider of finance and insurance (F&I) products for VADA members.
Supreme Court ruled 6-3 that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs.
With Crossover behind us, our priorities remain focused on business-friendly legislation that promotes fair and balanced policy decisions for Virginia’s dealer industry.
We’re at the halfway point of the Virginia General Assembly session, and the VADA legal team is breaking down exactly what the “Crossover” deadline means for your dealership.
For years we have emphasized the importance of a company policy for supplier contracts. There are many suppliers of many goods and services.
Virginia’s auto dealers are not just selling cars this February, they are sharing heart. From supporting lifesaving research to inspiring future innovators and honoring everyday heroes, dealerships across the Commonwealth are showing that community care
China is the world’s second largest economy, and is hellbent on becoming No. 1. We can compete and win — but only if we do it the American way.
As the halfway point of Crossover approaches, we’re getting a clearer picture of what bills may advance through the session and make it to the Governor’s desk.
As the ’26 session rolls on, VADA is working both on our own and with other business groups to shape policies that create fairness to all sides of these various issues.
You can manage numbers, but you must lead people. Christopher Craig joins VADA Live to reveal why “spreadsheet management” is driving the industry’s 49% turnover rate—and how to fix it.
The look at dealer-related bill movements in week four of the General Assembly.
The second week of the General Assembly has legislators looking at 2,500 bills over the next few weeks. Here’s a few that impact franchised dealers and Virginia drivers.
Every January, VADA attorney Barrie Charapp Beaty compiles the definitive roadmap for the year ahead. This isn’t just a legal update; it is your operational survival guide.
January in Richmond is always a blend of tradition, new beginnings, and hard work.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
Can a used Nissan with over 100,000 miles and a Continuously Variable Transmission (CVT) survive the salt flats of Bonneville and the rock crawling trails of Moab?
The Virginia General Assembly gaveled in on Wednesday, January 14, but the defining story of the opening week was one of pomp, circumstance, and transition.
The 2026 Virginia General Assembly session is officially underway, and for the retail automotive industry, the stakes remain as high as ever. Join us for our Season 2 premiere with experts Mimi Perka and Ralston King.
In this conclusion to our special end-of-year series, VADA President and CEO Don Hall shifts the focus from external threats to the internal dynamics that will define dealership success in 2026. Hall shares candid takeaways
Don delivers a message to dealers who think they can coast through 2026: “Manufacturers have made it clear… they would love to be able to take off certain vehicles and sell them direct. We need to care and we need to get engaged. This is a big deal. It’s not going to go away.”
For years we have emphasized the importance of a company policy for supplier contracts. There are many suppliers of many goods and services.
Some dealers may not view their franchisors as suppliers, but they are if programs are offered, not mandated.
Join VADA’s Anne Gambardella, Mimi Perka, and outside counsel Barrie Charapp Beaty for a preview of 2026 on all things related to new state and federal rules and regs.
The “Party Crashers” have returned, and the stakes are higher than ever. From the normalization of new car inventory to the “bottom valley” of used car acquisitions and the sunsetting of EV incentives, this episode provides the roadmap dealers need for 2026.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. As the holiday season fills communities with lights and celebration, our dealers are stepping up to ensure families, children, seniors, and neighbors feel
A look back at a string of successes and support for the franchise system in 2025.
Join Dan Carrigan as he speaks with Emily Marlow Beck, President of Marlow Motor Company and Virginia’s 2026 Time Dealer of the Year, for a candid and insightful conversation about leadership and the future of the family-run dealership.
700Credit has confirmed a data breach involving dealer customer data. Read the full details on the incident and access VADA Legal’s general data breach checklist to help your dealership navigate the response and protect your business from liability.
Dealer plates are your most valuable, and often most easily lost, assets. Join VADA Live as we introduce TagTracker, a new partner specializing in patented, real-time GPS Dealer Tag Tracking.
This Thanksgiving, I’m reflecting on the power of gratitude for our families, teams, and customers. I also address Virginia’s recent election results, our constructive path forward with Governor-elect Spanberger, and our unwavering mission to protect dealers in this new political landscape.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
Virginia just delivered a historic election, electing the first female chief executive, Abigail Spanberger, and expanding the Democratic House of Delegates majority by 13 seats. What does this shift mean for Virginia’s business climate, the
What happens to your dealership if you’re gone? A succession plan is crucial for your family, lenders, & OEM. Learn why you can’t afford to delay.
Thinking of selling your dealership? This essential guide covers the key considerations before you go to market, from asset vs. real estate sales to non-competes.
Join Dr. Ben Flusberg, Chief Data Officer at Cox Automotive for a deep dive into the evolution and practical application of AI in auto retail. Dr. Flusberg defines the AI landscape, explaining the shift from predictive to generative and now to agentic AI—where systems execute multi-step automated workflows.
November 5, 2025 Virginia elections deliver historic Democratic sweep For Virginia’s business community, including franchise auto dealers, this year’s election results signal a new political landscape in Richmond and across the Commonwealth heading into the
VADA Live S1:E40 – Market Shifts, EV Demand, & Practical AI w/ Automotive Ventures’ Steve Greenfield
Steve provides a crucial outlook for Q4 2025 and 2026, explaining why the EV softening and affordability pressures are defining the landscape, while the prime consumer remains resilient.
Customers judge a dealership more by its service department than its showroom. While many focus on sales, fixed ops is the most profitable area of a store and the single largest influence on public perception.
October 15, 2025 TIME and Ally Financial honor Front Royal dealer Emily Marlow Beck wins national recognition for community service and industry achievements Virginia’s Emily Marlow Beck, president of Marlow Motor Company, was announced today
Staying compliant with the FTC’s Privacy and Safeguards Rules requires constant action. The Privacy Rule mandates providing customers with clear notices and an option to opt out of data sharing with nonaffiliated third parties. The Safeguards Rule now requires a robust security program and reporting data breaches affecting 500 or more consumers to the FTC within 30 days of discovery.
As vehicles’ advanced technology introduces new cybersecurity risks, dealerships face direct liability. Major brands have faced vulnerabilities allowing remote vehicle control and data theft. Failing to address these discoverable risks can lead to lawsuits. Learn the critical steps to protect your dealership from these growing threats.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories
Employers can discipline or fire employees for their social media use, but they must be mindful of several legal protections that could shield the employee’s conduct. These protections include state laws safeguarding off-duty or political activities and the National Labor Relations Act (NLRA), which protects employees who discuss workplace conditions.
Join Dan Carrigan as he speaks with Napoleon “Napo” Rumteen, a proven leader at the intersection of automotive retail, SaaS, and talent innovation. Napo, the Founder and CEO of Interactive EQ, explains how his platform uses AI to measure intangible skills and improve hiring and retention in high-turnover roles like sales and service advisors. In this interview, Napo shares his perspective on why focusing on employee development and getting ahead of problems is crucial for profitability.
Navigating car dealership paperwork can be tricky, especially for non-English speakers. In this article, Barrie explores how federal and state laws, including consumer protection acts, safeguard non-English speaking consumers from deceptive practices.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
Join Dan Carrigan and Tim Pohanka, VADA’s Legislative Chairman for this special edition of VADA Live from VADA’25. In this episode, Tim offers an exclusive look into the impactful work shaping the legislative landscape for Virginia’s auto dealers, emphasizing how VADA’s direct communication and deep understanding of the industry make all the difference in Richmond. The duo also explores why active participation from every dealer is crucial, serving as a powerful force for collective good. To support the VADA Auto and Truck Dealers PAC, visit https://vadapac.com/
As CEO of VADA, I’m often asked about processing fees. Here’s a look at why these fees are essential for transparency, protecting consumer data, and maintaining a competitive free market.
We recently received questions about changes to VA Code for warranty reimbursements, including how they will affect techs. Here’s the answers.
In this VADA Live special, host Dan Carrigan and @Reunionmarketing’s Chad Graves discuss how dealers can get ahead of AI-driven marketing. Chad emphasizes that AI is a supplement, not a replacement, for human interaction and offers a valuable look into how early adopters are using data to become more efficient, serve their customers better, and prepare for a future where buyers may make decisions without even visiting a website.
Does artificial intelligence have a place in the automotive industry? In this VADA Live special, host Dan Carrigan sits down with Kayla Kody, Vice President at Richmond Ford Auto Group, to discuss the opportunities and challenges of using AI in dealerships. Kayla shares her perspective on how AI can be a powerful “helping hand” to enhance operations and customer experiences, but not a total replacement for the human connection. She also shares the importance of data privacy (if you wouldn’t shout it across the sales floor, don’t input it into ChatGPT!), the most promising applications of AI in both sales and service, and the keys to getting buy-in from your team.
A recent federal court decision could expose dealerships to litigation in states where they don’t have a physical presence. Learn how the “traveling cookie” rule and new state data privacy laws like Maryland’s MODPA are changing the compliance landscape for dealerships nationwide.
On this special episode of VADA Live, Host Dan Carrigan sits down with @NADA Academy Director Michael Hayes. The duo takes a deep dive on all things AI in the retail automotive industry, and how NADA Academy is preparing its students for the dealerships of today and tomorrow.
Can AI streamline your dealership’s most complex back-office functions? Jim Roche, CEO of WarrCloud, joins Dan Carrigan to explain how AI-powered automation is boosting profitability and efficiency in fixed operations and warranty claims processing, especially with new Virginia laws protecting dealer compensation as of July 1.
This month, I went back to the classroom at the NADA Academy to dive deep into a critical, yet often overlooked, area of the dealership: the parts department. After more than 40 years in this business, it was a humbling reminder that there’s always more to learn.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
In an increasingly aggressive landscape, franchisors are challenging dealer rights and pushing for changes to state franchise laws. Explore key areas where dealers can take a stand, including unfair warranty reimbursement, unlawful audits, and unreasonable performance calculations.
Considering a facility upgrade for your dealership? When you get that approval letter from the manufacturer, don’t just sign on the dotted line. Learn what to look for and how to negotiate for realistic timelines, including protection from delays.
In this VADA Live AI special, host Dan Carrigan interviews Checkered Flag General Manager Michael Wood about the reality of using AI in the dealership. Michael shares his perspective on how to get past the hype of artificial intelligence, and how to augment employees to enhance them by removing meaningless tasks from their workloads.
The “One Big Beautiful Bill” has one big beautiful auto loan interest tax deduction, but only if you know how it works. Here are a few pointers.
Join Dan Carrigan for a conversation with AI expert Diana Lee, CEO and Co-founder of Constellation. This segment, part of a special series on artificial intelligence in the dealership space, explores how AI is impacting the automotive industry. Lee explains how Constellation’s AI uses automotive-specific data to automate tasks like generating VIN-specific offers and providing real-time market insights. She highlights the “clean room” concept, where each dealership gets a proprietary AI chatbot with their own data, enabling competitive strategies and inventory management. Lee stresses that adopting AI is crucial for dealers to gain a competitive edge and improve efficiency.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
Get the latest insights on retail automotive Customer Experience, the influence of AI on the Modern Car Deal, and more during this episode of VADA Live with AutoFi’s Joe St. John.
Initially a curiosity, AI’s impact on automotive retail is now undeniable. From AI-powered customer chatbots providing 24/7 service to DealCheck AI automating compliance, this technology is boosting efficiency and empowering dealership teams.
Meet Roger Keller, VADA’s 2025-26 chairman and a true industry veteran. Discover how his decades of experience and commitment to his community have shaped him into a unique leader in the automotive world.
VADA Live S1:E30 – Leadership, Legacy, and the Road Ahead with Roger Keller, VADA’s 2025-26 Chairman
In this episode, we sat down with Roger Keller, the incoming Board Chair for VADA, to learn more about his experience with VADA, and how his vision for the future of automotive will fuel his decisions as Chairman for the year ahead. As the only Chairman to have been at the helm of two automobile associations (his other being Indiana), Roger brings insight to supporting the industry and provides key takeaways for VA dealers in the rapidly changing retail auto landscape.
