OCTOBER 19, 2010

IN THIS ISSUE

DEALER NEWS & INFORMATION

– Auto Industry News at a Glance

REGULATORY & LEGAL UPDATES

– Reminder: Colorado Law Limits Manufacturer Warranty/Sales Incentive Audits to 9 Months

LEGISLATIVE UPDATE

– Grassroots Legislative Meetings

– Michael Bennet for U.S. Senate

– The Post's Picks for State House

UPCOMING SEMINARS

– Upcoming Seminars

– Webinar: "Now" Generation Car Shoppers Demanding a New Generation Selling Process

– Webinar: How to Fix Your Technician Upsell Program

– Motor Vehicle Franchise Industry Updates

– NEW: Risk Based Pricing, Red Flags Enforcement and "Top 10" F&I Legal Pitfalls

CALENDAR OF EVENTS
– Upcoming Events

– CADA Regional Meetings

– NADA Convention and Expo

DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

–Weld County Garage Wins Best Service Department for Greeley

–Share Your Accomplishmens

THE AFTERFACT

–All the News That's Fit to Email!

ARCHIVES

CLICK HERE for Open Road
e-newsletter archives.

CLICK HERE for an Index of Regulatory
& Legal Articles from the Open
Road e-newsletter.

CLICK HERE for Bulletin archives.

CLICK HERE for Colorado Auto
Outlook archives.

CLICK HERE for Denver Auto
Outlook archives.

ONLINE REGISTRATION

CLICK HERE to register online
for various CADA seminars & events.

MEMBERSHIP RESOURCES

CLICK HERE for details on the
Speaker and Educational
Resources.

CLICK HERE for a list of current
Endorsed Vendors/Programs.

CLICK HERE for a list of current
Allied Members.

CLICK HERE for an order form for
CADA forms.

CLICK HERE for information on all member services.

www.nada.org


www.aiada.org

CLICK HERE for NADA
Regulatory Affairs information.

STATE GOVERNMENT RESOURCES

CLICK HERE for the Auto Industry
Division of the Colorado Dept.
of Revenue.

CLICK HERE for the Title and
Registration section of the
Colorado Dept. of Revenue,
Motor Vehicles Division.

CLICK HERE for the Colorado
Department of Labor &
Employment website.

Visit us at www.coloradodealers.org.

CADA Hours of Operation
Monday to Thursday, 7 a.m. to 5 p.m.
Friday, 7 a.m. to 4 p.m.

CADA STAFF

CLICK HERE for a CADA staff listing

If you have questions
or suggestions regarding this
e-newsletter, please
contact Lauren Stadler at
lauren.stadler@coloradodealers.org

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ENDORSED VENDOR/PROGRAMS

CLICK HERE for information about the
Endorsed Vendors/Programs.

If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.

DENVER CADA Regional Meeting - 2010

~ IT'S NOT TOO LATE TO REGISTER! ~

CLICK HERE FOR MORE INFORMATION!

 
AUTO INDUSTRY NEWS AT A GLANCE

Listed here are several articles pertaining to the
auto industry in general that appeared recently in newspapers and other media outlets across the nation.

Denver CADA Regional Meeting 2010

Join your colleagues to learn about issues important to you, your dealership, and your operations.                 

Hear what is happening in Colorado’s legislative and regulatory arena and what CADA is doing to proactively address problems that affect dealer survivability and profitability.

Be informed, be involved and be connected! Register today AT NO COST using one of the following methods:

Please click on the box below to register
for this meeting.
To register by phone, please call Lauren Stadler at 303.457.5123
Questions? Call or email Tim Jackson at 303.282.1448 or tim.jackson@coloradodealers.org
or visit www.coloradodealers.org/regionals

REMINDER: COLORADO LAW LIMITS MANUFACTURER WARRANTY/SALES INCENTIVE AUDITS TO 9 MONTHS

Recently, a CADA member undergoing a manufacturer audit recalled reading or hearing something about improvements to the Colorado Franchise laws.  Upon contacting CADA, and obtaining the latest changes to the law in Colorado, the dealership was able to reduce the manufacturer’s audit “bill” by over $100,000 after the manufacturer had looked back farther than the new law allows!  Under the latest revisions to the Colorado Franchise laws passed in this year’s legislative session, the audit period is now limited to 9 months.

