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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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 @interactiveeq, 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. He discusses how a first-of-its-kind platform provides insights into a candidate’s judgment, resilience, and empathy—the skills that drive 85% of job success. Napo also explains why leaders should use AI as an enablement tool to augment their teams and handle tedious tasks, freeing up people to focus on critical thinking and relationships. He provides a look into the real-world workflow of an AI-enabled talent assessment and how to navigate change management to ensure successful adoption across dealerships of all sizes. Napo draws on over 30 years of experience, including key roles at Tekion and automotiveMastermind, to provide a fresh, expert take on leveraging AI to build a stronger, more efficient team. He argues that AI is not meant to replace humans but to elevate the human element in a people-centric business.
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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.
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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
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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/
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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.
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We recently received questions about changes to VA Code for warranty reimbursements, including how they will affect techs. Here’s the answers.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Test your dealership’s compliance knowledge with this quiz covering sales, advertising, employment, and general operations.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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Dealers should be mindful about setting vehicle pricing in the tariff era. Here’s some guidance from NADA.
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The popularity of electric vehicles is rising in Virginia. That cuts into market share for ICE vehicles…but don’t count them out yet, as sales remain strong.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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This week, Governor Glenn Youngkin signed into law new protections to ensure fair reimbursement for Virginia’s automotive technicians and dealerships.
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Zero surprise that fraud is on the rise. Here’s the latest data — and how Virginia dealers can protect themselves against cybercriminals.
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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.
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Dealerships facing customer complaints? Learn how to address ethical violations, train personnel, and implement a strong ethics code to improve customer satisfaction.
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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
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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
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‘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.
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If ICE shows up at your dealership door, here’s what to do — and how to prepare. From our partners at SESCO.
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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.
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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).
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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
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Jeff Kelley sits down with Mimi Perka, Esq., VADA’s Director of Legislative and Legal Affairs, to wrap up the 2025 General Assembly Session.
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That’s a wrap on the 2025 General Assembly. Here’s a look at the results.
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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!
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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
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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.
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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
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In today’s business climate, leading by example is more important than ever. Strong leadership inspires teams, setting the tone for success and resilience.
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It’s the last week of the 2025 Virginia General Assembly. Here’s what to expect.
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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!
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Last week, Virginia’s General Assembly reached the midpoint of its legislative session, known as “Crossover Day.”
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The week dealers came to Richmond.
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The latest on our bill, additional legislation…and by the way, this week is Dealer Day!
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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.
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Approaching the holidays, Don Hall takes a look at the year that was — and the one to come.
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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.
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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.
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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.
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VADA lobbyists continue to meet with legislators to advocate for greater protections and fair payment for franchised dealers.
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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.
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The Virginia General Assembly gaveled in this week..then immediately went home due to city water issues. Still, the work continues.
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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.
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The Corporate Transparency Act (CTA) filing requirements were reinstated by the Fifth Circuit Court of Appeals on December 23, 2024.
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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.
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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.
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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.
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At the end of November, Volkswagen dealers received a special message from Volkswagen regarding the ID. Buzz.
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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.
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Approaching the holidays, Don Hall takes a look at the year that was — and the one to come.
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The VADA legal and legislative team delivered an insightful 2024 update addressing topics ranging from the CARS Rule to navigating franchise and personnel practices.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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In today’s business climate, leading by example is more important than ever. Strong leadership inspires teams, setting the tone for success and resilience.
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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.
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Based on historical data, dealers could see a continued climb in new vehicle sales going into the first quarter of 202%
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Virginia dealers are leading from the front when it comes to helping neighbors in need who were impacted by Hurricane Helene.
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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
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The FTC’s nationwide rule banning non-competes is set aside, but dealers need to follow state law when it comes to noncompete agreements.
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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.
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Don Hall spent a few days with his counterparts this month in North Carolina. Here’s what they talked about.
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Our interview with VADA’s ’24-’25 chair Dan Banister, a prominent dealer leader out of Hampton Roads.
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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.
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Pay plans can lead either to employee satisfaction or to dissatisfaction. For dissatisfied employees, lawsuits are a possibility with significant liability for the dealership.
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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.
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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
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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
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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.
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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.
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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.
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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.
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VADA has created a CDK incident Resource Center for dealers with the latest information and tools.
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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.
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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
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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.
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Dealers may find that they are exempt from this law, but exemption status can change and so dealers should be ready to comply.
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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.
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Bloomberg Intelligence’s Kevin Tynan continued his multi-year streak at VADA ’24, giving dealers insight on the things on manufacturers’ minds.
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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.
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A Cox Executive highlights the possible “party crashers” coming to dealers nationwide. But smart dealers can keep the party going.
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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.
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June 6, 2024 On Wednesday, June 5th, Virginia Gov. Glenn Youngkin and Attorney General Jason Miyares made a joint announcement at Loyalty Toyota in Chester that the Commonwealth will no longer follow California’s car emissions
Read ArticleTo 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
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I welcome our members and supporters of Virginia’s franchised automotive dealer community to Isle of Palms for our 2024 Annual Convention. Challenges. Change. Transparency. All three serve as the backdrop this year. As our industry
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Our insight on the Virginia Governor and AG’s decision to pull out of California’s zero-emissions vehicle mandates.
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The VADA legal and legislative team delivered an insightful 2024 update addressing topics ranging from the CARS Rule to navigating franchise and personnel practices.
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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.
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Challenges. Opportunities. Gratitude. All three are in play at our 2024 Annual Convention next month, back on the beach in South Carolina.
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The FTC amended the Safeguards Rule that affects dealerships. This amendment goes into effect on May 13, 2024.
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The Federal government was very busy in the last month issuing a flurry of laws that affect dealerships and dealership personnel.
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There was a flurry of federal activity in recent weeks. Our counsel Barrie Beaty breaks down the big stuff.
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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.
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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.
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There was a flurry of federal activity in recent weeks. Our counsel Barrie Beaty breaks down the big stuff.
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VADA has weighed in on potential plans by Honda’s JV Afeela to sell direct in the U.S. In two words: Not here.
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Six Virginia dealers are among the top 150 in the U.S., ranked by Automotive News. See which dealers made the cut.
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For years, dealers have heard that the add-ons must actually add value because of the claims that the FTC have brought against dealers.
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Employees may resist mandated training, but ignoring the need for such consistent efforts, especially on compliance, can be costly.
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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.
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Ensuring a transparent customer experience is the only way to ensure a future for your retail auto operation.
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Randy Barone with our partner ACV Auctions discusses the top concerns, areas of confusion, and opportunities when it comes to finding, turning, and profiting from used vehicle inventory.
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With the FTC hot on dealers’ heals, the FTC is looking for advertising that could appear deceptive.
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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.
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VADA partner ComplyAuto offers some pointers for complying with the upcoming FTC CARS Rule. Everything you need to know is right here.
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Ticket prices get scrutiny as buy/sell bill nears finish line.
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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
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Ticket prices get scrutiny as buy/sell bill nears finish line.
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VADA’s Buy/Sell bills are close to the Governor’s desk. You can find other legislative updates here, too.
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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
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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.
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An interview with auto dealer Chris Miller, candidate for West Virginia governor. His dealer group owns a store in Southwest Virginia.
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Why showing up as a dealer when the industry calls is so important.
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Buy/Sell bills moving forward as safety inspection program gets discussion.
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Buy/Sell bills moving forward as safety inspection program gets discussion.