Join Dan Carrigan for an insightful conversation with Virginia’s Speaker of the House, Don Scott. Speaker Scott shares his unique perspective on the vital role the automotive industry plays in the Commonwealth, highlighting how Virginia’s pro-business climate supports over 60,000 strong jobs across sales, service, and fixed operations. He passionately discusses the critical importance of the franchise model in protecting consumers and fostering deep community ties, drawing from his own experiences as both a lawmaker and a car consumer.
Join Jeff Kelley from VADA Live for a conversation with Dr. Gerald Lackey, Commissioner of the Virginia DMV. With two and a half years at the helm, Commissioner Lackey shares his transformative vision, bringing a fresh, energetic approach from the private sector to public service. More critically for dealers, Dr. Lackey details the ambitious multi-year journey towards a fully digital, electronic titling process and how his unique “in the weeds” leadership style, including time spent in dealerships, is shaping a more responsive and partner-focused DMV.
H. Carter Myers III, a 60-year veteran of the auto industry and leader of the century-old Carter Myers dealership group, joins VADA Live to share his unparalleled perspective. Drawing from a career that includes serving as VADA Chair and being named Dealer of the Year, Mr. Myers discusses how to stay on the leading edge of retail auto. He explores the importance of industry associations, the unique tradition of sharing ideas, and the foundational advice on leadership and customer focus that has stood the test of time.
Test your dealership’s compliance knowledge with this quiz covering sales, advertising, employment, and general operations.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
In his third straight appearance at a VADA Annual Convention, industry watcher and investor Steve Greenfield laid out his vision – backed up by facts – on the future of the industry.
Kevin Eastman served as Assistant Coach to Head Coach Doc Rivers for nine years with the Boston Celtics (winning the NBA World Championship) and four years with the Los Angeles Clippers. He also served as Vice President of Basketball Operations for the Clippers. For over 10 years he worked with Nike as the national director of Nike’s skill development programs for elite high school and college players. Through his corporate and sports team speaking (sharing with over 70 audiences/year) and his website (kevineastman.net), Kevin inspires corporate audiences, teams and coaches to be the best they can be in their careers and lives. He is recognized as an engaging and thoughtful speaker speaking to leadership teams, sales teams, and entire organizations as well as one of the best basketball clinicians in the U.S. and internationally.
On June 5, 2025, VADA’s, Anne Gambardella, Mimi Perka, and outside counsel Barrie Charapp Beaty provided our Mid-Year Legal & Legislative Update to dealers. Listen/Watch and learn all the changes coming July 1, and how VADA is beginning to prepare for the November elections and General Assembly 2026.
Join VADA’s Anne Gambardella, Mimi Perka, and outside counsel Barrie Charapp Beaty for a Mid-Year Legal & Legislative Update on all things related to new state and federal rules and regs.
How can dealerships make car buying faster and more customer-friendly in today’s market? On this episode of VADA Live, Joe St. John, Chief Customer Officer at AutoFi, explores innovative strategies using smart dealership technology to achieve speedier deals and create truly satisfied buyers. He offers expert insights into adapting to the expectations of digitally-savvy consumers, ultimately transforming the sales process through enhanced transparency and a focus on customer experience.
The following case presents an unfortunate situation that could potentially have been prevented. We are sharing a summary of the case for your review, along with professional recommendations from Program Partner SESCO Management Consultants: The
Get ready to elevate your dealership’s customer experience! On this edition of VADA Live, host Dan Carrigan sits down with bestselling author, TED Talk speaker, and customer experience expert Katie Mares. Katie, a featured speaker at this year’s VADA Convention, will discuss how to make “the now non-negotiable”, what dealers are still getting wrong about creating five-star experiences, and how to better serve the female consumer. Discover insights on why customer experience competition often comes from outside the auto industry, tangible ways to improve your workplace, and the power of leading through decisive action. This conversation offers a sneak peek into Katie’s convention session and practical takeaways for every auto dealer.
What inspires a veteran of Virginia’s auto industry and a lifelong community advocate to run for the House of Delegates? On this edition of VADA Live, Jeff Kelley sits down with Virgil Thornton Sr., candidate for the 86th District and a familiar face from decades in Virginia dealerships. They discuss his unique journey from nuclear testing and automotive leadership to his current campaign, the core philosophies like “Kaizen” and “Omotenashi” that guide him, and his vision for his district and the Commonwealth. From his deep experience as a foster parent and NADA Academy graduate to his key priorities of education, healthcare access, and economic development, this conversation offers an insightful look at a pro-business, pro-dealer candidate rooted in service.
What digital strategies are actually delivering results for dealerships in 2025? On this edition of VADA Live, host Dan Carrigan sits down with Michelle Radley of Radley Auto Group, Aris Woolfolk of Aschenbach Automotive Group, and Scott Pechstein of Digital Air Strike to talk lead reactivation, CRM performance, platform shifts, and how to stay competitive on a tight budget. From the impact of AI tools to signs it’s time to adjust your strategy, this conversation offers practical takeaways for teams looking to sharpen their digital approach.
Used vehicle sales in Richmond? Don’t skip inspections! Discover why vehicle history reports aren’t enough & how to protect your dealership from fraud claims.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
Tariff uncertainty presents challenges, but I see us adapting with characteristic resilience. We’re guiding customers and will navigate these unpredictable times, just as we always have.
Big changes are coming for Virginia auto dealers on July 1! Host Dan Carrigan discusses the new warranty recall and reimbursement law with VADA’s General Counsel Anne Gambardella, alongside Jordan Jankowski (COO) and Ryan Hammer (Operations Director) from VADA Program Partner Armatus Dealer Uplift. The panel covers critical steps dealers should take now to prepare for the deadline, specific changes impacting diagnostic time and rental car reimbursement, common submission mistakes to avoid, and valuable insights gained from national experience. Understand this vital legislation, achieved through dedicated VADA advocacy, to ensure your dealership benefits fully.
What’s hot in the auto market? Steve Greenfield, General Partner at Automotive Ventures dives into trends, tariffs, and tech on this episode of VADA Live. Get Steve’s pulse check on consumer caution, potential sales headwinds, and the impact of affordability challenges facing the industry today.
Dealers should be mindful about setting vehicle pricing in the tariff era. Here’s some guidance from NADA.
Virginia has a new buyer’s order and lease buyer’s order. Learn all about them and get them from our partners at Reynolds & Reynolds.
Wondering how to protect your dealership legacy through estate planning? Attorney John Dedon joins VADA Live host Dan Carrigan to share vital insights specifically for dealers. Learn about crucial documents, current tax strategies, succession planning, and avoiding costly probate issues.
For the first time in many years Virginia has completed a comprehensive overhaul of the Buyer’s Order form. The move is designed to provide greater protections for dealers, improve clarity for consumers, and address modern compliance standards. The new forms — including an optional Lease Buyer’s Order — will be issued starting May 1, with no hard deadline for implementation. VADA General Counsel and Executive Vice President Anne Gambardella and our outside counsel Barrie Beaty have recorded a short presentation to walk dealers through the new forms.
Proposed 25% auto tariffs threaten to significantly increase vehicle prices, creating challenges for dealers and consumers alike. Despite the uncertainty, the industry is preparing, drawing on a long history of resilience to navigate economic shifts.
Struggling with finding and keeping top talent at your dealership? NADA Academy Instructor Steve Brazill joins VADA Live host Dan Carrigan to share insights gained from decades in automotive retail. Learn why slowing down the hiring process, effective onboarding, and building the right culture are crucial for long-term success and avoiding costly turnover.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
Used vehicle sales in Richmond? Don’t skip inspections! Discover why vehicle history reports aren’t enough & how to protect your dealership from fraud claims.
Used vehicle sales in Richmond? Don’t skip inspections! Discover why vehicle history reports aren’t enough & how to protect your dealership from fraud claims.
Used vehicle sales in Richmond? Don’t skip inspections! Discover why vehicle history reports aren’t enough & how to protect your dealership from fraud claims.
Elevate your leadership communication! In this episode of VADA Live, host Dan Carrigan talks with Page Fehling, covering public speaking, relationships with local media and fostering a positive culture. Plus, hear about Page’s recent car-buying experience, and what impressed this communications expert.
This week, Governor Glenn Youngkin signed into law new protections to ensure fair reimbursement for Virginia’s automotive technicians and dealerships.
Zero surprise that fraud is on the rise. Here’s the latest data — and how Virginia dealers can protect themselves against cybercriminals.
Used vehicle sales in Richmond? Don’t skip inspections! Discover why vehicle history reports aren’t enough & how to protect your dealership from fraud claims.
Dealerships facing customer complaints? Learn how to address ethical violations, train personnel, and implement a strong ethics code to improve customer satisfaction.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
Are your deal jackets audit-ready? Ensuring compliance isn’t just about avoiding fines — it’s about doing things the right way. Join VADA’s Anne Gambardella and ComplyAuto’s Brad Miller as they break down the importance of Deal Jacket Audits— why they matter, where dealerships often go wrong and how to stay ahead of regulatory scrutiny. Protect your dealership from compliance risks. Strengthen your processes the right way. Avoid costly mistakes before they happen. Good compliance is good business. Get the insights you need. Watch now! To learn more about ComplyAuto and other VADA Program Partners, visit: vada.com/dealer-resources/dealer-programs
‘When you stop learning, you stop leading.’ That’s a truth I reaffirmed at a recent industry gathering, where I was reminded that continuous growth is essential, no matter where you are in your career. I challenge you to seek opportunities to learn from diverse perspectives and push beyond your comfort zone, because staying stagnant is a recipe for irrelevance.
If ICE shows up at your dealership door, here’s what to do — and how to prepare. From our partners at SESCO.
How do dealers keep their sales processes on track in a constantly changing landscape? In this episode of VADA Live, host Dan Carrigan talks with Andy Seidenman, a 30-year industry veteran and NADA Academy Instructor, about maintaining structure, avoiding “process evaporation” and driving lasting success. Tune in for expert insights on topics like dealership training, CRM strategies, the power of reinforcement in establishing new processes and more.
Dealerships required to electronically file 2024 employee workplace injury and illness records must submit them to OSHA by March 2, 2025, using the Injury Tracking Application (ITA).
IMPORTANT UPDATE (March 3, 2025): The U.S. Treasury Department has issued new guidance regarding the Corporate Transparency Act (CTA). Effective March 2, 2025, no penalties will be enforced for failing to meet the Beneficial Ownership
Jeff Kelley sits down with Mimi Perka, Esq., VADA’s Director of Legislative and Legal Affairs, to wrap up the 2025 General Assembly Session.
That’s a wrap on the 2025 General Assembly. Here’s a look at the results.
In this episode of VADA Live, host Dan Carrigan sits down with Kevin Tynan, Director of Research at the Presidio Group, to discuss the top-of-mind issues facing auto dealers in 2025. They delve into the evolving dynamics of the automotive market, including manufacturer pressures on inventory and sales, the resilience of the franchise model, and the cooling EV market. Kevin shares his insights on maximizing fixed ops revenue, potential shifts in incentives and pricing strategies, and the continuing importance of affordability for consumers. Tune in for this insightful conversation on the future of the automotive industry!
February 18, 2025 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com When was the last time that you actually reviewed your indirect finance and lease agreements? For a majority of you, you are probably
February 18, 2025 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com Social media has become a large part of your business. Your sales personnel are on social media communicating with customers, prospects, and suspects.
Virginia’s auto dealers aren’t just selling cars; they’re investing in the Commonwealth. Every month, we’re highlighting the positive impact auto dealers are making in their communities. From charitable giving to community service, these stories showcase
In today’s business climate, leading by example is more important than ever. Strong leadership inspires teams, setting the tone for success and resilience.
It’s the last week of the 2025 Virginia General Assembly. Here’s what to expect.
In this episode of VADA Live, host Dan Carrigan sits down with Dr. Paula Pando, President of Reynolds Community College, to discuss how community colleges are helping dealers bridge the skills gap. Dr. Pando shares how Reynolds is preparing students for real-world success — and how dealers can engage to strengthen the talent pipeline. Watch this important conversation on the future of automotive education and the dealer’s role in shaping it!
Last week, Virginia’s General Assembly reached the midpoint of its legislative session, known as “Crossover Day.”
The week dealers came to Richmond.
