October 21, 2014



Online Automotive Platform Sponsor

TITLE SPONSOR OF THE
2014 CHARITY PREVIEW PARTY

IN THIS ISSUE

a DEALER NEWS & INFORMATION

Save the Date! CADA Annual Meeting and 100th Year Anniversay Gala

Auto Industry News at a Glance

Automotive News Best Practices

Clear The Air Foundation 60 Second Video

 

SPECIAL ANNOUNCEMENTS

We Deliver Business

 

UPCOMING SEMINARS

Advertising/Telemarketing Compliance: Webinar November 6th

Designated Risk Mangement Seminar

Employee Defection:  How to Stop and Catch a Thief

Back and Materials Handling

Title Processing – Basic / Intermediate Training

KPA WEBINAR SPECIAL: Learn to Drive Your Health Care Costs Down with an Integrated Benefits Management System

Upcoming Seminars

 

ALLIED MEMBERS / ANNUAL MEMBER GOLF EVENT SPONSORSHIP ADS

Accelerated Services

Heider, Tanner & Dirks, Inc., CPA

35 Years of Raising the Standard In F&I

 

ENDORSED PROVIDER

UniFirst... The Nation's Preferred Auto Uniform Supplier

 

REGULATORY & LEGAL UPDATES

Effect of Supreme Court’s Denial of Review of Same-Sex Marriage Cases 

Unclaimed Property Reporting Reminder: November 1st

 

LEGISLATIVE UPDATE

NADA Supports Bipartisan Effort to Reform CFPB Auto Lending Guidance

CADA Bill Tracker


CALENDAR OF EVENTS

CADA Annual Meeting and 100th Anniversay Gala

Upcoming Events

 


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

CADA and Medved Chevrolet host a fundraiser for State Senator Cheri Jahn, D-Wheat Ridge

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.

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.
________

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.unifirst.com

Uniforms / Standard Workwear
________

www.wfis.wellsfargo.com

Insurance Services

 


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


aCADA Open Road is now beginning its eighth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since its first issue on
Jan. 3, 2007.


SAVE THE DATE! CADA ANNUAL MEETING AND 100th YEAR ANNIVERSARY GALA!


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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.


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


CLEAR THE AIR FOUNDATION 60 SECOND VIDEO


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ADVERTISING/TELEMARKETING COMPLIANCE: WEBINAR NOV. 6TH

The FTC has taken numerous high profile enforcement actions recently. 
“Operation Steer Clear” announced January, 2014 is the latest —
a nationwide sweep will continue to target dealers throughout the country. 

This session will provide a review of the latest, high-profile enforcement actions by the FTC, review long-standing FTC directives that are often overlooked, and highlight areas that state regulators have stated are key problems.  Dealers can expect increased enforcement at all levels in the advertising and telemarketing arenas. Other key topics / highlights include:

    THURSDAY, NOVEMBER 6, 2014 – 2:00-3:30 PM
    ONLINE WEBINAR - $139

    Denver - Tuesday, May 13 COMPLETED
    7:30am-10:00am - Breakfast included

    Colorado Springs - Tuesday, May 13 COMPLETED
    Noon-2:30pm - Lunch included


    Grand Junction - Wednesday, May 21  COMPLETED
    Noon -2:30pm - Lunch included

Presented by:FTC
Michael J. Dommermuth, Fairfield and Woods, P.C., an attorney specializing in the representation of motor vehicle dealers.  Michael has 27 years of experience representing dealers throughout Colorado.  Michael’s firm provides full service representation of motor vehicle dealers including, buy/sell agreements,  litigation, finance, franchise, manufacturer disputes, consumer disputes and related litigation, bankruptcy, dealer succession, class actions, and federal and state compliance.  Visit:  http://www.fwlaw.com/attorneys/michael-j-dommermuth

CLICK HERE to register!

* * * * * * * *

DESIGNATED RISK MANAGER SEMINAR

* * * * * * * *

BACK AND MATERIALS HANDLING

Strains due to lifting are one of the most frequent causes of injury for Pinnacol policyholders. Sixty percent of these claims involve the lower back and shoulder. Traditional approaches to controlling back injuries, such as proper lifting training and stretching programs, have not been successful
in reducing injuries. In this class, participants will learn the most effective strategies for reducing the frequency and severity of back injury claims. This class is designed for policyholders in “fixed industrial settings” such as manufacturing, warehousing and food processing.

Topics include:

  • The most high-risk job tasks for back and shoulder injuries

  • Ergonomic design principles for manual material handling
  • An evaluation of the seven common lifting techniques

  • An assessment tool to evaluate the recommended weight limits for lifting tasks


    Pinnacol Assurance
    7501 E. Lowry Blvd. Denver, CO 80230

    Wednesday, Dec. 10
    9–11 a.m.
Registration deadline is Dec. 5.