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Here’s the latest from the frontlines of the Virginia General Assembly.
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The Virginia DMV Commissioner spoke to dealers this week, offering his vision for the agency and an update on its operations.
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Here’s the latest from the frontlines of the Virginia General Assembly.
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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.
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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.
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Starting January 1, 2024, the Corporate Transparency Act (CTA) will go into effect.
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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”.
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VADA’s president and CEO offers a preview of the issues we’re monitoring for the coming year.
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A new study highlights the impact of the Commonwealth’s retail automotive industry.
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An initial look and analysis of the Hyundai-Amazon partnership, and what it means for dealers.
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If dealers are not taking the warnings about add-ons seriously, the FTC’s settlement with a Wisconsin dealer should give them pause.
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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”).
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Retailers offering both new and pre-owned Electric Vehicles (EVs) and Fuel Cell Vehicles (FCVs) must sign up with the IRS.
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The elections are over, and like any year, Virginia dealers remain strongly positioned.
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Don Hall discusses the importance of reaching across the aisle and taking a bi-partisan approach to ensuring our elected officials understand the ideals and values of the franchise system.
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A profile of this economy’s most in-demand employees — the automotive worker — and why we’re all struggling to find and retain them
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Dealers need to pump the brakes when applying the typical doc fee to the back end of vehicle lease transactions, especially those transactions where customers simply exercise the purchase option at the end of their lease term.
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A little annual attention to your dealership’s forms and processes can go a long way.
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A look at (publicly announced) merger and acquisition activity in Virginia’s retail automotive industry in 2023.
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Martinsville’s Barry Nelson is named Virginia’s TIME Dealer of the Year for 2023.
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What is unique about the auto industry is that regardless of what the bank rate is, or what the credit environment looks like, or what consumer sentiment surveys say, dealers always find a way to sell a car at a fair price.
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A proposed federal rule seeks to raise the annual salary threshold for employees who are exempt from overtime pay due to administrative, executive, professional, and outside sales professional exemptions pursuant to the Fair Labor Standards Act (FLSA). What does this proposed rule mean for dealers?
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A proposed federal rule seeks to raise the annual salary threshold for employees who are exempt from overtime pay due to administrative, executive, professional, and outside sales professional exemptions pursuant to the Fair Labor Standards Act (FLSA). What does this proposed rule mean for dealers?
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A proposed federal rule seeks to raise the annual salary threshold for employees who are exempt from overtime pay due to administrative, executive, professional, and outside sales professional exemptions pursuant to the Fair Labor Standards Act (FLSA). What does this proposed rule mean for dealers?
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October 17, 2023 A security vulnerability that has been discovered in the Chrome Web browser and Apple’s operating systems (MacOS, iOS) was recently discovered. Google has rated this vulnerability at the highest risk level, a
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VADA Partner ComplyAuto offers insights on complying with the FTC Safeguards rule.
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Article from VADA Partner ACV Auctions October 17, 2023 From our cars to our houses, technology continues to advance the way we live our lives in a major way. Some aspects of this evolution are
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Cox economist Jonathan Smoke offers a look at what’s in store in ’24 for U.S. and Virginia dealers.
Read ArticleOctober 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
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A proposed federal rule seeks to raise the annual salary threshold for employees who are exempt from overtime pay due to administrative, executive, professional, and outside sales professional exemptions pursuant to the Fair Labor Standards Act (FLSA). What does this proposed rule mean for dealers?
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With DOL’s proposed “white collar” overtime exemption designation, our partners at SESCO Management Consultants outline the steps dealers should – and should not – take to prepare for the final ruling.
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Don Hall discusses the importance of the upcoming November elections and highlights a few of those dealers who have already stepped up to support pro-business, pro-dealer candidates.
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The VADA team attended NADA’s annual Washington Conference, learning about the federal issues that could impact Virginia’s franchised auto dealers. Find them all here, complete with detailed issue papers.
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Six of Virginia’s leading auto dealers were named to Virginia Business magazine’s Virginia 500 Power List for 2023. See them here.
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VADA partner Armatus Dealer Uplift’s new S.W.A.T. can help dealers improve their customer-pay parts and labor rates, which in turn translates into higher warranty rates. Here’s more.
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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.
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For years, dealers have dealt with recalls. It is critical that your dealership understands what is needed of it and to take the best precautions for it and its customers when it comes to recalls.
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Pregnancy Workers Fairness Act (PWFA) which went into effect on June 27, 2023, requires reasonable accommodations during pregnancy and after unless the accommodation will cause an undue hardship on your business.
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VADA announces a new partnership to bring ultrafast, battery-integrated EV charging stations to Virginia’s auto dealers while minimizing impact to the electrical grid.
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As OSHA has intensified its focus on heat stress prevention at dealerships, VADA partner ComplyAuto Safety can be your ally in achieving compliance and safeguarding your workforce against scrutiny.
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If you haven’t spent much time in Southwest Virginia, you’re missing out — and overlooking a magnificent and important part of the Commonwealth.
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July 31, 2023 By Barrie Charapp Beaty Over the years, we have written various articles about the Telephone Consumer Protection Act and which of the TCPA rules affect dealers. This article provides important rule changes
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July 31, 2023 By Barrie Charapp Beaty We have been writing for months about the FTC’s focus on advertising. We write again about advertising because the FTC just updated “Guides Concerning Use of Endorsements and
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July 31, 2023 By Barrie Charapp Beaty Regardless of which state your company is formed, it may be, and is often the case, that it is also registered to do business in other states as a foreign
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Fresh off his first 100 days in the role, new Virginia DMV Commissioner Gerald Lackey, Ph.D. sits down with VADA for a wide-ranging interview. Meet him in our High Octane podcast.
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A winning strategy for your people and your dealership VADA Partner content provided by Zurich, N.A. For more on their F&I programs, contact Cindy Conley Ratkovich. July 2023 Investing in employee growth and learning can
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A Special Message from VADA President and CEO Don Hall July 2023 A few weeks ago, my friend Mike Charapp called me and stated quite directly: “Don, I’m going to die.” I was taken back
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Dealers are putting billions into EVs. But the federal government must create an environment where EVs can thrive. We’re not there yet.
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EVs face major hurdles to mass adoption. Last week, the NADA sent a letter to the EPA outlining the need for regulations and moves to ensure affordability, charging infrastructure, utility capacity, battery manufacturing resources, and model availability.
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After last week’s primary, we have our first look at how the state’s auto dealers may fare come November.
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A Cox Executive spoke to Virginia dealers about EVs at VADA ’23, and outlined four “potholes” to full electrification.
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May 30, 2023 Sales of new vehicles are up year-over-year. But they’re also down from last month, a result of affordability issues driven in large part by inflation and higher than normal new-vehicle prices. The
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Here’s what you can expect at The Greenbrier with dealers and partners for VADA ’23 A Message from VADA President and CEO Don Hall June 2023 Next week (June 19-22) kicks off our 2023 Annual
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We talk to the people who loved and worked with dealer attorney Mike Charapp, who passed away in June.
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June 1, 2023 Dealers have been on a wild ride the past few years, and it doesn’t show any signs of slowing. Our volatile economy has interest rates going up and down, new vehicle sales
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Listen to our interview with auto tech leader Steve Greenfield, recorded before he joined VADA at our annual convention.