The latest on our bill, additional legislation…and by the way, this week is Dealer Day!
Barrie anticipates that 2025 will be a tumultuous year in the car business. In other words, it will business as usual. Dealers have become accustomed to coping with major changes. 2025 should not be much different in terms of challenges, but it can be rewarding. Here are 25 issues to which you should give attention in 2025.
Approaching the holidays, Don Hall takes a look at the year that was — and the one to come.
In this inaugural video edition of Capitol Briefs, Jeff Kelley of VADA Communications talks with Mimi Perka, Esq., VADA’s new director of legislative and legal affairs, about critical legislative priorities for Virginia’s franchised auto dealers. They dive into proposed changes to Virginia’s recall, warranty, and maintenance statute aimed at ensuring fair payment for dealers and technicians. Key measures include prohibiting manufacturers from slashing recall part prices, ensuring fair compensation for diagnostic time and addressing reimbursement delays for extended rental car expenses. Learn more about VADA’s advocacy efforts and why Dealer Day at the Capitol is essential for dealers.
For this edition for VADA Live, host Dan Carrigan sits down with Dave Perno, President of Loyalty Automotive and Virginia’s 2025 TIME Dealer of the Year, to discuss his journey in the automotive industry. From lessons learned working in his father’s dealership to leading a family business, Dave reflects on the importance of supporting employees, giving back to the community and planning for the future. He also shares his perspective on industry trends like EV adoption and what 2025 might bring for dealers.
On this episode of VADA Live, host Dan Carrigan and an expert panel explore one of the most pressing issues facing Virginia’s franchised dealers: warranty reimbursement. Joined by Anne Gambardella, General Counsel and Executive Vice President of VADA, along with Jordan Jankowski and Ryan Hammer from Armatus Dealer Uplift, the discussion covers the challenges dealers face, insights into navigating warranty processes and the steps VADA is taking, including legislative efforts, to fight for fair compensation for dealers and technicians.
VADA lobbyists continue to meet with legislators to advocate for greater protections and fair payment for franchised dealers.
Dealers with EVs in their current inventories should be aware of recent developments that could have an impact on the availability of federal tax-based EV lease and sales incentives in 2025.
The Virginia General Assembly gaveled in this week..then immediately went home due to city water issues. Still, the work continues.
In this episode of VADA Live, host Dan Carrigan sits down with Bruce McGeorge, VADA’s new general manager, to discuss his impressive journey to VADA. A proud U.S. Naval Academy graduate and retired Marine Corps captain, Bruce brings more than 30 years of expertise in the automotive and logistics industries. From his early exposure to the dealer business to leading innovative solutions at CarMax and ACV Auctions, Bruce shares his insights.
The Corporate Transparency Act (CTA) filing requirements were reinstated by the Fifth Circuit Court of Appeals on December 23, 2024.
Gone are the days of asking whether you have a compliance program because they are essential to dealership operations. The question is now whether your compliance programs on fair lending and voluntary programs practices are effective.
On December 3, 2024, the Court in Texas Top Cop Shop, Inc., et al. v. Garland, et al. granted the National Federation of Independent Business’s (NFIB) request for a preliminary injunction, which has a nationwide impact.
In an economy where inventory is high, vehicles are sitting on floorplan, and customer credit is not as easily accessible, Dealers need to know where they stand with their creditors just as much.
At the end of November, Volkswagen dealers received a special message from Volkswagen regarding the ID. Buzz.
In this episode of VADA Live, host Dan Carrigan dives into one of the most critical drivers of dealership success: customer service. Joining the conversation are Kayla Kody, vice president of Richmond Ford Auto Group, and Jake Sodikoff, president and dealer principal of Steven Nissan and President of HoneyCar, a used vehicle franchise with five locations in Virginia. Together, they share ways to enhance customer experiences, balance technology with a personal touch and tackle challenges unique to the auto industry.
Our Annual Legal & Legislative Update in December 2025 offers dealers the latest insights on state legislation along with federal laws you need to know to run your business. The panel was hosted by VADA’s Don Hall, and includes Anne Gambardella, Esq., VADA General Counsel and Executive Vice President; Barrett “Barrie” Charapp Beaty, VADA outside counsel with Charapp & Weiss, LLP; and Mimi Perka, Esq., VADA’s legal and legislative affairs director.
November 20, 2024 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com The auto industry has lived through an unprecedented number of recalls in the last two years. There is little indication this trend will
November 20, 2024 By Barrie Charapp BeatyCharapp & Weiss, LLPbbeaty@cwattorneys.com The election of Donald Trump to the presidency of the United States portends significant changes affecting all segments of the economy. During his campaign, he
Join us for a preview of the 2024-2025 Virginia legislative session and what’s on our radar this year with VADA EVP and General Counsel Anne Gambardella and Barrett Charapp Beaty with Charapp and Weiss, LLP.
In this episode of VADA LIVE, host Dan Carrigan sits down with Brian Finkelmeyer, Senior Director of Enterprise Insights and Advisory at Cox Automotive, to unpack the latest trends shaping the automotive retail landscape. From the bright spots in vehicle sales to the challenges of rising inventories and affordability concerns, Brian provides a deep dive into the evolving market dynamics. Tune in to explore strategies for dealerships to stay ahead, updates on EV growth projections, and insights into how transparency and innovation are reshaping the customer experience.
VADA’s Don Hall joined officials from Virginia’s community college system on a bus tour of community colleges in Tennessee. Here’s what they saw.
In 2021, Virginia adopted the California ACC I (Clean Cars I) program starting with model year 2025 vehicles (and requiring all new vehicles sold by 2035 to be fully electric). California subsequently allowed that program
The VADA Group Self Insurance Association (GSIA) earned a Theo Award for its proactive workplace safety program, which helped reduce injuries at dealerships through practical measures.
An increase in audits throughout warranty claims processes means dealers should take a closer look at their processes. October 22, 2024 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com Dealers have noticed a trend
Dealers should continue to use caution as the FTC continues to step up enforcement actions in the industry. October 22, 2024 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com It’s no secret that the
A tale as old as time – the internet is once again both a blessing and a curse. October 22, 2024 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com The Internet is both a
In today’s business climate, leading by example is more important than ever. Strong leadership inspires teams, setting the tone for success and resilience.
Dave is one of a select group of 49 dealer nominees from across the country who will be honored at the NADA Show in January.
Based on historical data, dealers could see a continued climb in new vehicle sales going into the first quarter of 202%
Virginia dealers are leading from the front when it comes to helping neighbors in need who were impacted by Hurricane Helene.
Dealers are urged to assert warranty rights during a time of rapid change. October 3, 2024 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com For over 50 years, VADA’s goal has been to ensure
The FTC’s nationwide rule banning non-competes is set aside, but dealers need to follow state law when it comes to noncompete agreements.
Consumers form their first impressions of dealers through advertisements. Majority of a dealers advertise through the internet, allowing dealers’ the ability to change and update their advertising in real time, several times a day. Advertising compliance is critical for not only federal and state regulators but consumers.
Don Hall spent a few days with his counterparts this month in North Carolina. Here’s what they talked about.
Our interview with VADA’s ’24-’25 chair Dan Banister, a prominent dealer leader out of Hampton Roads.
If we aren’t vigilant, the actions of a few could lead to changes that impact us all. My message is this: If this industry isn’t careful, and you don’t pay attention, you will reap what others have sown.
Pay plans can lead either to employee satisfaction or to dissatisfaction. For dissatisfied employees, lawsuits are a possibility with significant liability for the dealership.
Now that courts have begun to use this rule to classify management companies as joint employers, dealer groups that operate under a common management company must be aware that their liability exposure is significantly increased.
August 2, 2024 The automotive industry is undergoing a rapid digital transformation. From inventory management to customer relationship management, technology is the backbone of modern dealerships. However, with increased reliance on digital systems comes
A Message from VADA President and CEO Don Hall July 2024 This summer marks a pivotal moment for Virginia’s automotive industry as we gear up for an impactful campaign season and reflect on the lessons
Barrie breaks down the latest from the high court, including the ruling that resulted in the Supreme Court departing from the Chevron Doctrine, and what it all means for dealers.
One of the most effective ways to ensure your dealership thrives is by actively contributing to and participating in your local state auto dealers association. These associations offer a myriad of benefits that can significantly enhance your dealership’s operations, community standing and overall success.
What happened to CDK is not unique to CDK, and it happens to large and small companies on a daily basis. For those reasons, we write this article to identify steps you can take to be ready for the next cyberattack.
Although many dealers are subject to state laws that ban non-competes for certain employees, dealerships nationwide should continue to prepare as if the FTC’s Ban on Non-competes will go into effect on September 4.
VADA has created a CDK incident Resource Center for dealers with the latest information and tools.
This month in South Carolina, we brought our convention attendees four of retail automotive’s leading minds — and now we bring them to the masses.
This message was sent from NADA to all members on June 20, 2024 CDK Global has shut down all systems because it experienced a “cyber incident.” Tell me more: Beginning on Wednesday, June 19, CDK
While you cannot control some matters, like the standard terms of your dealer sales and service agreement, there are some issues to which you can give attention protect your rights with your franchisor.
Dealers may find that they are exempt from this law, but exemption status can change and so dealers should be ready to comply.
When the Rule first was promulgated, the effective date was July 30, 2024. However, the FTC has since stayed that effective date after the National Auto Dealers Association and the Texas Auto Dealers Association filed a Petition for Review of the Review and a Motion to Stay the Rule.
Virginia’s Attorney General spoke to auto dealers at the 2024 Annual Convention, covering his decision to end Virginia’s EV mandate and insight on the challenges facing America’s electrical grid.
To all of my dealer peers and partners statewide and beyond: Thank you for making the trip to Isle of Palms for the VADA 2024 Annual Family Convention. This event for me is a time
The VADA legal and legislative team delivered an insightful 2024 update addressing topics ranging from the CARS Rule to navigating franchise and personnel practices.
VADA partner ACV Auctions has recently issued an eye-opening trend report that highlights challenges dealers may face in the months ahead and provides solutions.
The FTC amended the Safeguards Rule that affects dealerships. This amendment goes into effect on May 13, 2024.
The Federal government was very busy in the last month issuing a flurry of laws that affect dealerships and dealership personnel.
The PWFA requires reasonable accommodations for a worker’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions unless the accommodation will cause an undue hardship on your business.
The Department of Labor released a final rule defining overtime exemptions for white collar employees under the Fair Labor Standards Act (FLSA). For dealerships, the rule does not affect many employees, but you should review it regardless.
VADA has weighed in on potential plans by Honda’s JV Afeela to sell direct in the U.S. In two words: Not here.
Six Virginia dealers are among the top 150 in the U.S., ranked by Automotive News. See which dealers made the cut.
Employees may resist mandated training, but ignoring the need for such consistent efforts, especially on compliance, can be costly.
While welcoming foreign vehicles can enhance a dealership’s offerings and meet the diverse needs of its customers, it is essential to ensure that each vehicle is properly cleared through customs before accepting them as trade-ins for sale.
With the FTC hot on dealers’ heals, the FTC is looking for advertising that could appear deceptive.
It’s inevitable that a customer’s vehicle will be damaged or stolen from your lot at some point or another. How you handle the issue can make all the difference.
VADA partner ComplyAuto offers some pointers for complying with the upcoming FTC CARS Rule. Everything you need to know is right here.
Ticket prices get scrutiny as buy/sell bill nears finish line.
A Message from VADA President and CEO Don Hall March 2024 As the Virginia General Assembly session closes, I always pause to look at the strides we made this year, compounded with the legislative successes
Ticket prices get scrutiny as buy/sell bill nears finish line.
VADA’s Buy/Sell bills are close to the Governor’s desk. You can find other legislative updates here, too.
This Quiz is to refresh dealers on everyday scenarios that impact a dealership’s business. February 19, 2024 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com This Quiz is to refresh dealers on everyday scenarios
Advertising is an easy target for the FTC. February 19, 2024 By Barrie Charapp Beaty Charapp & Weiss, LLP bbeaty@cwattorneys.com As we mention in the Refresher Quiz, advertising is an easy target for the FTC.