To re-cap, in 2009, Senate Bill 91 provided a 15 month submission period for dealers on warranty and sales incentive claims. It also limited the manufacturer’s ability to audit those claims to 15 months.  This year, House Bill 1049, improved upon that, allowing the claim submission period to be at least 9 months and limiting the audit look-back to 9 months.  That new law was effective upon the Governor’s signature on March 22, 2010. 

It pays to ensure you are fully aware of the most current Franchise laws!

Attend upcoming training on Colorado Franchise laws – ensure you are aware of statutes that can improve your negotiating power.  Also learn strategies and tactics from one of the most well-respected franchise attorneys who does work on this front for dealers nationwide.  Sessions are November 9 - 11, 2010; CLICK HERE to view the calendar of dates/times. 

CLICK HERE for a summary re-cap of other improvements to the franchise law passed in 2010.    

* * * * * * * *

If you have questions on any legal or regulatory topic, please contact:

• Tammi McCoy, Vice Pres., tammi.mccoy@coloradodealers.org, 303.282.1449
• Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.1448

DISCLAIMER: CADA is not authorized to dispense legal advice.The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance

GRASSROOTS LEGISLATIVE MEETINGS

The CADA Legislative Policy Committee is scheduling dealer meetings with Colorado state legislators in order to increase awareness and gain support for the many policy issues expected to face auto dealers in the upcoming session of the Colorado General Assembly which convenes Wednesday, January 12, 2011.

Several meetings are planned and you are invited to participate in as many of the meetings as you are able to do.  Please see the schedule below for meetings in your district.

With the economic challenges faced by the industry today, it is more important than ever that state legislators get the opportunity to hear from you on issues of importance to you and your business.

RSVP To:  Lauren Stadler, Phone: 303.457.5123, Fax: 303.831.9100 or Email: rsvp@coloradodealers.org or lauren.stadler@coloradodealers.org

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MICHAEL BENNET FOR U.S. SENATE
The Denver Post, October 15

Both men running for U.S. Senate in Colorado know that Washington is broken.
But The Denver Post believes one of them is better suited to fix it than the other.

Michael Bennet, who was appointed as Colorado's junior senator in January 2009, has the temperament, intelligence and passion to be a leader — not just for Colorado, but also for the fractured Senate and the country.

Bennet has the potential to lead a bipartisan coalition of centrist U.S. senators who can finally begin tackling the nation's burdensome debt, the unsustainable entitlement system, and the confusing, unfair tax code while also helping to guide us out of two wars and a deep recession.

These are monumental tasks, to be sure. They will require sacrifice from all Americans, but also intelligence and deftness from our leaders.
Bennet can do that. He must.

CLICK HERE to continue reading...

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THE POST'S PICKS FOR STATE HOUSE
The Denver Post, October 15

The battle for control of the Colorado House of Representatives, where Democrats hold a 37-27 advantage (with one independent), is mostly fought away from the high-priced political campaigns now bombarding weary Coloradans.

With an average population of about 75,000 people in each district, candidates hit the streets to knock on doors and meet as many voters as possible. It's retail politics at its finest.

To help our readers make sense of some of the races, we're endorsing candidates in 10 key House districts across the state. These are the races both parties are eyeing for control of the House.

To reach our endorsements, we reviewed questionnaires sent to all legislative candidates, visited candidate websites and evaluated the records of incumbents and challengers.

CLICK HERE to continue reading...