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We’re so glad you chose to make the trip to White Sulphur Springs and invest your time at VADA’s 2023 Annual Family Convention. This event is not only a time to learn – it’s a
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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,
Read ArticleMay 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
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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
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A Message from VADA President and CEO Don Hall May 2023 In this month’s column, I’m rounding up a few ways that you can learn from those in the industry – myself included – through online
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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
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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
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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
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A Message from VADA President and CEO Don Hall April 2023 I always smirk whenever a recent automobile buyer is asked: “Did you get a great deal?” To which I respond: Are you happy with
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April 14, 2023 For customers with their eyes on an EV, here’s something that could make the purchase more appealing: They may qualify for a credit of up to $7,500 if they buy a new
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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
Read ArticleCheck 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
Read ArticleMarch 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
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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
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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
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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
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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
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March 1, 2023 You may have seen recent stories about legislative activity in other states on warranty reimbursement. These stories reported on the work of dealer associations around the country to ensure dealers are paid
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As Commonwealth waits for budget, successful session for Virginia dealers comes to close Franchise protections. Untaxed diagnostic labor. Home solicitation amendments. Loud exhausts getting study. EV mandates remain in place. 2023 Session, Issue 7 February
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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
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“Kill” week as House and Senate committees vote down legislation 2023 Session, Issue 6February 20, 2023 Last week, the General Assembly focused on partisan policy. Many of bills backed by Republicans that passed the House
Read ArticleFeb. 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
Read ArticleFeb. 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
Read ArticleHow 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.
Read ArticleThe 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
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A slower week as franchise legislation heads to Governor 2023 Session, Issue 5 February 13, 2023 Last week was General Assembly’s “crossover” period when the bills from the House move to the Senate to be
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At Crossover, a look at where dealer bills stand 2023 Session, Issue 4February 6, 2023 This week is the halfway point of the General Assembly and known as “Crossover,” when bills from the House of
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As franchise bills move, a look at Tesla bill and other dealer issues 2023 Session, Issue 3January 30, 2023 The second full week of the General Assembly was busy as VADA’s franchise bills (HB 1469/SB
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Unanimous, bipartisan support for franchise bills Note: Both the House and Senate versions of VADA’s franchise protection bills passed the full chambers with unanimous support on January 25. We will bring you a full report
Read ArticleJan. 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
Read ArticleJan. 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
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Start of session and introduction of VADA’s groundbreaking Franchise Protection Bills 2023 Session, Issue 1 January 16, 2023 Before we start, if you have not taken one minute to sign a letter to your state
Read ArticleDec. 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
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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
Read ArticleDec. 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
Read ArticleDec. 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
Read ArticleNovember 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
Read ArticleNov. 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 ArticleRead 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
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Stephen Snyder Wins National Recognition for Community Service and Industry Accomplishments October 18, 2022 NEW YORK, NY – The nomination of Stephen Snyder, president of Checkered Flag Motor Car Company in Virginia Beach, Virginia, for the
Read ArticleOctober 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
Read ArticleOct. 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
Read ArticleSeptember 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
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A Message from Don Hall September 2022 Leaders in any industry tend to believe our respective issues are some of the most pressing of the day, and we wonder sometimes why more people aren’t paying
Read ArticleSept. 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
Read ArticleSeptember 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
Read ArticleSept. 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
Read ArticleSept. 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
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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
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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
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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)
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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
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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
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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
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August 2022 From the business-altering changes of COVID, to supply chain woes and record inflation, to the evolving transformation of the very engines that have powered your business for over a century, this is one
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What are the new tax credits for EVs? VADA’s Anne Gambardella breaks it down. August 2022 This week, President Joe Biden signed the “Inflation Reduction Act,” a $750 billion tax-and-spend bill that includes a complete
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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
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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
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Treat your health as an asset. Or face liability. July 2022 The other week I had lunch with my friend and family doctor, who made a powerful comment we all need to hear. He explained
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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
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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
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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
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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
Read ArticleJune 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
Read ArticleJune 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
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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,
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Thriving in Uncertainty by Putting the Customer First …Will we see you in Asheville? If not, why not? May 2022 Our annual convention is just a few weeks away. It is always a time to
Read ArticleMay 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
Read ArticleMay 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
Read ArticleMay 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
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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
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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
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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
Read ArticleA 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
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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
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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.
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Warranty/recall bill and overtime legislation are on the road to the governor’s desk Session 2022, Issue 8 March 7, 2022 LISTEN to this week’s Capitol Briefs, featuring VADA VP of Legislative Affairs Ralston King, on:
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Warranty/recall bill keeps on rolling to final passage, money for EV rebates not included in budget Session 2022, Issue 7 February 28, 2022 LISTEN to this week’s Capitol Briefs in our 7-minute podcast on: Apple
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As General Assembly passes halfway point, budget and EV rebate in spotlight Session 2022, Issue 6 February 21, 2022 The Legislature experienced “Crossover Day” last week on Wednesday, February 16. This is the deadline for
Read ArticleDelivering 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
Read ArticleFebruary 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
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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
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Work continues on Warranty/Recall Fair Reimbursement legislation Session 2022, Issue 5 February 14, 2022 Greetings from VADA, “Crossover” day, tomorrow (Tuesday), is the deadline for each General Assembly chamber to complete work on its own
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Warranty/Recall Fair Reimbursement legislation backed by VADA unanimously passes House and Senate Session 2022, Issue 4 February 7, 2022 Greetings from VADA, The General Assembly is in full action as the session gets closer and
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Your Voice Matters: Dealers Push Warranty/Recall Fair Reimbursement Bill toward Success Session 2022, Issue 3 January 31, 2022 VADA had a busy and successful week. Our priority legislation HB 259 (Wyatt) that supports fair warranty/recall
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The General Assembly gets rolling as Youngkin lays out legislative priorities Session 2022, Issue 2 January 24, 2022 The 2022 60-day session has begun and newly-elected Governor Glenn Youngkin kicked off the week by
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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.