Why showing up as a dealer when the industry calls is so important.
Buy/Sell bills moving forward as safety inspection program gets discussion.
Buy/Sell bills moving forward as safety inspection program gets discussion.
Here’s the latest from the frontlines of the Virginia General Assembly.
The Virginia DMV Commissioner spoke to dealers this week, offering his vision for the agency and an update on its operations.
Here’s the latest from the frontlines of the Virginia General Assembly.
Dealers have always persevered to overcome adversity, and 2024 will not be any different. Here are twenty-four issues to which you should give attention in 24.
The Virginia General Assembly gaveled in this week, raising the first Black person to the role of House Speaker. Here’s a look at the early bills we’re monitoring.
Starting January 1, 2024, the Corporate Transparency Act (CTA) will go into effect.
On Tuesday, December 12, 2023, much to the disappointment of those in the automotive industry, the Federal Trade Commission (FTC) issued what it calls the Combating Auto Retail Scams Trade Regulation Rule, but most dealers know it to be the “Vehicle Shopping Rule”.
A new study highlights the impact of the Commonwealth’s retail automotive industry.
An initial look and analysis of the Hyundai-Amazon partnership, and what it means for dealers.
If dealers are not taking the warnings about add-ons seriously, the FTC’s settlement with a Wisconsin dealer should give them pause.
The National Labor Relations Board (“NLRB”) issued its final rule on the standard for determining joint-employer status under the National Labor Relations Act (“Act”).
Retailers offering both new and pre-owned Electric Vehicles (EVs) and Fuel Cell Vehicles (FCVs) must sign up with the IRS.
The elections are over, and like any year, Virginia dealers remain strongly positioned.
A look at (publicly announced) merger and acquisition activity in Virginia’s retail automotive industry in 2023.
Martinsville’s Barry Nelson is named Virginia’s TIME Dealer of the Year for 2023.
Cox economist Jonathan Smoke offers a look at what’s in store in ’24 for U.S. and Virginia dealers.
October 1, 2023 After many years of VADA providing subscription vehicle registration data to Virginia dealers, we have changed the way we provide this information going forward. Cross-Sell, which publishes the “Cross-Sell Report,” has provided
Six of Virginia’s leading auto dealers were named to Virginia Business magazine’s Virginia 500 Power List for 2023. See them here.
Your ability to accurately assess and offer trade-in prices for customers’ vehicles will significantly impact your business’s growth by helping you to foster trust, boost customer satisfaction, and ultimately break free from the packIncorporate these 5 tactics from our partners at ACV Auctions.
A Cox Executive spoke to Virginia dealers about EVs at VADA ’23, and outlined four “potholes” to full electrification.
We talk to the people who loved and worked with dealer attorney Mike Charapp, who passed away in June.
Listen to our interview with auto tech leader Steve Greenfield, recorded before he joined VADA at our annual convention.
Wednesday, May 24, 2023 Hundreds of members from Virginia’s franchised new car and truck dealerships tuned in this week to our 2023 Legal and Legislative update. The VADA legal and legislative team covered several topics,
May 16, 2023 By Michael G. Charapp Charapp & Weiss LLP The federal government has announced that the Pregnant Workers Fairness Act will go into effect on June 27, 2023. “What?” you ask. “Pregnant
Reg and title solutions for healthy cash flow May 2023 Dealerships have worked hard over the past couple of years to remain profitable. However, according to Cox Automotive’s Q1 industry insights from Chief Economist Jonathan
May 1, 2023 Senator Dave Marsden (D-Burke) is the Former Chief Deputy/Acting Direct of the Virginia Department of Juvenile Justice. Sen. Marsden was a member of the House of Delegates from 2006-2010 and the
Henrico Police offer Theft-Prevention Tips to Stores We have been approached by the Henrico County Police Division about a spate of vehicle thefts from dealerships along Broad Street. The police wanted to share with
April 17, 2023 Delegate Terry Austin (R-Buchanan) represents the 19th District in the Virginia House of Delegates. Currently serving a fourth term in the House, he chairs the Transportation Committee and serves on those for
Did you know electronic reg & title solutions can benefit your fixed operations? April 2023 The best pipeline for a dealership’s service department is its sales floor and back office. Creating a great sales
Check out our March 2023 newsletter, including articles and links featuring: Reminders on Virginia’s warranty recall pay rules Virginia’s Geoff Pohanka ascending to NADA chair FTC compliance resources in advance of the June 9 deadline
March 3, 2023 By NADA Regulatory Affairs The U.S. Supreme Court recently ruled that even employees earning more than $1,000 per day or $200,000 per year are not exempt from the federal overtime premium of
Mar. 13, 2023 By Michael G. Charapp Charapp & Weiss LLP We get many calls seeking advice. Sometimes, the answer requires significant research. Other times, the answer is obvious. Occasionally, we get questions on
How electronic reg & title solutions help your dealership avoid costly fines and penalties March 2023 Missed compliance steps can be costly to your dealership’s bottom line. In today’s market, protecting profits with the
FTC Cracks Down on Targeted Advertising Without User Consent March 3, 2023 Chris Cleveland CEO, ComplyAuto The recent case against GoodRx by the Federal Trade Commission (FTC) for sharing a user’s sensitive health information with
March 2023 The following article was provided by VADA partner ACV Auctions. For more information, visit ACV’s website. Education is the foundation for growing and improving in today’s fluctuating market. To break away from
By Hao Nguyen, Esq. Chief Legal Officer, ComplyAuto In this article, we discuss the Federal Trade Commission’s (“FTC”) delay of the effective date of the revised Safeguards Rule (“Rule”) and its practical impact to your
Feb. 14, 2023 By Michael G. Charapp Charapp & Weiss LLP Consumer zealots like to accuse dealers of being dinosaurs. According to them, dealers don’t change. They engage in the same wrongdoing repeatedly, year
Feb. 14, 2023 By Michael G. Charapp Charapp & Weiss LLP Last month, in our review of 23 issues about which you should be concerned in ’23, we warned about governmental prohibitions of employee
How electronic reg and title solutions help safeguard your dealership Feb. 13, 2023 Compliance and risk mitigation steps are important and necessary throughout each deal to protect the dealership in a variety of ways.
The Biden Administration has changed its definition of an “SUV” to make more electric vehicles eligible for up to the full $7,500 in federal tax credits at higher prices. This change means certain vehicles that
Jan. 19, 2023 Resolve to trim the waste with a suite of electronic solutions Oh, New Year resolutions. They come, they go, they’re forgotten a week later, or they stick and become healthy new
Jan. 16, 2023 By Michael G. Charapp Charapp & Weiss LLP “Just let us sell cars” is a philosophy that many dealers share. As the world struggled to get through the pandemic and then
Dec. 15, 2022 By Michael G. Charapp Charapp & Weiss LLP Whether to characterize workers as employees or independent contractors has been highly politicized for some time. When Democrats control the Executive Branch, they
Dec. 15, 2022 By Michael G. CharappCharapp & Weiss LLP On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) published a new poster entitled “Know Your Rights.” This replaces the previous “Equal Employment
Dec. 15, 2022 By Michael G. Charapp Charapp & Weiss LLP Dealers and their trade associations have expended substantial efforts to pass franchise laws protecting dealers’ rights. Those laws are essential. Without them, franchisors
Dec. 9, 2022 Save more, deal more with a suite of electronic solutions Every penny counts in today’s market of high interest rates and the risk of a recession. While customers are still lining
November 2022 VADA likes to remind our members from time to time about the various VA Code sections that apply to dealers in running their businesses. Use of dealer tags is essential, but sometimes
Nov. 10, 2022 By Michael G. Charapp Charapp & Weiss LLP For more than one year after the inauguration of President Biden, the FTC was deadlocked. Set up to have three commissioners from one
Read the latest issue of our newsletter, which includes: An overview of our 2023 franchise legislation in Virginia Virginia’s Time Dealer of the Year A roundup of Virginia dealers in the news Partner news from
October 2022 Manual registration and title processes can be inefficient and costly. The time and money you spend on maintaining copiers, printing, and handling documents, cutting paper checks for payoffs, and paying for postage and
Oct. 13, 2022 By Michael G. Charapp Charapp & Weiss LLP I regularly suggest action dealers should or should not take. For some matters, the guidance is so established that we assume readers understand
September 2022 The Virginia Automobile Dealers Association (VADA) has partnered with RockED to offer its innovative Growth Management platform to all VADA franchised automobile and truck dealers. VADA President & CEO Don Hall on
Sept. 18, 2022 By Michael G. Charapp Charapp & Weiss LLP Adverse action notices are not just for consumers denied credit. The Fair Credit Reporting Act (FCRA) also requires consent to run credit reports
September 2022 Even the most routine vehicle sale requires the completion and submission of numerous forms. Postage and shipping charges to get the right documents into the hands of lenders and DMVs add up
Sept. 18, 2022 By Michael G. Charapp Charapp & Weiss LLP Some myths return on a delayed schedule like cicadas emerging every seven years. One we have seen resurrected on more than one occasion
Sept. 18, 2022 By Michael G. Charapp Charapp & Weiss LLP While we are discussing consumer reports, we should also take a moment to remind dealers of the circumstances under which they can access
August 29, 2022 The California Air Resources Board (CARB) is responsible for evaluating the emission control systems and setting mandates for zero-emissions new vehicles and engines in California. On August 25, California established a year-by-year
Updated November 2022 Note: On Nov. 15, 2022, the FTC announced a six-month extension of the deadline for companies to comply with some of the amendments to the FTC’s Safeguards Rule. The deadline for complying with some of the updated
Which EVs qualify for the tax credits? In order for EVs to qualify for the tax credit, final assembly of the vehicle must occur in North America. Dealers can enter a Vehicle Identification Number (VIN)
August 2022 Your team at the Virginia Automobile Dealers Association continues to monitor the chip shortage and its impact on Virginia dealers. This summer the U.S. Senate approved funding to bring chip manufacturing back
August 2022 Holding costs are what a dealership spends to hold unsold inventory, including storage space, labor, insurance, interest charges, and more. Can they vary? They sure can, thanks to changing operating expenses, floor
August 2022 Note: Digital Air Strike, a leading consumer engagement and customer experience (CX) technology and services company, has been selected by VADA to provide needed Customer Experience technology to our dealer body. The
The Senate has reached a deal on a broad $369 billion legislative package for climate and energy spending. The legislation means carmakers will be able to continue offering $7,500 in tax credits for the purchase
July 18, 2022 By Michael G. CharappCharapp & Weiss LLP The Federal Trade Commission has issued for comment a proposed trade regulation rule on motor vehicle sales. Although the National Automobile Dealers Association has
Reg and title solutions for saving money July 14, 2022 Surging consumer demand has recently led to record profits for dealerships despite the pandemic and chip shortages. However, we’ve seen a decline in sales
Persistent Supply Problems Continue to Hold Back Auto Industry June 28, 2022 June U.S. new-vehicle sales are expected to show a market still constrained by a lack of supply and one that is virtually unchanged
Cox Automotive Battery Expert Outlines Evolving EV Market June 20, 2022 By Jeff Kelley for VADA.com Complex and dynamic variables are impacting the electric-vehicle market, but one thing is certain: Sales are charging up and
June 20, 2022 By Jeff Kelley for VADA.com The franchise system is under attack, but if dealers focus on ensuring a great and easy buying experience – and giving flexibility to consumers in how they choose
June 20, 2022 U.S. automobile dealer sentiment in the second quarter of 2022 softened as U.S. auto dealers’ attention turned to inflation, high costs and tight inventory, marking the fourth straight quarter-over-quarter decline in
June 3, 2022 By Michael G. Charapp Charapp & Weiss LLP Several auto repair shops, including some new car dealers, have recently been subject to retail sales tax audits by the Tax Department. One
Wednesday, June 1, 2022 More than 260 members from Virginia’s franchised new car and truck dealerships tuned in to our 2022 Legal and Legislative update presentation last week. The VADA legislative team covered several topics,
May 2022 By Michael G. Charapp Charapp & Weiss LLP Heightened regulatory scrutiny has many dealers legitimately concerned about enforcement actions against them for advertising violations. Advertising motor vehicles is more regulated than advertising for
May 2022 By Michael G. CharappCharapp & Weiss LLP This checklist is a companion to my article “Looking for Advertising Problems?” which details how dealers can avoid enforcement actions as advertising comes under increased
May 2022 By Michael G. Charapp Charapp & Weiss LLP Dealer personnel continue to believe that when a dealership sells a used vehicle with a dealer warranty, the FTC buyer’s guide may serve as
Our partners at Cox Automotive have been studying the car buyer financing journey to explore the steps of the process and measures consumers’ satisfaction with the overall vehicle financing process. Here’s the study. Here’s the
Keep your eye on the ball and build new relationships as industry uncertainty continues April 2022 This summer marks my 35th year serving the auto dealers of Virginia. And it’s been longer than that working
Our members’ spirit of giving back to their communities continues with donations to worthy causes, support for youth sports, and other philanthropic pursuits. Before we detail the latest list of dealership good deeds, we know
A General Assembly session that drove dealers forward Months of hard work and planning lead to unanimous passage of warranty/recall bill and other successes March 2022 The General Assembly is nearing the finish line after
Virginia dealerships took to social media to honor Women’s History to celebrate International Women’s Day this March. Our businesses raised money for local nonprofits, and they helped shelter animals find a home. We’re shining
March 14, 2022 NADA honors Carter Myers Automotive service manager The National Automobile Dealers Association has named Carmen Hinton as the winner of the 5th annual Women Driving Auto Retail Video Contest, sponsored by Stellantis.
