December 10, 2013



Online Automotive Platform Sponsor

TITLE SPONSOR OF THE
2013 CHARITY PREVIEW PARTY

IN THIS ISSUE

a DEALER NEWS & INFORMATION

Second OSHA Compliance Seminar Added! Wed., Dec. 11th

Help Crush 1K Old, High-polluting Cars by End of 2013

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

FCC Makes Important Changes to TCPA Rules, Guest article by attorney Michael Charapp

 

SERVICES & PROGRAMS

KPA Selected as Training Provider for the Automotive Lift Institute’s New Online Safety Training

 

LEGISLATIVE UPDATE

CADA Bill Tracker

 

UPCOMING SEMINARS

OSHA Compliance & Safety Seminar

KPA Weekly Webinar

Upcoming Seminars


CALENDAR OF EVENTS

NADA Convention & Expo

Upcoming Events


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Let Us Know About Your Accomplishments!

 

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.

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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.


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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.
________

American Fidelity Assurance Company
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.


NEXT WEEK!

SECOND OSHA COMPLIANCE SEMINAR ADDED! WED., DEC. 11TH
Ready for an OSHA inspection? Colorado dealers being targeted!

“This session was so informative about what OSHA is targeting and how to be compliant, and even more important, how to keep our guys safe!  I also am much more prepared to handle the situation if/when an OSHA auditor shows up at the store.  The insights offered on the typical audit and tips to manage it will be valuable when ‘my time comes.’”   

~ Jim Thurman, Service Director, Ralph Schomp Honda
(attendee at the Oct. session)

  • OSHA is actively targeting dealerships under special enforcement programs—one of which targets Colorado
  • Initial focus of audits is lift safety – annual inspection, training requirements, and record-keeping; but other key OSHA mandates are then reviewed as well

* * * * * * * *

HELP CRUSH 1K OLD, HIGH-POLLUTING CARS BY END OF 2013
Thanks to the donations of Colorado new car dealers, the Clear the Air Foundation has crushed and recycled 835 old, high-polluting vehicles. Now the goal of taking a total of 1,000 dirty, high-emitting cars off the road by end of 2013 is within reach.

The Clear the Air Foundation is challenging Colorado’s new car dealers to Crush 1K in the next 36 days. That requires 165 more donated old vehicles by December 31.

Created by the Colorado Automobile Dealers Association, the Clear the Air Foundation reduces pollution by taking old, high-emitting vehicles off the road and sending them to auto recyclers. Proceeds will fund automotive scholarships.

Just set aside low-value cars you’ve received as trade-ins and contact Clear the Air Foundation Program Coordinator George Billings at 303-775-8896 or george.billings@coloradodealers.org.

This campaign is a great opportunity to highlight Colorado auto dealers’ commitment to a healthy and beautiful state.  Please donate old vehicles before the year ends so we can surpass the Crush 1K goal.

* * * * * * * *


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.



FCC MAKES IMPORTANT CHANGES TO TCPA RULES
By Michael Charapp, Charapp & Weiss, LLP
- Key excerpts below -

Congress 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 and collect damages against telemarketers for violations.

Plaintiff attorneys are fans of the TCPA. The statute provides for strict liability. A violation is easy to document, and the statute provides for actual or statutory damages from $500 to $1,500 for each violation. Courts have regularly authorized class action lawsuits, and plaintiff attorneys have reached multi-million dollar settlements, the largest of which is $32.5 million against a major banking institution.
. . .

Effective October 16, 2013, the FCC amended its rules. Dealers should understand these important changes.
. . .

Why must dealers be concerned?Most dealers do not use pre-recorded messages in telemarketing calls. However, dealer business development centers often use automatic telephone dialing systems to make outgoing business solicitation calls. Some dealers may use pre-recorded messages to advise customers of service appointments or the status of their vehicle in for service.  Although these pre-recorded messages may be made to residential landlines, they may not be made to cell phones under the amended TCPA rules without “prior express consent” with conflicting court decisions about what that means.  Consequently, a cautious dealer will want to have prior express written consent. 

The following chart describes what a dealer may do under the amended rules. If a category is labeled “No”, a call should not be made without prior express written consent.

 

Cell

Landline

Auto-dialed calls

NO

YES*

Pre-recorded message

NO

No calls for Telemarketing or containing advertisements; purely informational calls appear to be allowed

Live telemarketing calls

YES provided calls are not auto-dialed*

YES*

Live information calls

YES, provided calls are not auto dialed.

YES

*Businesses must still check and comply with the Do-Not-Call Rule

. . .

Under the rules, text messages are subject to the same requirements as calls. Texts that are created by a method other than being manually punched, even when informational, can be problematic. Therefore, a dealer should consider getting prior express written consent for texts as well as for calls.

CLICK HERE for the complete article.   

Michael Charapp is an attorney with the McLean, VA firm of Charapp & Weiss, LLP, www.cwattorneys.com. The firm specializes in representing auto dealers and dealer trade associations.