Read ArticleJoin 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
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Back in Richmond with new faces and new issues impacting dealers Session 2022, Issue 1 January 17, 2022 Last Wednesday, January 12, the Virginia General Assembly began its 2022 Regular Session. For the next 60
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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
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Cost-effective inbound/outbound virtual service BDC Dealer Focus is a VADA Allied Member. These are businesses with a product or service offering of interest to member dealers. If you are interested in becoming an Allied Member,
Read ArticleThe 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
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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
Read ArticleBurton 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
Read ArticleVoters 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
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By Michael G. Charapp Charapp & Weiss LLP I-9 Audits Audits of Form I-9 compliance have increased over 500% over the last four years. Why? Is there a hotter political issue over the last three
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By Michael G. Charapp Charapp & Weiss LLP During the Obama administration, the Consumer Financial Protection Bureau was an activist bureau. As to car dealers, the bureau was specifically structured to have no regulatory or
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By Michael G. Charapp Charapp & Weiss LLP You are selling one of your dealerships. The franchisor wants a release of claims against it by the selling dealer before it will issue a new dealer
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M&T Bank offers 70 years of expertise in meeting dealer needs M&T Bank is a VADA Allied Member. These are businesses with a product or service offering of interest to member dealers. If you are
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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
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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
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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
Read ArticleOctober 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
Read ArticleOctober 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
Read ArticleThis 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
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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
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By Michael G. Charapp Charapp & Weiss LLP You receive a letter from an attorney for a vehicle buyer. According to the attorney, the client was defrauded because your personnel did not disclose … (fill
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By Michael G. CharappCharapp & Weiss LLP As sales processes evolve, more functions once the responsibility of others are being done by dealerships. One example is issuing license plates. For some time, Virginia has allowed
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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
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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
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Tom Barton’s summer job turned into a career in the family business. Tom Barton III began working at his father’s dealership, Beach Ford in Virginia Beach, cleaning and prepping cars at age 14. What
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Picking the right benefits can be tricky, but Integrum Advisors’ Jill Correll is here to help This is one of a series of profiles of VADA and Integrum Advisors team members. We ask them to
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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
Read ArticleEVs 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
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VADA Executive Vice President and Chief Financial Officer Michael Burch has always gravitated towards a career in finance As VADA’s executive vice president and chief financial officer, Michael Burch’s tools of the trade are spreadsheets,
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A manager through many crises: Jonathan Pittman was persevering through industry challenges well before COVID-19 hit Before COVID-19 ushered in mask mandates and social distancing, Jonathan Pittman was already well-versed in how to navigate
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By Michael G. Charapp Charapp & Weiss LLP Business people sometimes refer to agreements with executives and employees to limit their ability to impact the business of their employer after they resign or are terminated
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By Michael G. Charapp Charapp & Weiss LLP Dealers assume they are in the clear from personal injury or wrongful death suits when the statute of limitations runs out. However, when the statute begins to
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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
Read ArticleYou 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
Read ArticleKey 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
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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
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R.J. Robinson initially thought he would sell cars as a summer job, but he’s still in the business decades later R.J. Robinson first got into the car selling business back in 1994 when he
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Many dealers want to do their transactions electronically. DMV has been very supportive of those efforts, allowing dealers to have all documents signed electronically, except the title and reassignment. Many dealers have customers sign a
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RICHMOND, VA (JULY 21, 2021) – The Virginia Automobile Dealers Association named new members to its Leadership team to fight and advocate for the state’s franchised new car and truck dealers. Emily Marlow Beck, the third-generation
Read ArticleElectric 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
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How many miles do you have to drive an electric vehicle before its carbon footprint is smaller than a gas-burning car? Reuters has come up with some answers by examining data from the Argonne National
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By Michael G. Charapp Charapp & Weiss LLP Recall repairs are critical to manufacturers and to dealers. For manufacturers, federal law requires that recalls be completed. Manufacturers have been criticized for not putting sufficient emphasis
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A full-service marketing partner providing promotional items, digital marketing, and more The Branding Agency is a full-service marketing partner (without the agency fees). Consider us an extension of your marketing team. We know that success
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By Michael G. Charapp Charapp & Weiss LLP We have talked repeatedly about how the compliance world for dealers changed dramatically with the result of the federal election in November 2020. We have warned about
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Landon Dalton began working in the dealership world as a teenager and plans to have a long future in the business Landon got started early in the auto business as a teenager, doing detailing
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June 4, 2021 State changes some measures enacted to curb virus With the end of mitigation efforts required by the Executive Orders from the Governor and new CDC guidance relaxing some restrictions, dealers have asked
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By Michael G. Charapp Charapp & Weiss LLP Always respond to critical letters from franchisors We have regularly written about the need for dealers to give attention to communications from franchisors critical of dealer performance.
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By Michael G. Charapp Charapp & Weiss LLP During the Obama administration, regulators targeted dealer financing practices threatening an important element of dealer income. The Consumer Financial Protection Bureau attacked dealer participation, claiming that
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By Michael G. Charapp Charapp & Weiss LLP Biden White House likely ushers in a new (and familiar) approach to labor issues We have observed that the Biden administration is likely to be the third
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Emily Beck, third-generation owner of Marlow Auto Group, becomes VADA’s chairwoman at this month’s convention Emily Beck’s legal career put her on the road back to running the northern Virginia dealership her family started decades
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Ralston King joins VADA’s lobbying team representing dealers in the halls of government As VADA’s new Vice President of Legislative Affairs, Ralston King recently joined the association’s lobbying team representing dealers at the Virginia General
Read ArticleA 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
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As Memorial Day Approaches, Tight Vehicle Inventory Slows Auto Sales ATLANTA – According to a forecast released this week by Cox Automotive, automobile sales in the U.S. are expected to be healthy in May, but
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Integrum’s Sam Tetterton guides employees to the best benefits for them As an enrollment specialist with Integrum Advisors, Sam Tetterton helps employees get signed up for healthcare, dental and other benefits so they can take
Read ArticleMay 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
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May 15, 2021 Masks No Longer Required for Vaccinated Dealership Employees Great news: All vaccinated employees (both sales and service) at Virginia dealerships are no longer required to wear face masks in the workplace, both
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By Michael G. Charapp Charapp & Weiss LLP Chances are that you include fees to your service customers in addition to parts and labor charges. It has been nearly two decades since there was a
Read ArticleLooking 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
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By Michael G. Charapp Charapp & Weiss LLP A Lawyer is Paid More for a Letter than a Phone Call We sometimes get a call from a client claiming that a customer’s lawyer called the
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By Michael G. Charapp Charapp & Weiss LLP As a franchised dealer, you regularly deal with issues arising from factory recalls. As a best practice, you should involve all departments of your dealership. Under
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From a GM strike to COVID-19, Tom Bates has taken RK Auto through last year’s challenges Tom Bates, chairman of VADA’s board of directors, has spent 45 years in the retail automotive industry. In December
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Get your trade-in titles faster with Dealertrack’s Accelerated Title service Dealertrack is a VADA Program Partner. These are businesses with a product or service offering of interest to member dealers. If you are interested in
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Offering financing solutions for dealerships SunTrust/BB&T, nowTruist, provides customized financing options to more than 600 dealerships. The bank offers superior service to dealers and helps streamline cash management, offers expert advice on dealership acquisitions and
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By Dixon Hughes Goodman LLP State Conformity – Federal Paycheck Protection Program (“PPP”) Loan Forgiveness and Expenses Deduction The Consolidated Appropriations Act of 2021 (“CAA”) was signed into law on December 27, 2020. Included in
Read ArticleMay 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
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ATLANTA, April 28, 2021 /PRNewswire/ — April U.S. auto sales, when announced next week, are expected to reveal a very hot new-vehicle market. The April sales pace is expected to finish near 16.5 million, which is down from
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ATLANTA, April 19, 2021 /PRNewswire/ — According to an analysis of the U.S. auto market by Cox Automotive and Kelley Blue Book, sales growth of both electric and hybrid vehicles outpaced overall market performance in the first quarter
