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APRIL 17, 2012
IN THIS ISSUE
 DEALER NEWS & INFORMATION
– Auto Industry News at a Glance
REGULATORY & LEGAL UPDATES
– Guest Article: Selected Litigation and Compliance Issues From Around the Country
LEGISLATIVE UPDATE
– Alternative Fuel Tax Credit Bill Signed By Governor—To Ensure Consumers Obtain Tax Credit Incentives on Leases
– CADA Bill Tracker
PARTICIPATE IN CADA'S INNOVATIVE DEALER SUMMIT SURVEY
– Take the Survey!
UPCOMING SEMINARS
– KPA Weekly Webinar
– Upcoming Seminars
CALENDAR OF EVENTS
– CADA Annual Member Golf Event
– Upcoming Events
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
– Best In West: Lone Tree's Massey Cited as Cadillac Dealer of Year
– Grand Re-Opening Ceremony For Go Toyota
– Ally Bank Hosts Reception To Honor TIME Dealer of the Year, Mike Shaw
– Colorado Springs Auto Dealers Association Host Congressman Doug Lamborn for Grassroots Legislative Briefing at Start of 38th Annual Colorado Springs Auto Show
– Share Your Accomplishmens
THE AFTERFACT
–All the News That's Fit to Email!
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 CADA Open Road is now beginning its sixth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since January 3, 2007.
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.
- Coloradans: Donate An Old Polluting Car, Get A Tree Planted
Green Car Reports, April 12
While it's not quite the 2009 Cash for Clunkers program, it's a nice gesture with a clear mission: get the most polluting cars off Colorado roads.
- Colorado Car Dealers Launch “Trees For Trade-Ins” Program
Earth and Industry, April 12
Supported by the car dealers across the state, the Colorado Clear the Air Foundation launched its own version of "Cash for Clunkers" in which drivers trading in old cars not only get a nice tax deduction, they also help plant trees in communities affected by natural disaster.
- One way to get dirty cars into the junkyard
Automotive News, April 12
Building clean new cars doesn't help the environment unless we also can get dirty, old cars off the road, so we need to do both.
- Study: New fuel rules will cut 7M out of car market
The Detroit News, April 12
The National Automobile Dealers Association says higher vehicle prices resulting from higher fuel economy rules will cut as many as 7 million potential new-car buyers out of the market in 2025.
- Dodge Dart pricing to start at $16K
The Detroit News, April 16
Chrysler Group LLC has announced full pricing details for its new Dodge Dart, which is due in dealer showrooms in June.
- DuPont's armored car kit a huge hit in Brazil
MSNBC, April 16
Would you bulletproof a Kia? If you live in Brazil, the answer could very well be yes - to guard against robbers at stop signs in Sao Paulo or traffic jams in Brasilia.
- AAA Mich.: Gas prices up 3 cents in past week
Detroit Free Press, April 16
AAA Michigan says gasoline prices rose about 3 cents during the past week to a statewide average of about $3.93 per gallon.
- Toyota turns to BMW to power European rebound against VW
The Detroit News, April 16
Toyota Motor Corp., which was overtaken by Volkswagen AG in sales last year, is striking back on the German automaker's home turf.
- NY auto show; a fashion show for cars
Tim W Jackson, Wordpress Blog
See more at http://timwjackson.wordpress.com
- Mechanic's role shifting as vehicles get more high-tech
Detroit News, Autos Insider
See more at www.autosinsider.com
- Bob Lutz, Design Critic? Grading the Ex-G.M. Executive on His Latest Gig
The New York Times, Wheels
See more at http://wheels.blogs.nytimes.com
- Fiat confident 500 sales will blossom in U.S.
USA Today, DriveOn
See more at http://content.usatoday.com/communities/driveon/index
- Recycled Green Rides
Los Angeles Times, Autos
See more at http://www.latimes.com/classified/automotive/highway1/
- Crazy Six-Figure Rebate For Buyers Of This Ultra Luxe Car
AOL Autos
See more at http://autos.aol.com/
- Mercedes SL's Beauty Is on the Inside—Really
The Wall Street Journal CARS
See more at http://online.wsj.com/public/page/news-autos-automotive.html
- The race to become the world's uber-automaker
CNN Money
See more at http://money.cnn.com/autos/
…more news articles are included at the end of this issue.
GUEST ARTICLE: SELECTED LITIGATION AND COMPLIANCE ISSUES FROM AROUND THE COUNTRY
The CARLAWYER©
By Thomas B. Hudson and Nicole Frush Munro
Here’s our monthly collection of selected legislative and regulatory highlights, and a recap of some of the many auto sale and financing lawsuits we follow each month. Remember - what we report here is not even close to being every recent development. We select those we think should be important or interesting to car dealers. Note that this column does not offer legal advice. You should consult your dealership lawyer with any legal questions.
We include items from other states. Why? We want you to be able to see new legal developments and trends. Also, another state’s laws might be a lot like your own state’s laws – if AGs or plaintiffs’ lawyers are pursuing particular types of claims, those laws and claims might soon appear in your state. As always, though, there is no substitute for checking with your own lawyer before you rely on anything we report or if you have any questions.
Overview below – CLICK HERE for the full article.