Delivering legislative wins requires more than hard work The upcoming election season also requires an investment in our future February 2022 As you know, a record month takes work. Sales records are predicated on a
February 17, 2022 COVID-19 Workplace Restrictions No Longer Enforced As a result of Governor Glenn Youngkin’s Executive Order No. 6, the Virginia Department of Labor and Industry’s “Full Permanent Standard” for certain workplaces, including most
It’s time to take a moment and reflect again on the all the work that dealer-members are doing for their communities. Whether it’s raising money for good causes or partnering with local nonprofits, our members
We are back again highlighting the good causes that VADA members are involved in within their communities. Dealers throughout Virginia took to social media this month to pay tribute to Martin Luther King. Jr.
Join our fight in advocating for our industry Use VADA’s new Action Center to weigh in on issues impacting your business January 2022 The General Assembly is underway, and your team at the VADA has
Our dealers are an integral part of their communities. It’s about more than running a business. It’s also about giving back, and dealers throughout Virginia do that in countless ways. They help provide food for
The holiday season arrives after a year of success More opportunities are on the horizon in the coming year December 2021 The holiday season is once again upon us offering an opportunity to celebrate the
The Washigton Area New Automobile Dealers Assocation has nominated James Gramm, president of Safford Automotive Group, for the 2022 TIME Dealer of the Year award. Gramm, a former VADA board member, is one of a
Burton M. Lustine, Chairman of the Board and Owner of Lustine Toyota and Lustine Chrysler Dodge Jeep Ram, has passed away. Burton’s father, Philip Lustine, founded the Lustine family of dealerships in 1923, starting with the
Voters choose major shift in state government Plus, Thanksgiving thoughts for our families and our businesses November 2021 Virginia politics underwent a sea change this month with the GOP winning back the Governor, Attorney
November 12, 2021 As you may have seen in the press, the federal Occupational Safety and Health Administration’s vaccine mandate regulations were released this month. Please note: OSHA has stayed any action to implement or
November 8, 2021 TIME AND ALLY FINANCIAL HONOR WOODBRIDGE DEALER Christopher Lindsay Wins National Recognition for Community Service and Industry Accomplishments The nomination of Christopher Lindsay, dealer at Lindsay Chevrolet in Woodbridge, Virginia, for the 2022
November 3, 2021 Youngkin scores upset in close governor’s race, GOP secures wins across Virginia As you are aware, Republican Glenn Youngkin (50.67%) pulled off an upset to become the next Governor of Virginia, defeating
October 25, 2021 Training for Higher-Risk Employers Plus: See below for mask signage, as masks are still required for employees and optional for vaccinated customers The VOSH Standard for Infectious Disease Prevention requires employees in
October 18, 2021 Here are the latest economic indicators for the retail auto industry from our partners at Cox Automotive: Industry Update One-Sheet-September 2021 The unemployment rate declined to 4.8% in September from 5.2% in August
This critical election needs your voice and your vote Casting a ballot is our solemn duty October 2021 Voting isn’t just our right as citizens. It’s also our duty. We urge dealers to encourage your
Our reputation is the foundation for our business. Unfortunately, there are people trying to profit from our good name by sending out deceptive mailers that falsely claim to be from a dealer in the hopes
If you provide entertainment in your dealership’s showroom or service waiting areas, whether it’s film, television, or just music, you may be required to obtain a license. Federal copyright laws require that a commercial establishment
Cintas is a VADA Program Partner. These are businesses with a product or service offering of interest to member dealers. If you are interested in becoming a Program Partner, contact Aris Woolfolk. Benefit from discounted
MOC Mid-Atlantic is a family-owned business, and this year marks the 50th year in business. We are based out of central Virginia and have eight facilities spread across the East Coast. Five of them are
EVs will help fuel more than one kind of green revolution September 2021 Earlier this month, I took my 91-year-old father-in-law, Don Riester, for a ride in VADA’s new all-electric Volkswagen ID.4. An engineer by
September 2, 2021 In the ever-shifting recommendations and regulations surrounding COVID-19, we have been getting questions about mask requirements for dealership employees. The Virginia Department of Labor and Industry (DOLI) has updated its guidance again
You may have seen information about hazardous waste reporting requirements, including a September 1 deadline to notify/re-notify the Virginia Department of Environmental Quality (DEQ) of your generation category. DEQ recently sent an email to its
Key overtime win highlights importance of Electric Election campaign Our summer PAC campaign continues August 2021 In an election as vital as Virginia’s in 2021, you cannot be without a voice as voters choose the
August 20, 2021 As you are aware, the Delta variant of COVID-19 is causing uncertainty in our world and confusion for many. Here are the facts. Vaccination is the best way to stop the spread
Electric Election: Let’s keep your successes alive! Support our summer PAC campaign July 2021 All eyes will be on Virginia this November when we are one of only two states with statewide elections. In an
A tribute to Senator John Warner, an advocate for dealers And a warm welcome to our in-person convention June 2021 Many years ago, we hosted a meet-and-greet luncheon on Capitol Hill in Washington. Virginia senator
May 17, 2021 Updated Mask Signage for Dealerships With news that vaccinated employees (both sales and service) and customers are no longer required to wear face masks, we have created revised signage for your
Looking back – and mostly forward Winning every day for VA’s dealer body May 2021 In the car and truck business, dealers live month to month. But at VADA, part of our job is to
May 7, 2021 Easing COVID restrictions at dealerships? Not so fast. You may have seen news reports about Governor Northam’s plans for easing restrictions in Virginia. The Governor said he hopes to be able to
The $1.9 trillion stimulus bill that President Joe Biden signed earlier this month will completely pay COBRA premiums for laid off employees, and the legislation extends tax credits for businesses that continue to pay for
January 2021 The 2021 General Assembly session convened this month, and to say that things are a little bit different would be a major understatement. Ensuring that the legislators understand our industry
Our partners at Cox Automotive have released a November 2020 Industry Update. View/Download by clicking the image. Highlights include: October total new vehicle sales were up 0.9% year-over-year with one more selling day compared to
NOVEMBER 2020 While the coronavirus pandemic has consumed much of our attention in 2020, we find ourselves nearing the end of the calendar. No doubt, this has been a year of change – one
OCTOBER 2020 Voting on November 3 is more than your Constitutional right. As Americans, and in appreciation for the many who fought for generations to protect that fundamental right, voting is also your responsibility.
As you know, next Friday, Sept. 25 is the deadline for certain employers to implement and train select employees on an infectious disease preparedness and response plan. The plan is among requirements for “medium” level employers with
Since Aug. 1, dealers have been responsible for completing the required background checks for initial salesperson licenses through a Dealer Board-approved vendor. As of Sept. 9, six vendors have been approved. While the Dealer Board
We have written extensively on customer data protection issues. There has been no hotter issue considered by state legislatures, principally because of passage in California of consumer data rights legislation with which California dealers have
Many of Virginia’s auto dealers have pushed for transformations in how they operate since the coronavirus pandemic hit earlier this year. A big part of that is driving a greater volume of digital sales, which
This is one in a series of profiles of VADA and Integrum Advisors team members. With these profiles, we ask them to share a story — funny, touching, insightful, or meaningful. Here’s Elvys Martinez, our
SEPTEMBER 2020 Across Virginia and the country, students are going back to school, although in a very different way in many cases. From preschool to college, much of this next generation – including many of
AUGUST 2020 To beat them at their own game, we need to play on their field. I drive a big SUV. I’ve always liked big cars, and those who know me will tell you
Selling more vehicles via online channels is a great way to grow business. But those vehicles sometimes need to get delivered directly to their new owners – who might live around the corner or another
Here’s why. By: Michael Allen, Executive Manager, VADA Group Self-Insurance Association, mallen@vada.com, 804-545-3012 On occasion, we are asked why our safety recommendations exceed OSHA standards, which are the guidelines for recommendations made by commercial
This is one in a series of profiles of VADA and Integrum Advisors team members. With these profiles, we ask them to share a story — funny, touching, insightful, or meaningful. Here’s Tommy Lukish, our Legislative
In June 2020, the U.S. Supreme Court issued a highly publicized ruling that the federal law on equal employment opportunity, known as Title VII, extends to employment decisions based upon the sexual preference or transgender
When the Consumer Financial Protection Bureau was created by the Dodd-Frank Act, it was designed to be free from political shifts resulting from changes in Presidential administrations. The bureau was to be led by a
Working through your HR personnel, you must be sure that your sales personnel earn minimum wage for each hour worked. We have written about this often, suggesting you use a time clock for reliable records
On July 15, Virginia adopted the nation’s first state-level COVID-19 workplace safety requirements (available here) —formally §16VAC25-220, Emergency Temporary Standard (ETS). According to a news release from the Office of the Governor, these rules “will
July 2020 Summer is usually a transition time for our industry. We’re finishing our sales of last year’s models and awaiting inventory of the latest vehicles. Without question, the coronavirus pandemic has changed those
At its June meeting, VADA’s Board of Directors selected Tom Bates of RK Chevrolet as its newest Chairman. Also joining our Executive Committee is Mike Beyer of Beyer Automotive Group Bates takes over for immediate
Nick Mumejian was working two jobs to pay for college. He was also attending classes, which made for a tough balancing act. “A friend suggested I take some time off school and start selling cars.
Every year, federal and state laws and regulations change, and your VADA Team is committed to ensuring you have the latest information to run a compliant dealership. Our annual Legal and Legislative Update, hosted virtually
This is the first in a series of profiles of VADA and Integrum Advisors team members. With these profiles, we ask them to share a story — funny, touching, insightful, or meaningful. Here’s Kathie. “I was
Supplement for Virginia Dealers Elections have consequences, so they say. An example is the Virginia General Assembly. The last two elections have brought sweeping changes to the General Assembly. The 2020 session was marked by
When Congress forced the Consumer Financial Protection Bureau to end its campaign against dealer reserve, some dealers got the impression that a fair lending policy is not important to your compliance program. Similarly, some dealers
Dealers regularly receive renewals of their franchise – the dealer sales and service agreement (“DSSA”). “It is a form standard for all states, so just sign” your representative says. To an extent, that is true.