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April 1, 2021 Information about COVID-19 vaccine availability is regularly updated by the Commonwealth and federal government. Bookmark this page and check back often to keep your team informed of vaccine availability. When we know
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By Michael G. Charapp Charapp & Weiss LLP There are many myths in the car business – things that “everybody knows” that are not necessarily true. Occasionally, we like to bust those myths. Here are
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From Beanie Babies to electric vehicles, Magic City Ford Lincoln’s Cameron Johnson knows how to close a sale As Chairman and CEO of Roanoke’s Magic City Ford Lincoln, Cameron Johnson is running the business that’s
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VADA’s Bristol Meacham starts 2021 with a new job and a new house Bristol has had a busy year. In January, she started her new job as an accounting assistant at VADA. Three months later,
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Note: For our interview with Democratic candidate Jay Jones, click here. ‘Virginia needs a check and balance’ To get a message across bears repeating it, and during our interview with Republican attorney general candidate Jason
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Note: For our interview with Republican candidate Jason Miyares, click here. ‘Stepping up to meet the moment’ When we sat down to talk with Jay Jones about why the 32-year-old wants to be Virginia’s next
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Bloomberg Law in a recent article highlights how Virginia is one of several states that have pushed ahead with adopting California’s more stringent emission and electric vehicle standards. Minnesota, New Mexico and Nevada are also
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Detailing firm offers special pricing to commemorate 20th anniversary Since its inception in 2001, Diamond Dealer Services has become the fastest growing dealership logistics and detailing provider on the East Coast by delivering the highest
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March 4, 2021 We are saddened by the loss of Sean Brickell, our longtime friend and, among his many personal and professional pursuits, executive vice president of the Hampton Roads Automobile Dealers Association. Sean passed away
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Mike Stanton, NADA President and CEO As someone who has dedicated his career to advocating on behalf of America’s franchised auto dealers, I’ve embraced the reality that one of my chief roles is to serve
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By Michael G. Charapp Charapp & Weiss LLP Last month’s newsletter discussed changes dealers have implemented because of the pandemic and many changes dealers are likely to have to adopt because of the fallout of
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Zack Cochran’s career didn’t begin in the car business. After graduating from the University of Virginia, he entered the world of municipal finance, serving as an advisor to governments and agencies on state and local
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Integrum’s Melissa Roberts cherishes connections with clients and time spent with family Today we meet Melissa Roberts, a client advocate at Integrum Advisors. Melissa has been in the insurance industry for 29 years, first working
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Sign Up to Join: Electric utilities set to promote VA’s EV Dealerships Join the DRIVE EV National EV Dealership Network Nine electric cooperatives in Virginia (plus two in Maryland and Delaware) are encouraging their customers to purchase
Read ArticleThe $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
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As General Assembly special session draws to a close, measures promoting EVs head to governor’s desk State budget does not include funding for EV rebate program Session 2021, Issue 7March 1, 2021 The General Assembly
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Measures boosting EVs pass General Assembly More state funding urgently needed; class action lawsuits coming to Virginia? Session 2021, Issue 6February 23, 2021 The General Assembly spent last week finishing up their work on bills in
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Just a short drive south, Virginia dealers have a pre-owned inventory partner in the Greensboro Auto Auction. Greensboro Auto Auction is a 35-year-old, independent, dealer-exclusive auto auction in Greensboro, North Carolina. Affectionately known as “GAA,”
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Jason Wilson, our former General Manager, has joined our neighbors to the northwest as president of the Kentucky Automobile Dealers Association. We know Jason will do great in his new role. Carl L. Swope, chair
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STAFF PROFILE: ARIS WOOLFOLK This month, Aris Woolfolk – a longtime friend of ours whose family, the Hudgins, has been in dealership business for generations – stepped into the role of General Manager for VADA. In that
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EV Package Rolls on in Special Session Session 2021, Issue 5February 15, 2021 Last week, the General Assembly technically ended its 2021 Session and immediately began a special session called by Gov. Ralph Northam to
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Dealer-Backed Democratic Priorities Driving Through General Assembly House passes bills pushing for EV rebate program, ZEV mandates and test drive regs Session 2021, Issue 4February 8, 2021 As we have reported in past updates, much
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All-In for EVs in VA. Session 2021, Issue 3February 1, 2021 During the week of January 25 (the third week of session), our attention turned to legislation concerning electric vehicles (EVs). We understand this is
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Getting down to legislative work. Session 2021, Issue 2January 25, 2021 The first full week of the 2021 General Assembly has come and gone. Legislators really got down to work in the virtual world –
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By Michael G. Charapp Charapp & Weiss LLP What a difference a year makes. Last year’s article, Twenty for ’20, was upbeat. It warned of challenges for dealers but noted that dealers’ resiliency would lead
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A most unusual start in a most unusual year. Session 2021, Issue 1January 18, 2021 The 2021 Session of the Virginia General Assembly convened on Wednesday, January 13. We usually end that sentence with “in
Read ArticleJanuary 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
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Even with major advances with greater digital transaction volumes, dealerships still produce a lot of paperwork in the process of selling and buying vehicles. They also have volumes of resources to archive to meet insurance
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By Michael G. Charapp Charapp & Weiss LLP “New car dealers just don’t want to sell electric cars”, we have all heard. Anyone who knows anything about car dealerships knows that is nonsense. But it
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As a side effect of increased digital sales activities resulting from the pandemic, finance sources are reporting a substantial increase in synthetic identity fraud. What is that? It is a fraudster posing as a qualified
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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 John Anderson, our
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Every dealer understands the demands of today’s workforce have changed. The pandemic caused unprecedented personnel challenge. You have been working hard to keep your dealership staffed, both by satisfying the expectations of existing employees and
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The Consumer Financial Protection Bureau just announced a consent order with a company that offers bi-weekly payment programs for dealership customers who finance their vehicle purchases. The company sold their plans through dealers with the
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Many dealers use social media postings to congratulate customers. It is an excellent customer relations tool with satisfied buyers and a subtle way to market by letting their friends or neighbors know they were satisfied
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There may be lots of reasons to call the police because of a missing vehicle. A thief stealing it from your lot or an identify thief defrauding you into delivering it are clear examples of
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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
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On Friday (Nov. 13), Gov. Ralph Northam announced amendments to Executive Orders 63 and 67, which lay out the state’s face mask mandate plus health restrictions on businesses and individuals under Phase Three of the
Read ArticleNOVEMBER 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
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Banister is one of a select group of 40 dealer nominees from across the country who will be honored at the 104th annual National Automobile Dealers Association (NADA) Show being held virtually February 9-11, 2021. The announcement
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Effective January 1, 2021, it will be illegal to hold a handheld personal communications device (i.e.- a smartphone, flip phone, or tablet) while operating a moving motor vehicle in Virginia. This new law is one
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Consumers increasingly are going online to start their journey in buying a new car. But is your dealership positioned to harness that information and the digital breadcrumbs they leave behind to nurture interest and convert
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People can debate the extent to which the impact of the pandemic on minorities spurred increased social justice activities. One cannot debate that social justice activities have increased. One area where you may not yet
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At the beginning of the pandemic, dealers worked hard to reduce expenses. One strategy was to terminate or renegotiate supplier contracts. Unfortunately, once they reviewed the contracts, dealers saw that often they did not have
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Franchisors had their own challenges in dealing with the pandemic. The most notable problems were production slowdowns and stoppages that led to product shortages that dealers have been and are facing. Franchisors should have learned
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Even before the pandemic, dealers were moving into the cyber world. It was simply a response to how customers were changing their shopping habits. Once the pandemic hit, dealer operations in the cyber world escalated.
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Recently, the U.S. Small Business Administration (SBA) and Treasury issued materials/guidance concerning the Paycheck Protection Program (PPP). They are: 1. An SBA Procedural Notice addressing changes of ownership for entities having received a PPP loan. Among other stipulations,
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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.
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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 Natalie Toler, director
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In 2017, General Motors created a furor by mandating that dealers use forms containing unprecedented and inflammatory disclosures on use of non-GM parts in repairs of vehicles and sales of extended service agreements not backed
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We have written repeatedly about the inability of dealers to immediately access copies of documents essential to their businesses. With widespread availability of cloud storage, there is no reason not to have immediate access to
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Effective July 1, 2020 are several employment law changes applicable to your business. One is an amendment to the Virginia Human Rights Act that added new legal protections for individuals on the basis of pregnancy,
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You have been sued in a product liability case along with your franchisor. The plaintiff alleges that he bought a new car from you, you serviced it regularly, and a defect led to an accident.