* * * * * * * *

Questions or Comments?  Please contact:

• Melissa Kuipers – VP of Government Relations and Communications
  melissa.kuipers@coloradodealers.org, 303.457.5115
• Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.1448   

WEBINAR: "NOW" GENERATION CAR SHOPPERS DEMANDING A NEW GENERATION SELLING PROCESS

More and more dealers are adopting a “negotiation-free” selling model with huge success!

11:00am(MDT), Thursday – October 21, 2010

The Internet has changed the landscape of automobile shopping tremendously; customers are no longer in the dark about car prices!  Online review sites give the disgruntled consumer a megaphone to share their experiences with you dealership.  The costs of maintaining a traditional showroom process continue to climb while effectiveness wanes. 

Join us as Mark Rikess of The Rikess Group discusses why so many dealers are taking action by changing the culture in their showrooms to amore transparent and open non-negotiation based selling system.  Case studies presented demonstrate the effectiveness of this approach, now its up to you to be the catalyst for change in your showrooms.  Learn how successful non-negotiation selling dealers are taking the plunge and making it work!

Presented By: Mike Rikess, The Rikess Group

Cost:  CADA Members $169 / Non-Members $298.00

CLICK HERE for more details!

CLICK HERE to register online!
Enter discount code TCDJ3CADA (not case sensitive)

** DealersEdge does accept "bill me" registrations.  If you prefer to be invoiced, rather than to pay online with a credit card, please call 800-321-5312 for personal and prompt service.

* * * * * * * *

WEBINAR: HOW TO FIX YOUR TECHNICIAN UPSELL PROGRAM

Are you turning over every stone to find new ways to build service volume and profits?

11:00am(MDT), Thursday – October 28, 2010

There are many credible strategies to building service volume and profits.  Do your technicians provide basic information about needed repairs and maintenance on vehicles currently in your shop?  Is your technician up-sell process failing, do you know how to fix it?

Join us as “Prof” Ray Branch of the KEEPS Corporation discusses all the reasons a technician up-sell program can fail and how you can fix failed process and turn them around to increase your service volume and profits.  Ray’s blueprint should yield an additional .2 to .4 hours to your average consumer repair order. 

Presented By: “Prof” Ray Branch, KEEPS Corporation

Cost:  CADA Members $169 / Non-Members $298.00

CLICK HERE for more details!

CLICK HERE to register online!
Enter discount code TCDJ4CADA (not case sensitive)

** DealersEdge does accept "bill me" registrations.  If you prefer to be invoiced, rather than to pay online with a credit card, please call 800-321-5312 for personal and prompt service.

MOTOR VEHICLE FRANCHISE INDUSTRY UPDATES

Keep Your Dealerships Out of the Cross-Hairs of Manufacturers and Regulators!

Multiple Locations November 9 - 11, 2010

Who should attend?
  Dealer principals, general managers, GSMs, controllers & dealer attorneys

• Dealership Rights: Make sure you understand your rights and obligations in order to fully assert protection—and to ensure you are not signing rights or protections away without recourse!
• Newly enacted Colorado franchise protections
• Review of lessons learned for ALL dealers from GM & Chrysler arbitrations
• Dealer protections against exclusivity and forced facility upgrades
• Review of manufacturer audit and chargeback limitations under Colorado law
• Strategies for responding to increased manufacturer  threats of  deficient sales performance
• Termination benefits  for dealers with discontinued linemakes and individually terminated franchises
• Dealer protections against distributors and foreign manufacturers
• Examples from specific manufacturer programs and actions will be included
• Preview of new and additional dealer protections under consideration for Colorado

Presented by: Richard n. Sox, Bass Sox Mercer Law Firm
Richard Sox is the managing partner at Bass Sox Mercer Law Firm which focuses primarily upon the representation of motoer vehicle dealers.  Mr. Sox assists dealers in both manufacturer sponsored and judicial mediation, state-mandated administravie proceedings as well as in state and federal court. Mr. Sox is not limited to any particular state in his represenation of dealers.  Most recently, he has undertaken the lead role in assisting various state dealer associations in revising and updating their franchise protections.  Mr. Sox was admintted to the florida Bar in 1993.  He writes a monthly franchise law column for Dealer Magazine and is regularly quoted in industry periodicals, including Automotive News.