June 30, 2020 On June 22, 2020, VADA held its annual Legal & Legislative Update. We covered a range of topics, including: Employment law changes Minimum wage Safety inspections Peer-to-peer vehicle sharing Dealer plates (specialty
The 2020 VADA Annual Convention was planned for this week in Asheville, N.C., but the pandemic had other ideas for us. We know that a highlight of this event is the insights you gain from
On June 5, 2020, President Donald Trump signed the Paycheck Protection Program Flexibility Act (PPPFA), bringing several critical changes to the Paycheck Protection Program (PPP). The bill originated in the U.S. House of Representatives, where
June 2020 Without question, this is a time of great change within our country, our state, and our communities. From the pandemic to protests, events over the last few months have given us all
As everyone works toward a better tomorrow, each is learning lessons and taking steps to improve. While everyone should be pulling together, some may seek to take advantage of the crisis to the detriment of
Plus: Get our free mask sign download for all Virginia dealers (below) As of December 10, 2020, all individuals in the Commonwealth aged five and older must wear a face covering when indoors. You must
How the Commonwealth’s Phased Reopening Impacts Virginia’s Franchised New Car and Truck Dealerships View Virginia’s COVID-19 workplace safety requirements and VADA Q&A (updated August 6, 2020) Localities in Phase Three: Every locality in Virginia, including
On Friday (May 15), the U.S. Small Business Administration (SBA), in working with the U.S. Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application with instructions on how to apply. “SBA will also soon issue regulations and
May 15, 2020 We have heard from several dealers that some employees have claimed they are exempt from wearing a protective face covering based on health conditions, disability, religion, personal freedoms, or constitutional rights. You
May 2020 In mid-March, the world as we knew it came to a near-immediate standstill, as the coronavirus began its spread across our country. As we faced challenges in how we operate – even
updated June 5, 2020 On May 12, Governor Ralph Northam issued Executive Order 61, which revises the public health guidance in Executive Orders 53 and 55. Coinciding with the Order are newly released Guidelines for
Our lives have been dominated by the coronavirus. This pandemic has been about far more than the business issues we cover. Although it is tempting to find subjects to discuss in this article to distract
“Role models like Conoly know that to live a long and happy life requires balance in your business relationships, your personal relationships, the relationship with your maker, and the relationship with your community.” — Don
On Wednesday (April 29), we encouraged dealers to create a budget to ensure proper use of PPP loans. Today, we reiterate the importance of doing so, recommend dealers consider external and internal communications relative to
Historic lows are expected in April as the full effects of COVID-19 are felt across the U.S. auto market, according to VADA Program Partner Cox Automotive. Among the numbers: Light-vehicle sales volume is expected to
April 2020 To say we’re living in unprecedented times is an understatement. Things are changing by the week, by the day, sometimes even by the hour. What you need to know most is that
For more than a century, franchised auto dealerships have met various challenges to serve the transportation needs of their communities. One of the current challenges for franchised dealers everywhere is to operate businesses amidst economic
Our latest dealer survey, conducted in late March, shows that every one of your businesses has been impacted by the coronavirus outbreak — with nearly 75% reporting the impact as “extreme.” Sales appear off by
Dealers have a new concern about the used vehicles they buy or take in trade – digital updates that disable vehicle functions. You buy a vehicle with the latest tech, advertise it with those tech
Dealers have become accustomed to having large amounts of franchisor money at stake in day to day operations. Historically, warranty and recall repairs have generated substantial monthly claims. While the increasing quality of vehicles may
By now, you have probably heard that on Feb. 28, 2020 the Department of Defense granted a petition from the National Automobile Dealers Association to withdraw its 2017 interpretation of the Military Lending Act that
We often warn that digital fraud is a growing threat to dealers. The coronavirus gives hackers and scammers an opportunity to show there is no depth too low for them to sink. Their scams are
One day you receive a letter inquiring about the software on your business computers. It starts politely. The Business Software Alliance invites you to do an audit and report the results of the audit to BSA.
For months, we have been advising you to use the expired Form I-9 to verify employee identity and authorization to work while the government finalizes a revised form. The government has finally revised the form
The stories of the coming apocalypse, especially in mainstream publications, are endless. The franchise system is outmoded. The car business needs disruption. Disruptors have arrived, and even more are coming. It will only be a
Most Virginia dealers are at least somewhat concerned about the impact of coronavirus (COVID-19) on their business, according to results of a VADA survey conducted in early March. A third of respondents are concerned or
This message was emailed to dealers on March 5, 2020. Greetings from VADA, The evenings are getting a bit brighter, the weather a bit warmer, and I hope it has been a prosperous first quarter
In today’s political climate, it is critical VADA supports candidates who understand the auto industry and will listen to your concerns. Our franchised dealer community plays a powerful role in the Virginia economy: With nearly
March 2020 The General Assembly is expected to finish its 2020 session this week. To say that things are different in Virginia now is a real understatement. With Democrats now controlling both the House
Time is money – and Dealertrack’s Accelerated Title can deliver both to you. As you know, retailing and wholesaling vehicles that you take in on trade is a lot smoother when you have the title
In history-making year, General Assembly maintains annual safety inspections, passes other significant legislation. Session 2020, Issue 9 March 9, 2020 In many ways, this was a year of firsts for the Virginia General Assembly. For
VADA to participate in workgroup to study best practices for providing electric vehicle incentives. HB 717 demonstrates VADA’s legislative involvement outside franchise issues and throughout the year. Session 2020, Issue 8 March 3, 2020
You have been hearing and reading about the coronavirus. News reports about its seriousness vary, some saying it is no more serious than a flu outbreak with others worrying it is a serious health event
House and Senate pass varying versions of a state budget, will ultimately compromise and present a single version to the Governor. Also, read (and watch) the latest on safety inspections. Session 2020, Issue 7
Virginia dealer leaders were recognized on a national level at National Automobile Dealers Association Show in Las Vegas. First, there’s Liza Myers Borches, President and CEO of Carter Myers Automotive. She was this year’s
After crossover, work continues for the General Assembly and VADA. More Democratic bills are still alive in 2020 compared to the last 60-day session. Plus, read for an update on headline legislation and industry specific
February 2020 This week is “crossover week” in the General Assembly, meaning bills that have survived the House of Delegates are sent to the Senate – and Senate bills go on to the House
Senate removes safety inspection repeal from omnibus transportation package. House considers legislation on vehicle emissions standards. Business-centric measures undergo review in both chambers. Session 2020, Issue 5 February 10, 2020 It appears safety inspections
The legacy and memory of longtime VADA member Karen C. Radley was honored with a recent donation that continues her passion for hoseback riding for all. Radley Chevrolet / Cadillac management team members – including
2019 saw U.S. new vehicle sales of just over 17 million units. While that was 200,000 units shy of 2018, it exceeded the NADA prediction of 16.8 million annual sales. The continuing consistency of the
VADA GSIA has developed and launched a new smartphone app for its members. Available on Google Play and the Apple store, the app has three functions: Speed up claims reporting time. Provide an instant safety
It appears safety inspections will remain. How frequently they’re required is to be determined. Session 2020, Issue 4 February 3, 2020 Safety inspections For weeks now, your legislative team has been hard at work
Session’s third week features successful Dealer Day plus continued efforts to maintain Virginia’s safety inspection program. Session 2020, Issue 3 January 27, 2020 Last Wednesday, VADA held its annual Dealer Day at the Capitol
JANUARY 22, 2020 More than 90 leaders from dealerships across Virginia, along with VADA staff, traveled to Richmond to “bring horsepower to the Capitol” as part of VADA’s annual Dealer Day at the Capitol event.
A recap of session’s second week, legislative tracking to date, plus excitement for Dealer Day at the Capitol Wednesday, January 22. Session 2020, Issue 2 January 20, 2020 Greetings from VADA, We are two weeks
January 2020 The 2020 General Assembly convened earlier this month – which means your VADA team is heavily involved with legislation that could have an impact on your business. Again, it’s important to note
Speaking of pay plans, have you ever investigated whether individualized pay plans may cause the dealership a pay equity problem? This is usually not an issue with salespeople paid under a plan for the entire
There’s a changing of the guard coming next month. Mike Suttle, of Suttle Motors in Newport News (pictured), will take over as NADA director for Virginia, as Bruce Farrell of Berglund Automotive Group in Roanoke exits the
As your dealership looks for office supplies and more, there’s a new name in town. W.B. Mason recently acquired R&R Office Solutions, which means you now have access to even more products. Founded in 1898,
Dennis Ellmer, owner and president of Priority Automotive in Chesapeake, will receive the Northwood University Dealer Education Award during the NADA convention next month. For more than 50 years, this award has recognized automotive retail
Pay Plan Structure The pay plan is written. You will be surprised how few know what “everybody knows” if the pay plan is disputed. The pay plan must be dated. Make sure pay plans are
Pay plans are critical to your business. They describe how employees will be paid. Pay plans can lead either to employee satisfaction or to dissatisfaction, even lawsuits with the possibility of significant liability. For a
A new, historic year for the General Assembly — and an important one for VADA. Session 2020, Issue 1 January 12, 2020 Last Wednesday, January 8, the Virginia General Assembly began its 2020 Regular Session.
Effective Jan. 1, all dealers using CSCs and DMV dealer centers will begin using auto auctions (located in Fredericksburg and Harrisonburg) for the manual processing of title and registration work. Previously, DMV listed three approved
In 2019, this newsletter has covered several issues about which personnel in the dealership should be aware. This quiz tests your knowledge of several important issues covered this year. Click on the question to reveal
VADA members met this month in Northern Virginia with the Virginia State Police to discuss ways to eliminate auto theft. More than 30 dealer leaders assembled at the Pohanka National Operations Center in Chantilly to
When you’re committed to both your customers and your industry, people take notice. And last month, NADA honored our own H. Carter Myers III for 25 years of service with the Presidents Club Award. The
Earlier this month, VADA’s legislative team met with Sen. David Marsden, incoming chair of the Senate Transportation Committee. Senator Marsden is the incoming Chairman of the Senate Transportation Committee. We are fortunate to have known
VADA’s unique reporting service – available only by subscription – can give your sales managers the information they need to seal the deal with customers. Are you taking advantage of this? Every week, we download
As part of our effort to reach members in new and exciting ways, we’ve launched podcast, High Octane. VADA invested in top-of-the-line podcasting equipment and we have created a small studio at our Richmond headquarters
With the new year fast approaching, the U.S. Department of Energy (DOE) and the U.S. Environmental Protection Agency (EPA) are seeking dealers’ help in providing customers with information about fuel economy and the benefits of
Many dealers are asked to sit on boards of banks, charities, universities, and other entities. One critical inquiry a dealer who is asked to serve on a board should make is about directors and officers
December 2019 As we approach year’s end, I understand this is an important time for your businesses. It is also a magical season with family and friends. Whether you celebrate Christmas, Hanukkah, or another holiday,
(L-R): Senior Senate Transportation Committee member David W. Marsden (D-Fairfax), VADA President & CEO Don Hall, and retiring Virginia Senator and Chair of the Transportation Committee Charles W. “Bill” Carrico Sr. (R-Grayson, also our Senior
Over the last several months, dealers have experienced thefts at both dealerships and dealer-owned storage facilities. Whether these events are related is to be determined. While we understand the majority of these instances have occurred
As members know, running an auto dealership – whether a single site or part of a group – is complex. That makes efficiency a critical part in managing both day-to-day operations and costs. Enter MOC
By now, you’re probably aware that we have a completely new legislature coming into Richmond for the 2020 General Assembly session. During the recent elections, Democrats claimed majorities in both the House of Delegates and
Special license plates commemorating the 2019 NCAA Championship UVA men’s basketball team are available as dealer tags. We appreciate Commissioner Holcomb for assisting in making these available to our dealers. Andy and Dick Myers, Myers
Our dealers have raised important questions about data sharing – and these data issues have caught the attention of your VADA team as well. From DMS vendors to larger data legislation like the recent California
We have written extensively about protecting your dealership when contracting with suppliers. Some dealers may not view their franchisors as suppliers, but they are if programs are offered, not mandated. You cannot negotiate the standard
All dealers want to maintain cordial working relationships with their franchisors. They do not want to antagonize their “partner.” Unfortunately, for franchisors, the “partnership” often lasts only as long as the willingness of a dealer
One significant challenge to dealers is managing employees to steadily and uniformly work to reach your goals. Employees will resist mandated uniform requirements, but ignoring the need for consistent efforts, especially on compliance, can be
Time and Ally Financial Honor Roanoke Dealer William Farrell Wins National Recognition for Community Service and Industry Accomplishments at NADA Show (New York, NY, October 21, 2019) – The nomination of William Farrell, dealer principal at
Several members of our dealer community joined the VADA team last month at the National Automobile Dealers Association’s annual Washington Conference. This two-day event helps educate a national audience of dealers on important legislative and
Late last month, members of the Virginia Legislative Black Caucus and the Legislative Black Caucus of Maryland gathered for a shared fundraiser in Washington, D.C. Joining the crowd were Congressman Bobby Scott (D) of Virginia,
Form I-9 is an employment eligibility verification document that employers use to confirm an individual’s identity and right to work in the U.S. There have been numerous versions of Form I-9. It is important that
If you are an employer confused about the federal government’s position on handbook provisions requiring civility and professional behavior by employees in internet and social media posts, you are not alone. Common sense suggests business-like
Last month, we examined whether a release a dealership receives is effective. As we discussed, a release is a contract. It requires offer, acceptance, and consideration. If you are going to give something of value
Dealertrack’s Accelerated Title solution gives Virginia dealers faster vehicle payoff and title release on top of existing expedited registration and title processing Virginia dealers have access to a new tool that will continue to improve
October 2019 In less than a month, Virginians will step into the voting booth to elect the 140 legislators who will help lead our Commonwealth for the next two years. Tuesday, Nov. 5, is Election
Priority Toyota Chesapeake was named Toyota Motor Corp.’s prestigious “Best in Town” award winner for 2019. The award recognizes the dealership’s groundbreaking program that trains non-violent Norfolk City Jail inmates as automotive technicians. Established in
Today at Richmond Ford Lincoln, Del. Jeff Bourne and representatives of the Virginia Automobile Dealers Association presented Ron Kody, president of Richmond Ford Lincoln and 2019 Time magazine Quality Automobile Dealer of the Year Nominee for Virginia,
Test Your Knowledge of Rules for Form Releases Dealers often request a form release so they can protect themselves from litigation when compensating customers. But a release only protects a dealer if it is effective.