Mr. Charapp is also the co-author of Auto Dealer Law (ADL).  The Definitive Legal Guide to the Purchase, Sale, and Operation of Vehicle Dealerships.  ADL covers federal compliance & general legal issues – and is a complement to the CADA state Dealer Compliance Guide.  Purchase your copy of this invaluable resource!  CADA still has a few copies for sale at a group discount.  Click here for an order form and more details.   Purchase also includes a Quarterly newsletter and one-year subscription to the web site, including updatable forms and policies.  

* * * * * * * *

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




KPA SELECTED AS TRAINING PROVIDER FOR THE AUTOMOTIVE LIFT INSTITUTE'S NEW ONLINE SAFETY TRAINING

KPA, a national dealer services company, brings ALI’s new automotive lift safety
training online as the latest safety solution for automotive service professionals. 

Lafayette, CO (November 5, 2013) KPA has been selected to provide the Automotive Lift Institute’s (ALI) new online lift safety training, Lifting it Right: 2014 Online Edition. The course was developed in response to increased regulatory oversight by the Occupational Safety and Health Administration (OSHA) surrounding automotive lift safety. The updated course helps promote safer behaviors through improved content, an engaging delivery method, and real-life examples. Companies can rely on this training to reduce av oidable accidents and protect their operations from citations. Training is tracked online and a certificate is issued for each employee upon course completion.

Lifting it Right: 2014 Online Edition includes:

  • Updated ALI content: the automotive lift training offers questions that compel employees to think about their lift safety habits and provides takeaway resources that will be mailed to users and referred to on the job.
  • Improved engagement through interaction: the lift training is an interactive experience.  User’s test their knowledge throughout the course before completing a final assessment at course completion.
  • Real life examples: the training includes scenarios that evaluate comprehension and adjust terms to improve individual retention by employees.
  • Online records management: completion certificates are available on demand. Records are retained in one easy to access place.
  • Certificate of completion: compliance is documented by training records from ALI.

With OSHA instituting local emphasis programs (LEP) on lift safety in several states, the need for this updated course is paramount. Lifting it Right: 2014 Online Edition will be available in January 2014 via www.autolift.org. Learn more about ALI and KPA’s Lifting it Right: 2014 Online Edition here.To be notified of when the program goes live, visit www.autolift.org/subscribe.php.

CLICK HERE for the full press release. 

Interested in learning more about KPA? Visit www.kpaonline.com/contactus to schedule a call with an account executive or call 866.356.1735. You may also contact Polly Penna, Field Services Director, CADA, Polly.penna@coloradodealers.org, Cell: 303.945.6426.

Related information: See CADA’s upcoming seminar for the OSHA Compliance and Safety Seminar– also presented by KPA – covering additional requirements regarding lift safety (inspections, record-keeping, etc.), other key OSHA requirements, and how to handle an audit.     


a

CADA BILL TRACKER

Follow the Colorado Auto Dealers Bill Tracker HERE!

CLICK HERE for a copy of SB13-265.




OSHA COMPLIANCE & SAFETY SEMINAR
Ready for an OSHA inspection? Colorado dealers being targeted!

“This session was so informative about what OSHA is targeting and how to be compliant, and even more important, how to keep our guys safe!  I also am much more prepared to handle the situation if/when an OSHA auditor shows up at the store.  The insights offered on the typical audit and tips to manage it will be valuable when ‘my time comes.’”   

~ Jim Thurman, Service Director, Ralph Schomp Honda
(attendee at the Oct. session)

  • OSHA is actively targeting dealerships under special enforcement programs—one of which targets Region 8 (includes Colorado): 

    • Initial focus of audits is lift safety – annual inspection, training requirements, and record-keeping; but other key OSHA mandates are then reviewed as well
  • Avoid fines and penalties—and above all keep your employees safe!
  • *BONUS*: Seminar approved by Pinnacol toward the two-seminar annual training requirement for 
those participating in the CADA Workers Compensation Dividend Program. 


Wed., Dec. 11th

(Lunch provided)

11:30am-1:00pm, by KPA: OSHA Compliance and Lift Safety
1:00-1:30pm, by Wells Fargo Insurance Services: Workers’ Compensation updates

CLICK HERE to register!

William D. Barrow Building
CADA, Media Center
290 East Speer Blvd
Denver, CO 80203
Phone: 303.831.1722

aKPA Environment & Safety provides on-site, complete OSHA safety compliancemanagement and environmental compliance services, including regularly-scheduled facility inspections, employee training, and formal Safety Committee meetings. This includes on-call, around-the-clock support for incidents, and an online safety and 
compliance tracking and measurement system. In 2012, KPA’s engineers delivered over 12,000 Environment & Safety inspections to over 3,800 dealerships and service companies.

* * * * * * * *

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

OSHA Compliance & Safety Seminar

Denver

Wed., Dec. 11th
(Lunch provided)


11:30am-1:00pm
by KPA: OSHA Compliance and Lift Safety

1:00-1:30pm
by Wells Fargo Insurance Services: Workers’ Compensation updates

William D. Barrow Building
CADA, Media Center
290 East Speer Blvd
Denver, CO 80203
Phone: 303.831.1722

CLICK HERE to register!


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

NADA Convention and Expo

January 24-27, 2014

New Orleans

Register online:
nadaconvention.org


NADA CONVENTION & EXPO


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