Read ArticleAs 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
Read ArticleJuly 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
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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
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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.
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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
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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
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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
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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
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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.
Read ArticleJune 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
Read ArticleThe 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
Read ArticleOn 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
Read ArticleJune 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
Read ArticleAs 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
Read ArticlePlus: 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
Read ArticleHow 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
Read ArticleOn 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
Read ArticleMay 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
Read ArticleMay 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
Read Articleupdated 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
Read ArticleOur 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
Read Article“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
Read ArticleOn 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
Read ArticleHistoric 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
Read ArticleApril 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
Read ArticleFor 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
Read ArticleOur 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
Read ArticleDealers 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
Read ArticleDealers 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
Read ArticleBy 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
Read ArticleWe 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
Read ArticleOne 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.
Read ArticleFor 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
Read ArticleThe 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
Read ArticleMost 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
Read ArticleThis 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
Read ArticleIn 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
Read ArticleMarch 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
Read ArticleTime 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
Read ArticleIn 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
Read ArticleVADA 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
Read ArticleYou 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
Read ArticleHouse 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
Read ArticleVirginia 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
Read ArticleAfter 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
Read ArticleFebruary 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
Read ArticleSenate 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
Read ArticleThe 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
Read Article2019 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
Read ArticleVADA 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
Read ArticleIt 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
Read ArticleSession’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
Read ArticleJANUARY 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.
Read ArticleA 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
Read ArticleJanuary 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
Read ArticleSpeaking 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
Read ArticleThere’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
Read ArticleAs 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,
Read ArticleDennis 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
Read ArticlePay 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
Read ArticlePay 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
Read ArticleA 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.
Read ArticleEffective 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
Read ArticleIn 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
Read ArticleVADA 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
Read ArticleWhen 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
Read ArticleEarlier 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
Read ArticleVADA’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
Read ArticleAs 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
Read ArticleWith 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
Read ArticleMany 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
Read ArticleDecember 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,
Read Article(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
Read ArticleOver 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
Read ArticleAs 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
Read ArticleBy 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
Read ArticleSpecial 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
Read ArticleOur 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
Read ArticleWe 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
Read ArticleAll 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
Read ArticleOne 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
Read ArticleTime 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
Read ArticleSeveral 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
Read ArticleLate 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,
Read ArticleForm 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
Read ArticleIf 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
Read ArticleLast 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
Read ArticleDealertrack’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
Read ArticleOctober 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
Read ArticlePriority 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
Read ArticleToday 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,
Read ArticleTest 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.
Read ArticlePreventing 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
Read ArticleThroughout 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
Read ArticleSince 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
Read ArticleSeptember 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
Read Article$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
Read ArticleA 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
Read ArticleWe’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
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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
Read ArticleGreetings 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
Read ArticleFor 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
Read ArticleLast 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
Read ArticleWe 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
Read ArticleOn 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
Read ArticleSo…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
Read ArticlePlease 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
Read ArticlePlease 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
Read ArticleThe 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,
Read ArticleDealer 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
Read ArticleWe 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
Read ArticleGreetings 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
Read ArticleDealers 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
Read ArticleHere 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
Read ArticleRecommended 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
Read ArticleGreetings 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
Read ArticleGreetings 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
Read ArticleIn 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
Read ArticleIn 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
Read ArticleIn 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
Read ArticleIn 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
Read ArticleDo 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
Read ArticleDon 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
Read ArticleWe’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
Read ArticleWe’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
Read ArticleRecently, 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
Read ArticleYour 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
Read ArticleWe 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
Read ArticleAfter 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
Read ArticleRon 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
Read ArticleMark 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
Read ArticlePresident & 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,
Read ArticleLast 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
Read ArticleGreetings 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
Read ArticleWe 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
Read ArticleEvery 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,
Read ArticleEvery 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.
Read ArticleVADA/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:
Read ArticleGreetings 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
Read ArticleThis 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),
Read ArticleWhile 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.
Read ArticleAdverse 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
Read ArticleThe 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
Read ArticleLate 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
Read ArticleWhen 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
Read ArticleWe 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
Read ArticleCongratulations 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
Read ArticleClick here for the 2018 PAC Enrollment form: 2018 Enrollment Form
Read ArticleWe 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
Read ArticleDo 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
Read ArticleThis 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
Read ArticleAs 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
Read ArticleIf 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
Read ArticleThere 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
Read ArticleAs 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
Read ArticleThere 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
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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
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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
Read ArticleWe 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
Read ArticleFor 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
Read ArticleThe 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
Read ArticleUnder 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