CLICK HERE to register online!

CLICK HERE for more information!

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NEW: RISK BASED PRICING, RED FLAGS ENFORCEMENT AND TOP 10 F&I LEGAL PITFALLS

You can not afford to miss this session designed to inform you about major federal regulatory changes and common errors you need to avoid! 

Multiple Locations November 16 - 18, 2010

Topics to be covered include:

• Risk based pricing, what you must know in order to comply with this new mandate that starts Jan. 1, 2011!
• Red Flags enforcement, why you should use the new model privacy notice. After many delays, active enforcement begins Dec. 31, 2010.  Are you ready?
• Bureau of Consumer Financial Protection, why the “auto dealer exemption” may not apply to your dealership
• Top 10 F&I legal pitfalls – what to look for – what to avoid
• Other hot topics, federal regulatory changes, common errors and much more.

Presented by: Shawn Mercer, Bass Sox Mercer Law Firm
A partner in the Raleigh, North Carolina office of the Bass Sox Mercer law firm.  Mr. Mercer’s national practice is devoted solely to representing motor vehicle dealers.  He provides counsel to the firm’s dealer clients and their local counsel in areas including manufacturer facility and incentive programs, franchise realignment, audit charge backs, sales performance agreements, terminations, dealership relocations and add points. Mr. Mercer regularly represents dealers in disputes with manufacturers and consumers in mediations, administrative proceedings and in state and federal court.  He also assists various state dealer associations with revising and updating state franchise protections and he regularly works with dealers to address factory disputes, F&I concerns, advertising compliance and consumer complaints.

CLICK HERE to register online!

CLICK HERE for more information!

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TO REGISTER ONLINE FOR ANY CADA SEMINAR OR EVENT, PLEASE VISIT: www.coloradodealers.org/registration

If you have a particular area of interest or would like to suggest a training seminar topic, please contact Lauren Stadler at 303.457.5123 or lauren.stadler@coloradodealers.org

As car dealers our visions are always beyond the present and embedded in the future. With new car sales on the rise and crippling legislation prevented, we, as dealers can certainly see a Bright Future Ahead!

To learn more about this Future and to explore all the possibilities it can contain, be sure to attend this year’s NADA Convention and Expo in San Francisco. We have so much in store for you! To name a few things headed your way:

• New on Friday night!  A NADA welcome reception co-sponsored by JD Power and Associates
• One stop registration and housing online with immediate confirmation!
• A compact 3 day Convention that wraps up on Monday at 5:00
• New workshops by Google, Ritz Carlton and JD Powers!
• General Sessions to be held on the third level in Moscone West, eliminating the busing to Civic Auditorium
• Advance registration open right up to Friday!
• Early Bird discounted registration fees
• New ID card scanners to replace the expo cards
• Optional badge mailing to your home enabling streamlined credential pickup.

Visit www.nadaconventionandexpo.com for more details!

WELD COUNTY GARAGE WINS BEST SERVICE DEPARTMENT FOR GREELEY!

The Greeley Tribune newspaper does a survey once a year asking everyone to
put in their vote for their favorite places in Greeley from favorite person,
eating place, car service, etc. This year Weld County Garage had the honor
of Best Service Department for the second year in a row. The Tribune also
had a new category this year of best mechanic and Weld County Garage came in
second for that and third for best oil change. Roger Ramirez is our fixed
department manager and does a superb job. The staff is friendly from our
drivers to our owners, Warren and Lee Yoder. You won't find a better
dealership in Northern Colorado to work at and to visit!

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LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!

Have you or anyone else at your dealership won an award recently? Have you or your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to milestones@coloradodealers.org. Also include your contact information for further follow-up.

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