Preventing Data Leakage We have written about the increased government scrutiny of data protection by businesses. Dealers should recognize this, and they should make data protection a priority. The FTC has been emphasizing the importance
Throughout each year, VADA leaders and members participate in events and meetings hosted by other industry organizations. Recently, Jason Wilson, VADA general manager, attended a peer group meeting of the Automotive Trade Association Executives. He walked
Since launching in July 2018, the Manheim Express app has continued to raise the stakes in digital wholesaling and elevate the client experience. With hundreds of field representatives across the nation, Manheim Express Concierge provides you
September 19, 2019 Congratulations to Mike Suttle of Suttle Motors in Newport News. He’s been elected as NADA director for Virginia. A third-generation dealer, Mike and his family have served Hampton Roads since the start of
$1.665 Million Dividend Declared for Current Year The VADA Group Self-Insurance Association (VADA GSIA) has declared a $1.665 million dividend for the current year. This dividend includes funds from 15 plan years between 1996 and 2012. This marks
A few months ago, I was on the road and spent some time observing sales training. I closed my eyes – and it took me back some 40 years. Everything I was hearing in terms
We’re honored to welcome our new leadership to the 2019-2020 VADA Board of Directors. Dave PernoChairmanPriority Automotive Tom BatesVice ChairmanRK Chevrolet Emily BeckTreasurerMarlow Motors Elizabeth Myers BorchesSecretaryCarter Myers Automotive Mark TysingerImmediate Past ChairTysinger Automotive Family
Building a successful business means having the courage to dream big. During our 2019 VADA Family Convention, that was the cornerstone of our featured session with Amelia Rose Earhart, who is the youngest person to
Greetings from VADA, Summer is finally here, and that means our annual Family Convention is right around the corner! We are only a few weeks away from the biggest event we host each year, this
For years we have emphasized the importance of a company policy for supplier contracts. There are many suppliers of many goods and services. For dealers, it is a buyers’ market. Why then do dealers not
Last month we reported that a federal court in the District of Columbia ruled improper the federal Office of Management and Budget’s action blocking revision by the Equal Employment Opportunity Commission of its EEO-1 form
We are sad to report the passing of Robert Rosenthal, head and founder of the Rosenthal Automotive Group. He died over Memorial Day weekend at the age of 91. An eminently successful automobile retailer, Bob
On Thursday, May 23rd, VADA hosted our Virginia Dealer University CFO, Controller & HR Seminar at The Place in Glen Allen. We discussed current trends in the industry as well as HR updates and methods
So…an insurance company wants you to do some marketing for them by making your customers aware of their products during the sales process, maybe by the use of brochures or providing a link from your
Please read the following update to the reporting and recording requirements under the federal Occupational Safety and Health Administration (OSHA) and Virginia Occupational Safety and Health (VOSH). We encourage you to forward along this information
Please click the links below for the presentations from the CFO, Controller & HR Seminar. Thank you for attending! The Me Too Movement, Marijuana & Other Labor Law Updates Bill Ford, SESCO Management Are
The Virginia Automobile Dealers Association is proud to announce that Charles W. (“Bill”) Carrico, Sr., will be joining VADA as a Senior Field Representative for our Southwest Virginia region, beginning May 1, 2019. Mr. Carrico,
Dealer Websites and ADA Compliance From time to time, businesses face challenges to their accommodations for the disabled under the federal Americans with Disabilities Act. The latest area for challenge is websites, with claims they
We took a trip to Christiansburg, Virginia to visit Gary Duncan of Duncan Automotive Network and his incredible classic car collection. Inside his warehouse sits approximately 1,400 vehicles, most of them imported from Japan. One
Greetings from VADA, I hope you all had a nice Easter with your families and are enjoying this warm, spring weather. Earlier this month, the VADA Executive Committee met to discuss the Association’s current state
Dealers report an increase in chargebacks from finance and lease sources related to cancellations of voluntary protection products like extended warranties and GAP. Some finance and lease sources are going back three to five years
Here are some recent developments that are important to your dealership. Joint Employer Doctrine Revised During the Obama administration, the Department of Labor issued an interpretation of the joint employment doctrine of great concern to
Recommended CPE Credit: Eligible for up to 6 Hours (Pending Approval) Prerequisites: None Advanced Preparation: None Program Level: Basic Program Summary: This seminar, hosted by VADA, is intended to inform our target dealership audience of
Greetings from VADA, In its 2019 Regular Session, the General Assembly considered 2,362 bills. It passed 950, defeated 1,311, and merged 101 with other legislation. The next step for the 950 was signature, veto, or
Greetings from VADA, We hope this letter finds you well and that each of you is enjoying the start of Spring! I trust warmer temperatures will be here soon. Earlier this month, I had the
In the past few years, there has been a decline in the number of auto manufacturers participating in auto shows. Additionally, the overall climate surrounding these events has changed. Auto shows, like ones in the
In today’s auto industry, fixed operations are more important than ever. More dealerships today make a large portion of their money doing repair and warranty work than ever before. And yet, we are all aware
In the last two issues, we discussed who pays for the defense of a lawsuit against the dealership. Your insurance coverage can be invaluable if you face a serious lawsuit. A recent case issued by
In the early years of the new millennium, the Federal Trade Commission issued regulations implementing provisions of the Gramm Leach Bliley financial reform legislation. In 2000, it issued the Privacy Rule, requiring notification about your
Do you use an arbitration agreement for employee or customer disputes? Does your arbitration agreement provide that the Federal Arbitration Act controls and any decision about arbitrability of a dispute will be determined by an
Don Hall, President & CEO Anne Gambardella, Esq. Tommy Lukish, Esq. Greetings from VADA, The 2019 Session was a whirlwind of activity with lots of long days spent at the Capitol working on behalf of
We’d like to commemorate the life of Mike Pallone, owner of Mike Pallone Chevrolet in Springfield, Virginia. Mike was a longtime member of the Virginia Automobile Dealers Association and friend of Don Hall. He served
We’d like to commemorate the life of Ken Hall, a longtime auto dealer and leader of the business community in Hampton Roads, and a beloved husband, father, grandfather and friend. Owner of Hall Automotive, Ken
Recently, we published an article discussing who should pay to defend the dealership if it is sued. What if you and your lawyer determine that your insurance company should be defending you in a lawsuit
Your sales personnel are on social media communicating with customers, prospects, and suspects. Sometimes they are simply posting truncated versions of your advertisements for mass distribution on the chosen social media platform. Sometimes they post
We have written regularly about the need to quickly access franchise documents and materials. If you wish to challenge a decision or action by your franchisor, state law is critical. However, state law may not
After 46 scheduled days and one day of overtime, the General Assembly has concluded its 2019 regular session. In Virginia’s 400th year, senators and delegates voted on legislation addressing the state budget, casino gambling, the
Ron Kody and his wife, Jennifer. At the 2019 NADA Show in San Francisco, CA, local Virginia dealer Ron Kody, President of Richmond Ford, was honored as Virginia’s TIME Dealer of the Year. The TIME
Mark Tysinger, VADA Chairman, with his wife and the Halls In September 2019, Ann and I will be embarking on an amazing biking trip through Italy’s Tuscan Coast. We have arranged a 10-day biking trip
President & CEO, Don Hall, leading the legislative briefing alongside Rick Gallaer, Legislative Chairman On Thursday, January 17th, our dealers traveled across the Commonwealth and gathered together in Richmond for our 2019 Assault the Hill,
Last month, Don Hall and members of the VADA Team traveled to the Hampton Roads Convention Center to give the members of the Hampton Roads Auto Dealers Association a preview of the hot-button issues facing
Greetings from VADA, We’re kicking off the new year with all our focus geared towards the 2019 session of the Virginia General Assembly, which rang its bells Wednesday, January 9th. This will be a busy
We have been writing about Form I-9 compliance by car dealers for good reason. The controversy over federal immigration laws continues to be red hot. The aspect of immigration enforcement that can affect car dealers
Every dealer knows about powerbooking. It is a practice, particularly regarding used cars, of overstating the model or equipment on a vehicle. The purpose of powerbooking is to increase the perceived value of the vehicle,
Every dealer, at some point, gets sued. Whether it is an unhappy customer or employee, or a simple slip and fall or a vehicle accident, no lawsuit is painless. You must interact with your lawyer.
VADA/MADA/WANADA Reception at the 2019 NADA Show Friday, January 25th, 6:30-8:30 p.m. Terra Gallery 511 Harrison Street San Francisco, Calif. 94105 Sponsored by:
Greetings from VADA, Happy fall to each of you. I hope this newsletter finds you well. As the leaves are changing, know that VADA staff continue to work hard on behalf of new car
This week, individuals from dealerships and dealer groups across Virginia gathered at our Association headquarters in Richmond for a meeting on dealership advertising and marketing. While the Virginia Code, Virginia Motor Vehicle Dealer Board (MVDB),
While the U.S. Supreme Court validated the use of mandatory, predispute arbitration agreements in employment dispute situations in a decision issued this spring, states have begun attacking arbitration of employment disputes involving sexual harassment claims.
