NOVEMBER 2, 2010

IN THIS ISSUE

DEALER NEWS & INFORMATION

– Auto Industry News at a Glance

REGULATORY & LEGAL UPDATES

– Latest Body Style Abbreviations for Title Processing

– Internet Postings are 'Advertisements' and Must Include D&H Fees

LEGISLATIVE UPDATE

– Gasp! Pollster Says Tancredo Wins it by 2!

– Fox Poll: (R) Buck 50, (D) Bennet 46; (D) Hick 47, (ACP) Tancredo 44, (R) Maes 6

UPCOMING SEMINARS

– Upcoming Seminars

– WEBINAR: Facebook for Dummies Auto Dealers

– New Generation DMS Selling Tools - What's New & What's Worth the Cost!

– EPA Schedules Five Free 6H Compliance Webinars for Body Shops

– Dealer Franchise Protections

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

– WEBINAR: Chuck Hartle's Parts Inventory Evaluation Tool - Nails Down Overall Department Performance

CALENDAR OF EVENTS
– Upcoming Events

– CADA Regional Meetings

– NADA Convention and Expo

DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

–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

CLICK HERE or scroll to the bottom
of this page if you want to be
added or removed from our list.

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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.

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DEALER FRANCHISE PROTECTIONS

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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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

LATEST BODY STYLE ABBREVIATIONS FOR TITLE PROCESSING

When completing various state title processing forms, the body style field has a standard set of abbreviations.  While generally most counties will not reject paperwork for such a minor issue, this can vary by county and by person processing.  The more these standard abbreviations can be followed, the less likelihood for rejection and the easier it is on the county side. CADA has received reports of some rejections based on these abbreviations. 

CLICK HERE for the latest body style abbreviation list from the state Administrative Title Procedures Manual. 
[Also includes a listing of the abbreviations for fuel types, colors, and makes].

Further, if there are new models expected that do not fit neatly into one of these categories, please contact CADA in advance; we can notify the state so guidance can be issued to the counties proactively, and a new abbreviation established if needed. 

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INTERNET POSTINGS ARE 'ADVERTISEMENTS' AND MUST INCLUDE D&H FEES

Another reminder that all internet postings (dealer web site, Craigslist, Autotrader, etc) are considered ‘advertisements’ and are subject to state advertising regulations.   Advertising Rule 13 states the following:

Rule 13. Advertising the price of a vehicle without including all costs to the purchaser at the time of delivery, except sales tax, finance charges, cost of emissions test, and transportation costs, incurred after sale, to deliver the vehicle to the purchaser at the purchaser’s request.

Because D&H is not included as one of the exceptions, it must be included in all ads / postings. 

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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

GASP! POLLSTER SAYS TANCREDO WINS IT BY 2!
The Denver Post, October 29

Reading through the political blogosphere earlier today, I came across a post so shocking I had to check it out.

The post’s assertion?

“Tom Tancredo, John Suthers will win; GOP will retake Colorado House, Senate.”

I admit it – the Tancredo prediction sounds far-fetched, given the polls we’ve been seeing. But after researching the methodology behind the assertions, I felt like it was worth adding to the conversation, even if it proves to be an outlier.

The blogger, Donald E. L. Johnson, wasn’t referencing an actual poll, but an interview with David Flaherty, the president and chief executive of Magellen Data and Mapping Strategies in Louisville, Colorado.

Flaherty polls mostly for Republican candidates, and is presently working with the Ken Buck campaign – which he declined to discuss – but he tells me his goal is to call them correctly. After all, if he gets it wrong consistently, would-be clients figure it out.

I called him to ask about Johnson’s post. Flaherty walked me through the extensive data that predicts a much larger Grand Old Party turnout this year (as much as 8 points more than Democrats) and stood by his data-driven predictions.

But he conceded: “I know it’s bold and I know it’s unbelievable, That’s the way I see it. I could be wrong.”

(I don’t wish to poach Johnson’s work, so please click the link and see the full analysis. (Also, I don’t pretend to be an expert in the dark arts of predicting political race outcomes.))