Read ArticleCar 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
Read ArticleThe 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
Read ArticleOccasionally, 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
Read ArticleDealers 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
Read Article2017 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
Read ArticleIn 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
Read ArticleYou 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
Read ArticleIn 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
Read ArticleNew 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
Read ArticleThe 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
Read ArticleGeneral 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
Read ArticleWe 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
Read ArticleAmong 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,
Read ArticleOn 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
Read ArticleWe 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
Read ArticleOccasionally, 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
Read ArticleFalse. 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
Read ArticleAt 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
Read ArticleIn 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
Read ArticleFor 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
Read ArticleAt 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
Read ArticleSpot 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
Read ArticleFalse. 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
Read ArticleYou 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
Read ArticleRecently, 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
Read ArticleSupreme 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
Read ArticleDo 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
Read ArticleWe 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
Read ArticleSometimes, 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
Read ArticleAs 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
Read ArticleGovernment 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
Read ArticleFinancing 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
Read ArticleOn 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
Read ArticleIt 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
Read ArticleOn 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
Read ArticleIn 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
Read ArticleAs 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
Read ArticleThe 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
Read ArticleAs 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
Read ArticleWe 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
Read ArticleEach 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
Read ArticleThe 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
Read Article2015 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
Read ArticleWhile 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
Read ArticleHave 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
Read ArticleMost 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
Read ArticleOverwhelmed 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”
Read ArticleThe 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
Read ArticleEvery 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
Read ArticleThe 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
Read ArticleWe 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
Read ArticleOn 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
Read ArticleOn 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
Read Article“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
Read ArticleYou 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
Read ArticleThe 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
Read ArticleYour 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
Read ArticleAs 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
Read ArticleAnswer 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
Read ArticleYou 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
Read ArticleDo 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
Read ArticleOn 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
Read ArticleLike many retailers, you are looking for ways to make visits to your dealership enjoyable for your customers. You download mood music from the internet to play in the showroom and buy DVDs of popular
Read ArticleHere are two situations dealers sometimes face. What do you think about the suggested easy solutions? Situation 1: You hire a sales manager. He wants a monthly income guarantee for three months to develop the
Read ArticleGeneral Motors has launched a highly visible campaign for its dealers to have succession plans in place. You may ask, “Why does General Motors care?” GM and other vehicle franchisors care a lot that successful
Read Article2014 was another strong year for motor vehicle dealers. The experts are predicting an especially strong year for 2015. Not to be contrarian, but when conventional wisdom is a forecast for spectacular results, it is
Read ArticleAs of January 1, 2015, The Occupational Safety and Health Administration (OSHA) requires employers to notify it of all work-related fatalities, inpatient hospitalizations of one or more employees, amputations, and losses of at least one
Read ArticleThe FTC Information Safeguards Rule has been around for more than a decade, so most suppliers will agree to protect the non-public personal information (“NPPI”) of your customers. However, a supplier does not have to
Read ArticleDealers facing potentially expensive and harmful conflicts often question when it might be wise strategically to admit some wrongdoing. “Shouldn’t I show how cooperative I am?” they ask. “Won’t I get a lot by giving
Read ArticleRick Gallaer Wins National Recognition for Community Service and Industry Accomplishments at NADA Convention (New York, NY, October 23, 2014) – The nomination of Rick Gallaer, president of Pomoco Chrysler Jeep Dodge of Newport News
Read ArticleDealers are correctly concerned about the Consumer Financial Protection Bureau. Formed in reaction to the most recent financial downturn, the Bureau gives consumer advocates license to pursue many restrictions on financial businesses they have eyed
Read ArticleHere is a situation that arises from time to time: your dealership is selling a car to a customer who wishes to pay $8,000.00 in cash. The customer has said things that have raised the
Read ArticleYou spot delivered a vehicle expecting to assign the contract to a finance source. Unfortunately, the finance source declined the assignment because the customer misstated monthly income, you could not verify information provided, or any
Read ArticleWe have recently received questions concerning the fee that dealers charge their customer for on-line titling and registration. A little refresher information seems in order. But first a little review of the implementation of the
Read ArticleWe write regularly about myths in the car business – things people think are true but are not. Unfortunately, some myths are potentially damaging, and that is as true for your dealership’s supplier agreements as
Read ArticleDealer sales and service agreements of all major franchisors provide for a right of first refusal (“ROFR”) for the factory when a dealer contracts to sell the dealership. Virginia law regulates a factory’s exercise of
Read ArticleThis summer, the general counsel of the National Labor Relations Board (NLRB) sent shockwaves through the boardrooms of franchisors. The NLRB’s head lawyer issued a memorandum on 180 pending unfair labor practice complaints against the
Read ArticleThe National Highway Traffic Safety Administration has implemented a free internet search tool (www.safercar.gov) to determine whether vehicles have been recalled but not repaired. The recall information through the VIN search tool is supposed to
Read ArticleThe National Labor Relations Board has been critical of policies and personnel practices that lead to disciplinary actions against employees for criticizing employment conditions. According to the NLRB, an employer cannot prevent or inhibit “concerted
Read ArticleThe FTC buyers guide has been around for so long that many dealers take for granted that their personnel understand the requirements. That can be a costly mistake. Like the cash reporting rule enforced by
Read ArticleAs of September 1, 2014, The American Arbitration Association (AAA) requires any business that provides for or intends to provide for the AAA to administer its consumer arbitrations to register the business’s consumer arbitration clause
Read ArticleEmployers frequently ask about the obligations imposed by the Americans with Disabilities Act (“ADA”) for a “reasonable accommodation”. The ADA requires employers to provide a reasonable accommodation for an employee’s disability unless doing so would
Read ArticleA sales assistant goes into the office of the dealership’s general manager. She claims she is being sexually harassed by one of the outside vehicle wholesalers with whom the company does business. She says that
Read ArticleAt any given time, any given employer may be singled out for a civil investigation by the Department of Labor! These audits aim to ensure that employee benefits plans are in compliance. With all of
Read ArticleDon’t think that IRS employees are busy looking for lost emails. Agents are in the field, auditing. And car dealers are regular targets of audits – particularly of cash reporting. Every dealer should know about
Read ArticlePlaintiffs’ attorneys have a new tactic for challenging retail installment sales contracts in the deals with which their customers are no longer happy. “The signature just doesn’t look like my client’s signature on the rest
Read ArticleIRS Guidance on Manufacturer Imaging Payments The Internal Revenue Service has issued guidance on tax treatment of factory payments for facility upgrade programs. The guidance considered three types of situations in which a franchisor pays
Read ArticleAre you being compensated by your factory when you must ground new vehicles because of recalls? The National Highway Traffic Safety Act requires a manufacturer or distributor of a new motor vehicle not yet sold
Read ArticleThe federal Fair Debt Collection Practices Act is a powerful weapon for a consumer who feels abused by a debt collection agency. The Act contains detailed provisions prohibiting collectors from using harassing or abusive tactics,
Read ArticleDealers have given necessary attention to Tesla’s attack on state franchising and licensing laws. That is not the only threat to their business model that dealers face. Under the radar, third party lead providers are
Read ArticleIn this federal election year, you will hear political rallying cries like “income inequality”, “income unfairness”, and “damage to the middle class”. President Obama has made these themes in his speeches to support his party’s
Read ArticleDealers know better than anyone that consumers increasingly rely on information found online, whether true or not. Bad online reviews hurt. So what can you do about bad reviews you think are bogus? For many
Read ArticleIn January 2014, the Federal Trade Commission stepped up its recent, ongoing regulation of car dealer advertising and announced consent orders with nine dealers. Showing the agency’s nationwide reach, the dealers were in California, Georgia,
Read ArticleIt has been nearly a year since the Consumer Financial Protection Bureau issued its March 2013 bulletin that created an F&I firestorm. It put the financial institutions under CFPB jurisdiction on notice they could be
