April 16, 2013



Online Automotive Platform Sponsor

TITLE SPONSOR OF THE
2013 CHARITY PREVIEW PARTY

IN THIS ISSUE

a SPECIAL ANNOUNCEMENT

NADA's 2013 Dealership Workforce Study In-Progress

 

a DEALER NEWS & INFORMATION

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

Reminder of Colorado Restrictions Covering Surcharges On Credit Card Payments

 

LEGISLATIVE UPDATE

CADA Bill Tracker

 

UPCOMING SEMINARS

KPA Weekly Webinar

Upcoming Seminars


CALENDAR OF EVENTS

Upcoming Events

Leadership Program of the Rockies


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.


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.

open_sign


CADA STAFF

CLICK HERE for a CADA staff listing


If you have questions
or suggestions
regarding this
e-newsletter, please
contact Marsha Temple at
marsha.temple@coloradodealers.org

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


Need Acrobat Reader
to view linked
documents?
CLICK HERE for a FREE
download from Adobe.


ENDORSED PROVIDER/PROGRAMS

CLICK HERE for information about the
Endorsed Programs
.

Contact Polly Penna at CADA to request more information on any of the programs below: polly.penna@coloradodealers.org

Choosing a CADA endorsed provider supports our work for the Colorado retail vehicle industry.
________

www.afadvantage.com

Supplemental Employee Benefits
________

www.americanexpress.com

a Corporate Card - Rewards Program
________



www.bradfordpublishing.com

Dealer Retail Installment Sales Contract (“Rocky Mountain Bank Note”)
________

www.federatedinsurance.com

a General Liability
________

www.incom-direct.com

Merchant Transaction Processing
________

http://www.kpaonline.com/

HR Management & Online Compliance

Environmental / Health & Safety Compliance
________

www.lbtelecom.net

Telecommunications
________

https://www.nadart.org/

Retirement plan management
________

www.business.officedepot.com  

Office Supplies
________

www.siegeloil.com

Oil, Lubricants, Service Chemicals & Reconditioning Products
________

www.unifirst.com

Uniforms / Standard Workwear
________


www.pinnacol.com

Workers Compensation


 

 


If this e-newsletter does not display correctly,
CLICK HERE
to access the web-based version.


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.


a


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.



…more news articles are included at the end of this issue.



NADA'S 2013 DEALERSHIP WORKFORCE STUDY IN-PROGRESS
www.NADAworkforcestudy.com

Deadline is Tuesday, April 30th!

Curious to know how your dealership’scompensation and benefits package stacks up? Ever stop to analyze your retention and turnover rates as a tool to recruit and retain top talent? That analysis can helpguide development of innovative pay plans, benefits, and business structure adjustments. a

NADA’s 2013 Dealership Workforce Study isn’t the compensation study of yesteryear.  This robust initiative collects data from dealerships across the United States and provides extensive comparative data on dealership position pay averages, hours of operation trends, retention and turnover percentages, as well as health and retirement benefits.

There is no cost to participate! Car and truck dealerships that participate are eligible to receive:     

  • Basic Report – a custom report that presents your dealership’s compensation, benefits, and retention averages compared to the national and regional industry—COMPLIMENTARY!
  • Enhanced Report – a premium custom report that presents your dealership’s compensation, benefits, and retention averages compared to your franchise and local market
  • Industry Report – a comprehensive report with critical economic factors and analysis—COMPLIMENTARY!

It’s easy!a
1.      Go to www.NADAworkforcestudy.com
2.      Enroll using your NADA/ATD Member ID
3.      Complete a simple online survey
4.      Upload your payroll data file securely to our secure site

New for 2013: Dealer Group participation has been simplified and streamlined. Enroll one store and submit survey and payroll data for all dealerships within your group. Instructions are provided on the Workforce Study website.

Finally, this study will provide CADA with vital data and trends to better enable us to impact industry issues on your behalf.

Go to www.NADAworkforcestudy.com to get started. The DEADLINE is Tuesday, April 30!

Questions? Call CADA at 303.831.1722 or call NADA Customer Service at 800.557.6232.



REMINDER OF COLORADO RESTRICTIONS COVERING SURCHARGES ON CREDIT CARD PAYMENTS

A recent class action settlement has raised the issue of merchants potentially adding surcharges for the use of credit cards —a practice that card company rules have previously prohibited.  Many dealerships likely received the Notice of Settlement providing the opportunity to ‘opt-in’ to this settlement.    

