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 a federal appeals court, however, clarifies that actual notice of service of a lawsuit must be sent to the insurance
Your Safeguarding Obligations May Get More Expensive
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 policy and practices on consumer data. In 2002, It issued the Safeguards Rule, requiring a policy and processes for protecting
An Arbitration Agreement Prevails Again
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 arbitrator? Have you had that challenged by a plaintiffs’ attorney contending that your arbitration agreement is faulty and a court
A Message from Don Hall
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 Virginia’s franchised new car and truck dealers. Your association was integral in the passage of numerous bills that will benefit and
Remembering Mike Pallone
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 our nation in World War II and remained a patriot his entire life, always saying he lived in the best
Remembering Ken Hall
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 was an active member of the VADA including service on the Board of Directors and a term as Chairman in
A Lawsuit for Insurance Coverage
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 and even indemnifying you, but it has refused to do so? What do you do? You are not without remedies.
Free Advertising
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 their own offers. “So what,” some might ask, “if salespeople do this on their own there is no cost to
A Reminder on Franchise Materials
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 fully cover every subject. Then, your dealer agreement will control. Policy announcements on sales, warranty, or recall compensation are
2019 Session Concludes – Another Successful One for VADA
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 Equal Rights Amendment, Interstate-81, and a variety of topics in between. They met with constituents and consumers groups, lawyers and