That said, here are the highlights from Johnson’s post:

Tancredo wins.

CLICK HERE to continue reading.

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FOX POLL: (R) BUCK 50, (D) BENNET 46; (D) HICK 47, (ACP) TANCREDO 44, (R) MAES 6
The Denver Post, November 1

A Fox News/Public Opinion Research poll shows Republican Ken Buck edging Democratic Sen. Michael Bennet 50-46 in Colorado’s U.S. Senate race, while Democrat John Hickenlooper is effectively tied with former congressman Tom Tancredo in the governor’s race, 47-44. Republican Dan Maes pulls in just 6 percent support in the poll.

Buck gained 4 points from the Fox News battleground state poll taken two weeks ago and now leads Bennet 50 percent to 46 percent among likely voters, the pollster said, adding: “For a Senate challenger to be leading so late and be above 50 percent is a serious sign that Bennet may be headed for defeat.”

The survey of 1,000 likely voters was conducted Saturday and has a margin of error of plus or minus 3 percent.

The poll’s respondent breakdown by party was 36.2% GOP; 29.9% Dem and 33.9% unaffiliated.

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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   

FACEBOOK FOR DUMMIES AUTO DEALERS

Step-by-step: How to Build a Highly Successful Facebook Marketing Page

Thursday - November 4, 2010

Join us as we walk you through how to build a successful, attractive and professional
Facebook page for very little cost.  Keep your “fans” engaged with just 5 minutes of effort each day! 

Learn how one dealership was able to generate almost $100,000 in gross profit from their Facebook Exposure in just seven (7) months and how you can too!

Dubbed the “rock star” of employing social media in dealerships by digital marketing guru – Brian Pasch – Timothy is a car-guy first, and a techie second.  Let Timothy show you how to use this popular platform to successfully create sales and profits

Presented BY: Timothy Martell of Wikimotive

CLICK HERE to register online! Enter discount code WDK1CADA (not case sensitive)

CLICK HERE for more information!

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NEW GENERATION DMS SELLING TOOLS - WHAT'S NEW & WHAT'S WORTH THE COST!

Dealership DMS technology is advancing have you been forced to make tough choices without having all the facts?

Thursday - November 11, 2010

Your job is to sell cars; wouldn’t you like to leave the “techie stuff” to the technology professionals?  However, by leaving the “techie stuff” to the professionals and not knowing what new technologies are available, realistic, effective and more importantly cost-effective can put you at a severe disadvantage compared to your competitors.

By relying on your competitors to be in the dark on these subjects, you place yourself at unreasonable risk of being bulldozed by them.  Join us as Wayne Youngs guides you through the information you need to make intelligent decisions and investments in your DMS systems and choosing those features that will give you the selling advantage.

Presented BY: Wayne Youngs, Executive Consultant, Dixon Hughes PLLC

CLICK HERE to register online! Enter discount code WDK2CADA (not case sensitive)

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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CHUCK HARTLE'S PARTS INVENTORY EVALUATION TOOL- NAILS DOWN OVERALL DEPARTMENT PERFORMANCE

The key measurement for believable and accurate inventory performance analysis!

Thursday - November 18, 2010

Presented BY: Chuck hartle, Parts GURU, PartsEdge
How much time do you spend concentrating on all those confusing reports and indicators pumped out by your DMS concerning your parts inventory?  Are you suffering from pure data over-load? Measurements are not necessarily bad, but they can be confusing and counterproductive.  Chuck Hartle has developed a simple measurement that can tell quickly whether or not your efforts to manage your parts inventory are effective.

Visit with Chuck as he explores and explains his “Purchase-To-Sale Ratio”, a measurement that yields the best data for evaluation of your inventory performance – all in one reporting method!  This single and easy to produce report will unlock the data and help improve your overall inventory performance.

CLICK HERE to register online!
Enter discount code WDK3CADA (not case sensitive)

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!

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.

If you want to be added to our mailing list, please CLICK HERE.

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