Read ArticleWe have written about myths in the car business – widely-held misbeliefs of dealership personnel about the law. Lawyers representing employees or customers in disputes with dealers have their own myths. Let’s examine some of
Read ArticleCongress enacted the Telephone Consumer Protection Act in 1991. The law was designed to restrict the activities of telemarketers in making unsolicited calls. The law provides the right for call recipients to file individual lawsuits
Read ArticleWho is in charge of compliance at your dealership? It’s likely that there is a person in overall charge, in charge of sales, in charge of service, in charge of parts…you get the idea. Given
Read Article2013 was a solid year for car dealers. Buyer demand is returning. Factories are producing vehicles customers want. Credit and leasing terms facilitate sales. Barring some unforeseen problems, the strong sales atmosphere should continue in
Read ArticleMany dealers use promissory notes to obligate a customer upon delivery of the vehicle when the customer wishes to return with his or her own funds or with the proceeds of a loan from a
Read ArticleThe year 2010 saw the acceleration of a disturbing trend in employment law for dealers and employers. The increase in lawsuits challenging employers on wage and hour law compliance continued. The U.S. Labor Department has increased its
Read ArticleBy January 1, 2011, a dealer must have in place a program for compliance with the FTC’s Risk Based Pricing Rule. The Rule was adopted based on a provision in the 2003 FACT Act which requires
Read ArticleEvery dealership should have an organized plan for ordering and managing vehicle inventory. This includes ordering, receiving units, delayed billing, and relieving units from floor plan accounts. In this article we will address some best practices
Read ArticleA leading industry publication recently published an article lauding the success of “certified pre-owned” programs of some large dealer groups. While some dealers may have great success with CPO programs, there are dangers inherent in any
Read ArticleThis is a reminder that Virginia law states that all information must be clearly visible on mounted license plates. License plate frames, such as those with dealership information, cannot obscure or cover any portion of the
Read ArticleDuring 2011, you will be hearing a lot about the Dodd-Frank Act. Even though dealers are exempt from the direct jurisdiction of the Consumer Financial Protection Bureau that is created by the Act, it still completely
Read ArticleWe all hope that 2011 will be a year of solid recovery. Many dealers saw the 2009 expense cuts kick in fully in 2010, leading to a better profit year. 2011 can be even better as sales
Read ArticleThe last five years have seen an onslaught of federal laws and regulations affecting your business. The trend does not appear to be slowing. In prescribing these laws and regulations, the government makes assumptions about your dealership
Read ArticleHas your dealership ever had the curse of the cat people put on it by your franchisor? You have if you have ever made this phone call to your lawyer or to VADA: “Help! The manufacturer has
Read ArticleAs little as five years ago, you may have snorted at the suggestion that social media would be important for your business. “Facespace…bah! What moron spends his days on that nonsense?” Today, many of your employees regularly
Read ArticleOver the next few weeks, you will probably see stories in industry publications that the U.S. Department of Labor has reversed its position and that service writers are no longer exempt from overtime requirements. More importantly, your
Read ArticleYour salespeople probably listen regularly to your customers’ concerns about protection of their private information. You’ve put in place safeguards to protect that information as required by federal law, and you notify customers of your policy
Read ArticleAll dealers watch for trends in the auto business. From time to time you are sure to hear about the fearsome threat of class actions. Unless you have been involved as a defendant in a class action,
Read ArticleAn adjustment in Virginia’s abandoned motor vehicle law, recently signed by Governor McDonnell, means changes for automobile dealers who operate repair shops, self-storage facilities or tow-truck businesses. These businesses may no longer use DMV’s online
Read ArticleRecently, we sat down with one of our Team VADA Program Partners to talk about the value of a Team VADA Partnership. Doug Avery is the F&I Executive Sales Manager for Virginia for Zurich, N.A. So
Read ArticleThe Virginia General Assembly approved a one-year extension on the HOV-lane exemption through June 30, 2012, so vehicles registered with clean special fuel license plates may continue to use certain High Occupancy Vehicle (HOV) lanes
Read ArticleAre you looking for ways to drive down insurance expenses in your dealership? Would you like to keep your employees healthy and reduce lost work-time due to illness or injury? Would you like to improve employee
Read ArticleNow that August is here, there are some revisions to forms that you use in your dealership of which you should be aware. Adverse Action and Risk Based Pricing Notices As of July
Read ArticleOften, a dealer will be presented with the question that will require a quick decision. The right answer may mean the difference proper operation of the dealership or a lawsuit. Here are some questions this office
Read ArticleThe Medicare Modernization Act (MMA) requires employers that offer prescription drug coverage, through a group plan, to notify all healthcare eligible employees whether the coverage offered is creditable or not. Creditable Coverage is defined as coverage
Read ArticleThere is confusion over the issue of whether a dealer should provide a risk based pricing notice, followed by an adverse action notice if credit is declined. You have probably read that: (1) the notice that
Read ArticleDealers regularly receive notifications from manufacturers of their area of primary sales responsibility. Whether the area is denominated as the primary market area, the area of geographical sales and service advantage, or some other term, many
Read ArticleThe passage of the Dodd-Frank financial regulation bill last year, as well as a recent campaign by Ally Bank to encourage use of credit cards in vehicle sales transactions, has led to some misconceptions about
Read ArticleWe don’t want to get too law-schoolish, so we will describe a tort simply: it is a civil claim that is not based on a contract or a statute. Contractual claims are generally between the
Read ArticleUPDATE (January 2012): NLRB Posting Requirement Delayed Again! The National Labor Relations Board (NLRB) has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, D.
Read ArticleIt’s an unusually busy Monday morning. You have the normal catch-up on the weekend business, but your manufacturer representative is visiting today and your sales manager wants to quit. Just when you think you have everything under
Read ArticleThis summer, all GM dealers received notices concerning their Area of Primary Responsibility (APR) and, where applicable, their Area of Geographic Sales and Service Advantage (AGSSA). Some dealers challenged those market assignments. Many did not. If you are
Read ArticleMYTH: When a dealership sells a used car with the dealer’s warranty, the FTC buyer’s guide serves as the warranty document that the customer must receive. THE FACTS: A customer who buys a used car with the
Read ArticleYou should keep all former garage policies with your liability, property, comprehensive and other coverages. Plaintiffs’ attorneys are increasingly utilizing the legal doctrine of equitable tolling to circumvent statutes of limitations that might otherwise bar
Read ArticleUsed car managers like the cars they buy. Too often, they like them so much that they can’t wait to get them onto the front line, and that means no dealership employee takes the time to
Read ArticleThe FTC has new power under the Dodd Frank financial reform law to regulate car dealers. It is about to host its third, and final, workshop this month in an attempt to determine whether it wishes
Read ArticleOSHA recently issued a new NEP, National Emphasis Program, which may have your business in its sights. There are not any new regulations, instead there will be a focused enforcement scheduled over the next 3
Read ArticleDealers often sponsor or become involved in sweepstakes promotions. Campaigns saying things like “Win a new car from Smith’s Hupmobile at the Q109 Prize Extravaganza” are common. For a dealer, there is more to participation
Read ArticleDo your employees understand your cash reporting and money laundering prevention policy? If not, consider the fates of the following dealers in just the last few months. In Albuquerque, NM, the federal government seized $841,883.00
Read ArticleThe Federal EPA recently cited a dealership for deploying airbags prior to disposal in the trash. Deploying airbags prior to placing them in the trash was, at one time, manufacturer recommended and common practice. It
Read ArticleA customer who leases a vehicle generally has the option to purchase it. May a dealership charge a dealer processing fee to a customer who exercises that option? While dealers may have justification for doing
Read ArticleThese days, multi-tasking is a fact of life. Our lives are more demanding than ever before, and cell phones have made us available 24/7. Our culture’s compulsion for increased productivity has forced Americans to squeeze
Read ArticleThe 2013 General Assembly passed a comprehensive bill to increase transportation revenue. The bill changes several of the taxes that you as an auto dealer collect from your sales and service customers. VADA will be
Read ArticleDictionary.com defines “triage” as “the determination of priorities for action in an emergency.” If you are a dealer who believes that you are facing more compliance challenges than ever, you are not alone. Many dealers
Read ArticleVirginia Code 46.2-1571 governs the procedure for damage to new vehicles as follows: D. On any new motor vehicle, any uncorrected damage or any corrected damage exceeding three percent of the manufacturer’s or distributor’s suggested
Read ArticleSome franchised dealers find it advantageous for a senior manager to have “skin in the game” – an ownership interest in the dealership that enhances the manager’s rewards and risks because of the dealership’s performance.
Read ArticleNew I-9 Form Dealers know that their packages for new hires must include an I-9 Form to verify the identity and eligibility of employees hired. The supplies of forms that dealers have in inventory may
Read ArticleCommon law gave a landlord a lien to sell abandoned personal property left on rented or leased premises by a former tenant to cover unpaid rent or damages to the property. Over the years, states
Read ArticleOne of the primary concerns of dealers doing business on the internet should be where problems with a sale are resolved. Can the dealer be sued in some court in a faraway state where a
Read ArticleIf a customer must stretch to come up with a downpayment by using a credit card or a hold check, does that pose a risk for your dealership? Apparently more than many dealers realize. A
Read ArticleWhat do you call it when people who know little about an industry insist on telling those who know a lot how the industry should operate? In the federal government, it is called “business as
Read ArticleFTC Requests Public Comments on Used Car Rule Revisions On December 4, 2012, the FTC sought public comment on proposed changes to the Used Car Buyers Guide required by the Used Car Rule. In effect
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