CLICK HERE for a summary of this litigation provided by CADA endorsed provider, Incom Direct.  Incom provides merchant processing services and pioneered a unique, flat monthly rate pricing model.  The company was founded and is still run by Janet Sanders—who started out as a merchant and then founded her own processing company to leverage what she had learned to help other merchants.  Her recommendation is that merchants not ‘opt-in’ to this settlement for the following key reasons:  the pay-out is far too small, rule concessions are too little, fee reductions are non-existent, and if too few merchants opt-in, the court may reject the settlement, forcing the card companies to negotiate further.  Janet—always your “merchant advocate”—has indicated she is available to answer any CADA member questions on this litigation.   Contact Janet Sanders at 303.665.0800 or jsanders@incom-direct.com.

In November 2012, the United States District Court for the Eastern District of New York preliminarily approved a proposed settlement agreement in the In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation. As part of this settlement, Visa and MasterCard are required to implement certain rule changes, including the ability for merchants to surcharge certain credit card transactions beginning January 27, 2013.  There has been a fair amount of press on this settlement and the prospect that many merchant could begin adding surcharges.   Some of these articles have noted that certain states also prohibit such credit card surcharges by law.

A reminder that Colorado is one of those states—provisions of the state Uniform Consumer Credit Code (UCCC) prohibit such surcharges:

5-2-212. Surcharges on credit transactions - prohibition

(1) Except as otherwise provided in sections 24-19.5-103 (3) and 29-11.5-103 (3)*, C.R.S., no seller or lessor in any sales or lease transaction or any company issuing credit or charge cards may impose a surcharge on a holder who elects to use a credit or charge card in lieu of payment by cash, check, or similar means. A surcharge is any additional amount imposed at the time of the sales or lease transaction by the merchant, seller, or lessor that increases the charge to the buyer or lessee for the privilege of using a credit or charge card. […]

(2) A discount offered by a seller or lessor for the purpose of inducing payment by cash, check, or other means not involving the use of a seller or lender credit card shall not constitute a finance charge if such discount is offered to all prospective buyers and its availability is disclosed to all prospective buyers clearly and conspicuously in accordance with regulations of the administrator.               
*Exceptions for state and local government respectively (surcharges are allowed for’ actual cost’).

Generally, the UCCC applies to sales or leases up to $75,000 made to individuals (not organizations) that are primarily for personal, family, or household purpose.  While that may mean some categories of transactions are not covered by this prohibition, numerous other restrictions and legal risks would be important to fully consider for any dealership contemplating either a surcharge or a discount.  These include restrictions in the settlement that require a level playing field if other competing card brands are accepted such as American Express, Discover, or PayPal.  Any dealershipa considering such a surcharge, or even a discount for cash that is not prohibited under the UCCC—should consult with legal counsel

About Incom Direct:  a uniquely positioned player in the merchant services industry. Rather than being tied to one processor and one rate, Incom has relationships with all four processors and can offer merchants the best rate possible

Credit and Debit Card Processing | Loyalty and Gift Cards | Petroleum and Fleet Cards |
Automatic Teller Machines (ATMs)  | Check verification, guarantee and conversion

Contact Janet Sanders at 303.665.0800 or jsanders@incom-direct.com.

* * * * * * * *

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

Tammi McCoy, VP, 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

* * * * * * * *



CADA BILL TRACKER


Follow the Colorado Auto Dealers Bill Tracker HERE!

CLICK HERE for a copy of SB13-265.



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.

aa

* * * * * * * *

aTO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

www.coloradodealers.org/registration
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 Marsha Temple at 303.457.5123 or marsha.temple@coloradodealers.org



Event Description
Date/Time
Location

CADA Presentation

Rotary Club of Aurora





Wednesday, April 17, 2013

12:15 p.m.

 

Doubletree Hotel
13696 E. Iliff Pl., Aurora
(corner of Iliff and I-225)

Leadership Program of the Rockies

...education and grounding for emerging leaders on the key principles of American civilization


Friday, May 10, 2013

12:00 p.m.

Oxford Hotel downtown Denver


LEADERSHIP PROGRAM OF THE ROCKIES

Friday, May 10, 2013
12:00 p.m.

Oxford Hotel downtown Denver

CADA and dealers have a first-hand opportunity to present our industry to the current class.  The Leadership Program of the Rockies provides  education and grounding for emerging leaders on the key principles of American civilization – free enterprise, the rule of law, and limited government.  Prior graduates now occupy many positions of leadership and elected offices across Colorado

* * * * * * * *



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.



ALL THE NEWS THAT'S FIT TO EMAIL!


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

To remove yourself from this list, click on this link.

 
Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO 80203
Telephone: 303.831.1722 | Facsimile: 303.831.4205
www.coloradodealers.org