Adverse action notices are not just for consumers denied credit. The Fair Credit Reporting Act (FCRA) also requires consent to run credit reports on job applicants and employees, with notification to applicants and employees if these
The Federal Trade Commission just announced a consent judgment with a dealer group, its president and vice president, and a marketing supplier and its owner. It results from a lawsuit in federal court over advertising
Late last month, VADA had the honor of attending a ribbon-cutting ceremony, celebrating Virginia’s first-ever prison work-release hybrid program. President & CEO of Chesapeake-based Priority Auto, Dennis Ellmer, led this charge after vacationing in Fiji
When three unrelated powerhouses like Berkshire Hathaway, J.P. Morgan and Amazon agree to work together towards a common goal—in this case controlling healthcare costs—it’s probably something to which we should pay attention. And many have
We would like to commemorate the life of Ed Snyder who passed away October 19, 2018. He was father to five children, including Steve Snyder, a past VADA Chairman. He leaves behind his legacy of
Congratulations to Ron Kody for his Community Service and Industry Accomplishments VADA’s Executive Committee is pleased to announce Ron Kody, President of Richmond Ford, has been nominated for the 2019 TIME Dealer of the
Click here for the 2018 PAC Enrollment form: 2018 Enrollment Form
We have written about the Trump administration’s push to deregulation. We have noted that one should not expect reduced emphasis on a key Trump policy – reduction of illegal immigration – and for dealers that
Do you have a compliance program for sales and F&I activities? A compliance program must have several critical elements: Training – Employees must understand what they can and cannot do. Roadmap – A program will
This spring, the U.S. House and Senate overwhelmingly passed, and President Trump signed, the Economic Growth, Regulatory Relief, and Consumer Protection Act. The Act made several changes to the Dodd Frank financial reform law and
As we have noted often, the Federal Trade Commission is the primary federal “cop on the beat” for motor vehicle dealers. The FTC can proceed in a variety of ways if it believes that dealers
If you read carefully a retail installment sales contract, you will see that your dealership is the creditor in the document. You assign the RISC to a finance source. Once assigned, the finance source is
There have been several deregulatory actions by the Trump administration, particularly to reduce the number of regulations affecting businesses and to rein in bureaucratic overreach on employment matters. However, deregulation is hardly the case for
As if they were subject to the ancient curse, auto dealers live in exciting times. Whether it is the tumult in the federal government resulting from Trump administration policy revisions, franchisors taking advantage of good
There has been substantial publicity about a decision by a federal judge of the Southern District of New York that the structure of the Consumer Financial Protection Bureau violates the United States constitution. This is
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
During the Obama administration, the CFPB spent considerable time, money, and effort to establish itself as a feared dismantler of traditional methods of doing business by important financial institutions. Despite the 2016 election results, Director
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
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
The Federal Trade Commission shows no sign of slowing down its efforts to police car dealer advertising. How well do you know federal advertising requirements? Identify the specific problem in each of the ad representations
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
Car dealers have focused on the rights of active duty service members and their dependents because of the December 14, 2017 change in interpretation of regulations on the Military Lending Act by the Department of
The Consumer Financial Protection Bureau has had its wings trimmed, but don’t allow that to reduce your emphasis on compliance. The Federal Trade Commission is the cop on the beat for auto dealers, and it
Occasionally, we write about myths in the car business – things that “everybody knows” that are not true. Here are some franchise myths we have been discussing with dealers. My dealer agreement is expiring. I
Dealers have long known of the dangers of lawsuits involving employees contending they have been the victims of discrimination or harassment. However, with today’s unprecedented focus on charges against Hollywood, media, and political celebrities, a
2017 was a tumultuous year in the car business. In other words it was business as usual. Dealers have become accustomed to coping with major changes. 2018 should not be much different in terms of
In a great victory for motor vehicle dealers, Congress passed, and the President has signed, a resolution invalidating the CFPB’s regulation on predispute arbitration. Charapp & Weiss represented a group of state and metro dealer
You want to balance your inventories. You have twenty more new vehicles than you need. Another dealer says he wants them. You do the deal, he picks up the vehicles, and you do not get
In September, the FTC issued a set of questions and answers about the revised Used Car Rule. The Q&A highlights some issues that dealers should understand. OEM Warranty Disclosure Is your franchisor insisting that you
New car dealers are increasingly restive about the aggressiveness of franchisors. Whether it is costly facility or image demands, increasing reliance on stair step incentives with easy disqualifiers, refusals to comply with state laws on
The disaster in Texas and Florida understandably consumed the news media recently. In many shots of the devastation, one can see cars, trucks, and buses partially or fully submerged in the flood waters. Some have
General Motors has ignited a furor among its dealers with two bulletins issued August 10, 2017. Bulletin 17-12 pertains to use of non-GM parts and accessories and vehicle service contracts, and Bulletin 17-13 announces a
We have advised you that the Consumer Financial Protection Bureau has issued a final regulation that bans class action waivers in predispute arbitration agreements used by finance institutions under its jurisdiction. If the rule survives
Among the tech crowd, disruption is a magic word. It creates an opportunity. The techies favor disruption because they are the ones that hope to profit from it. If they can damage an existing industry,
On Monday, July 10, 2017, the Consumer Financial Protection Bureau released its final Rule to Ban Class Action Waivers in Predispute Arbitration Provisions. The Rule is the result of a lengthy rulemaking process based on
We have written extensively about the revised FTC Used Car Rule. The revised rule went into effect January 27, 2017. It prescribes use of a revised buyers guide, although dealers can exhaust their existing supply
Occasionally, we discuss car business things that “everybody knows”. But are they true? Here is a quiz on issues that we hear from dealership personnel “everybody knows”. True or False. My franchisor’s captive finance company
False. As long as you only advertise the rate using the term “annual percentage rate” or “APR”, you comply with the Truth in Lending Act. The advertising of annual percentage rate is not a trigger
At the end of last year, we alerted you to the FTC’s revision to the Used Car Rule. The revised Rule does not change the circumstances and method for display of the Buyers Guide. It
In the last decade, the obligations of human resource professionals – those in charge of employee issues – have mushroomed. Your dealership probably has coped with this by assigning office staff to deal with these
For several years, we have been reminding you that the Federal Trade Commission is a federal agency about which dealers should be particularly concerned. When the Dodd Frank financial reform act created the CFPB, Congress
At the end of 2016, we wrote about an October 2016 decision by the United States Court of Appeals for the District of Columbia Circuit. It found that the Consumer Financial Protection Bureau’s structure violates
Spot delivery continues to be a hot button for federal and state regulators and particularly plaintiffs’ lawyers. To support their opposition, they have labeled all spot deliveries as “yo-yo sales”. That is nonsense. The phrase
False. Under common law, once the dealer and the customer sign an agreement for sale of a vehicle, including a retail installment sale contract or a lease, the transaction is complete unless you protect yourself
You buy a piece of software to test it. You like it. You believe your employees will find it useful and will aid in their productivity. You take the software to your dealership, and you
Recently, you got a pre-recorded call to your cell phone from Amarillo, Texas trying to sell you an extended service agreement for your vehicle. You also received a text message advising you of a better
Supreme Court to Hear Employment Class Action Waiver Dispute As we have previously reported, there is a split in the federal appellate circuits on the validity of arbitration provisions with class action waivers in employment
Do you think 2016 was a tumultuous year? For car dealers, 2017 will make that look tranquil. Franchisors are threatening to evolve from vehicle manufacturers to mobility and technology companies, and state franchise laws are
We just got through one of the most contentious elections ever. Wikileaks’ hacking of various federal and political party officials played no small part in that turmoil. What does this have to do with car
Sometimes, new vehicle dealers want to spice up the new vehicle inventory using non-OEM items such as bed liners, tires and wheels, lift kits, and other modifications. Any modification of a new vehicle using non-OEM
As if more evidence is needed that dealers must give attention to FTC requirements to avoid a consent order, a company with three Kia dealerships in the southwest just agreed to an $85,000 civil penalty
Government is great about creating fictions to cover its intentions – commonly known as spin. The latest example of government spin is the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Rather than
Financing and leasing are the lifeblood of your dealership. According to some estimates, about 85% of new vehicles sold are financed or leased. Dealers operate in an “indirect” system. When a customer signs a retail
On June 20, 2016, the Equal Employment Opportunity Commission released the findings and recommendations of its Select Task Force on the Study of Harassment in the Workplace. Unsurprisingly, since one third of the complaints filed
It is not unusual for federal courts to disagree with federal agency interpretations. When some disagree, but others agree, only the U.S. Supreme Court can resolve the differences. Recently, there were two of these
On May 5, 2016, the Consumer Financial Protection Bureau issued its long-awaited proposed rule on predispute arbitration provisions. This was done as part of a curiously timed CFPB field hearing in which participants were given
In January, we noted that federal bureaucrats will impose the burdens of as many of their wish list items on businesses they can in the final year of the Obama administration. The trend continues. White
As we exit a record year for recalls and we enter the new year, one can ask what the vehicle manufacturers have done collectively to try and improve the national regulation of recalls and their
The complications of protecting data keep multiplying for dealers. Vehicle Data At the Washington D.C. Auto Show’s public policy panel this year, Federal Trade Commissioner Maureen Olhansusen warned that the automotive industry must step up
As we warned in January, federal bureaucrats see the final year of the Obama administration as possibly their last best chance to check off the bucket list for amassing total government power over business. Last
We have reported on government attempts to expand the definition of who is an employer of temporary or contract workers supplied by temporary staffing companies. The U.S. Department of Labor has taken the next step
Each September, we remind dealers who employ over 100 workers in the dealership or in a group of affiliated dealerships to file their EEO-1 reports. These reports allow the Equal Employment Opportunity Commission to judge
The Federal Trade Commission, zealous about protecting its turf in regulating retail vehicle sales, has shown that it wants to be involved in the rapidly escalating recall problems. In announcing three consent orders in January
2015 was the best year for the motor vehicle industry since the recession of 2008-2009. Vehicle sales volume should stay solid through 2016. Unfortunately, major forces can choke robust business growth. The largest factor is
While controversy about predispute arbitration provisions has centered on consumer agreements, be careful if you use predispute arbitration agreements for personnel matters. Employees frequently challenge the enforcement of those provisions, claiming they did not agree
Have you ever had a request by your provider of credit reports to produce a copy of a signed credit application to justify your request for the report? If so, you probably thought it was
Most franchisors impose requirements on dealers to prevent sales of new vehicles for export. U.S. franchisors contend these limitations are necessary because their rights to distribute vehicles are limited to this country, and any dealer
Overwhelmed by compliance demands on your dealership? You are not alone. Driven primarily by the increased aggressiveness of federal regulators, oversight of dealers can be daunting. It is time for compliance triage. Dictionary.com defines “triage”
The U.S. Department of Justice generated significant publicity in September 2015 by announcing a change in policy in business investigations. In a memorandum to prosecutors throughout the DOJ covering virtually all criminal and civil investigations
Every dealer should have a disaster recovery plan. You never know when a natural catastrophe will require the dealership to recover from crippling occurrences like floods and hurricanes. Natural calamities are not the subject of
The Consumer Financial Protection Bureau held a field hearing on October 7, 2015 in Denver, CO. The Bureau used the event to announce that the CFPB is empaneling a Small Business Review Panel so it
We have written often about the federal government’s push for businesses to consider their workers as employees rather than independent contractors. Recent developments show there is no hotter personnel button for the federal government. The
On August 27, 2015, the federal National Labor Relations Board issued a 3-2 decision that the owner/operator of a California-based recycling facility is a “joint employer” for collective bargaining negotiations with employees of a temporary
On October 1, 2015, changes in a retailer’s liability for fraudulent credit card use will go into effect. Credit card issuers will reserve the right to shift liability for fraudulent credit card use to the
“WE’RE FROM THE GOVERNMENT … AND WE CONTINUE TO HELP!” Employee versus Independent Contractor We have written frequently about classifying workers as independent contractors. The government wants people who work for you to be classified
You have probably read about the consent order between the federal government and American Honda Finance Corp. AHFC agreed to repay $24 million to minority buyers to settle a Department of Justice complaint arising from
The federal National Labor Relations Board has recently shown that it will go to great lengths to protect communications of workers concerning employment conditions. The Board has repeatedly emphasized that workers must be free to
Your dealership has had several good years. You decide it is time for the facility upgrades the manufacturer has been pressuring you to do. You seek approval from the manufacturer that the upgrades fulfill its
As in many car business matters, answers to questions personnel may have about employment matters may not be easy. Here are questions whose answers may surprise you. You can find the answers HERE. The National
Answer 1: False. The purpose of the NLRB is not just to regulate the relationship between employers and unions. The NLRB has been increasingly active in taking action against non-union employers, it says, to protect
You may have seen a case from the 9th Circuit Court of Appeals that service writers are not exempt from overtime requirements under the “salesman” exemption available to auto dealers. What does that mean for Virginia
Do you think that adoption of an Information Safeguards Program in your dealership is just a box to check to satisfy the FTC? Do you see it as an intrusion by the FTC to benefit
On March 26, 2015, the Federal Trade Commission had a major press conference to announce six new motor vehicle sales cases. The FTC took the occasion for a press splash about a campaign it dubbed