Federal Law
- FTC Targets Negative Equity Ads
- FTC Releases Consumer Complaint List
Litigation
- Arbitration Provision in Vehicle Purchase Agreement Did Not Apply to GAP Policy Purchased Three Days After Vehicle (Oklahoma)
- Security Agreement Must Exist Separate from Certificate of Title and Application for Certificate of Title (South Dakota)
- Vehicle Lessor Not Liable for Acts of Licensed Repossession Agency under California Law: (California)
- Court Refuses to Dismiss Claim that Creditors Violated ECOA by Failing to Notify Applicant of Adverse Action (Virginia)
- Spot Delivery Transaction May Violate Florida’s Unfair and Deceptive Trade Practices Act. (Florida)
Tom (thudson@hudco.com) and Nikki (nmunro@hudco.com) are partners in the law firm of Hudson Cook, LLC. Tom is the author of several books, available at www.counselorlibrary.com. Tom is also the publisher of Spot Delivery®, a monthly legal newsletter for auto dealers, and the Editor in Chief of CARLAW®, a monthly report of legal developments in all states for the auto finance and leasing industry. Nikki is a contributing author to the F&I Legal Desk Book and frequently writes for Spot Delivery. Spot Delivery, CARLAW and the books are produced by CounselorLibrary.com LLC. For information, call 410-865-5411 or visit www.counselorlibrary.com. Copyright CounselorLibrary.com 2011, all rights reserved. Single publication rights only, to the Association. (4/12) HC# 4815-1804-1615.
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If you have questions on any legal or regulatory topic, please contact:
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
ALTERNATIVE FUEL TAX CREDIT BILL SIGNED BY GOVERNOR—TO ENSURE CONSUMERS OBTAIN TAX CREDIT INCENTIVES ON LEASES
On May 12, 2012, HB12-1299 was signed into law by the governor. Starting with the 2012 tax year, this bill will remove confusion on alternative fuel tax credits on leases. Some consumers in Colorado had received notices they were ineligible for previously claimed tax credits after audits revealed that both the leasing company and the consumer had taken the credit. Department of Revenue regulations had given priority to the leasing company, and no documentation was required upfront to prove eligibility.
Visit the prior article, State Alternative Fuel Tax Credits: Beware of Confusion on Leases, CADA Open Road, Regulatory & Legal Updates, March 27, 2012.
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CADA BILL TRACKER
Follow the Colorado Auto Dealers Bill Tracker HERE!
PARTICIPATE IN CADA'S INNOVATIVE DEALER SUMMIT SURVEY
Thank you for participating in the 2012 Innovative Dealer Summit held Wednesday, March 21 and Thursday, March 22 at the Colorado Convention Center.
With so many emerging tools, trends and techniques and so much changing due to Internet marketing, it was our intent that the Innovative Dealer Summit provide timely, convenient and affordable guidance for dealers and dealership staff.
So that we can better understand how the Summit can be improved for the future, we are seeking your direct input. Please take a moment to click on the link below and complete the survey to provide us with your thoughts and feedback.
CLICK HERE to take the survey!
We look forward to seeing you at the next Innovative Dealer Summit!
KPA WEEKLY WEBINAR:
Covers an Environment & Safety or an HR topic each week
Every Thursday
10:00-11:00am (MST)
CLICK HERE for upcoming topics and to register!
Previously recorded webinars are also available at the above link.
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| Event Description |
Date/Time |
Location |
KPA Weekly Webinar
Covers an Environment & Safety or an HR topic each week
|
Every Thursday
10:00-11:00am (MST)
|
CLICK HERE for upcoming topics and to register!
Previously recorded webinars are also available at the above link. |
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
| Event Description |
Date/Time |
Location |
CADA Annual Member Golf Event
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Monday, September 10, 2012
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Colorado Golf Club
8000 Preservation Trail
Parker, CO 80134
*More Details Coming Soon* |
BEST IN WEST: LONE TREE'S MASSEY CITED AS CADILLAC DEALER OF YEAR
The Denver area’s Don Massey Cadillac has been named a 2011 Cadillac Dealer of the Year award winner. “Your effort to make the customer experience a key driver of why customers repeatedly buy our products and services has earned you this award,” said Mark Reuss, president, North America, for General Motors, in a letter to the dealership.
CLICK HERE to read the entire article.
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GRAND RE-OPENING CEREMONY FOR GO TOYOTA
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ALLY BANK HOSTS RECEPTION TO HONOR TIME DEALER OF THE YEAR, MIKE SHAW
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COLORADO SPRINGS AUTO DEALERS ASSOCIATION HOST CONGRESSMAN DOUG LAMBORN FOR GRASSROOTS LEGISLATIVE BRIEFING AT START OF 38TH ANNUAL COLORADO SPRINGS AUTO SHOW
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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.
THE AFTERFACT
- New study shows just how 'green' electric cars are
MSNBC, April 16
Switching to a battery-powered vehicle will yield measurable savings in a motorist’s energy bills, according to a new study, while also reducing global warming emissions.
- You Can Reboot Your Computer; Why Not Your Car?
Forbes, April 15
Owners of late-model Ford and Lincoln brand vehicles recently received something unusual in the mail: a thumb-sized USB flash drive.
- No more retro for Mustang as it prepares to turn 50
MSNBC, April 16
Has retro finally run its course? Much like Hollywood studios, automakers like to bet on sure things, and showrooms have plenty of examples of how everything old can become new again, like the latest reincarnation of the Volkswagen Beetle, and the revival of the Chevrolet Camaro.
- It's end of the line for Chevrolet Avalanche
The Detroit News, April 14
General Motors Co. said Friday that it is ending production of the Chevrolet Avalanche after more than a decade because of sagging sales.
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