    This course is free for Pinnacol policyholders.
To register, visit www.pinnacol.com/employer/training.

* * * * * * * *

KPA WEEKLY WEBINAR: 
Covers an Environment & Safety or an HR topic each week

Wednesday October 22, 2014, 10:00 am Mountain Time
10-11am (MST)

WEBINAR SPECIAL: Learn to Drive Your Health Care Costs Down with an Integrated Benefits Management System

A complete solution for dealerships’ complex benefit and health care challenges.

Big changes have occurred in health care over the past several years, creating greater responsibility and accountability for dealers. Learn how an integrated benefits management system can help you execute the complexities of the health care laws and save money. In this webinar, KPA’s Kathryn Carlson will discuss what the KPA benefits management program can provide for you, including:

  • Comprehensive compliance services with no incremental expense.
  • Integrated payroll and benefits administration services at well below market fees.
  • Better use of health care plans and services by our client’s engaged workforce.
  • Unique carrier funding options for comprehensive wellness programs.

Click here for upcoming Human Resources webinars.

Click here for upcoming EH&S webinars.

Previously recorded webinars are also available

aa

* * * * * * * *

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

www.coloradodealers.org/registration
Event Description
Date/Time
Location

Advertising/Telemarketing Compliance: Webinar Nov. 6th

Wednesday, Nov. 6
2:00 p.m. - 4:00 p.m.


CLICK HERE to register online!

CLICK HERE for more information!

Designated Risk Manager Seminar

Wednesday, Nov. 12
9:00 a.m. - 4:00 p.m.


CLICK HERE for a registration form

Employee Defection:  How to Stop and Catch a Thief

Wednesday, Dec. 10 Breakfast Seminar


Denver CADA
290 East Speer Boulevard Denver, CO 80203

Save the Date – More information coming soon

Back and Materials Handling

Pinnacol Assurance
7501 E. Lowry Blvd. Denver, CO 80230

Wednesday, Dec. 10
9–11 a.m.
Registration deadline is Dec. 5.


This course is free for Pinnacol policyholders.


To register, CLICK HERE

Title Processing – Basic / Intermediate Training
Presented by Cindy Vieyra
Accurate Auto Title Specialists, LLC
www.cindytitles.com

Thursday, Nov. 20th
11:30 – 2:00pm
Lunch


CADA
290 East Speer Boulevard Denver, CO 80203

More details and registration info coming soon

KPA Weekly Webinar

Special Event: HR Practices Webinar for Group Dealerships


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


ACCELERATED SERVICES

* * * * * * * *

HEIDER, TANNER & DIRKS, INC. CPA

* * * * * * * *

35 YEARS OF RAISING THE STANDARD IN F&I


UNIFIRST... THE NATION'S PREFERRED AUTO UNIFORM SUPPLIER



NADA SUPPORTS BIPARTISAN EFFORT TO REFORM CFPB AUTO LENDING GUIDANCE
  
NADA is urging Congress to pass HR 5403, a bipartisan bill that nullifies the Consumer Financial Protection Bureau's (CFPB) flawed guidance on auto lending and requires more transparency and accountability from the agency on future guidance.

The new bill, "Reforming CFPB Indirect Auto Financing Guidance Act," would allow the agency to reissue its guidance under a more transparent process.

As previously reported by GADA, in March 2013, the CFPB issued guidance that threatens to eliminate the flexibility of new-car dealerships to discount the interest rate offered to consumers to finance vehicle purchases. The CFPB claims that negotiated interest rates between dealers and their customers create a significant risk of unintentional "disparate impact" discrimination. However, there are a variety of legitimate business-related factors that can affect finance rates, such as beating a competing rate.

"HR 5403 is needed because it requires the CFPB to follow a transparent process when issuing auto finance guidance," said NADA Chairman Forrest McConnell. "The bill would rescind the 2013 auto finance guidance and require public participation for future guidance before it is issued."

NADA urges dealers to contact their House members today to co-sponsor HR 5403.

Find your House representative 

View NADA brief on HR 5403 

* * * * * * * *

CADA BILL TRACKER

Follow the Colorado Auto Dealers Bill Tracker HERE!


EFFECT OF SUPREME COURT'S DENIAL OF REVIEW OF SAME-SEX MARRIAGE CASES
by Ryan Sarni, Esq. MSEC Hot Topics 10/13/2014

As many MSEC members are aware, last week the U.S. Supreme Court declined to rule on the constitutionality of state laws that prohibit same-sex marriage. The Court rejected a request to review seven total rulings from the Fourth, Seventh, and Tenth federal circuit courts of appeals on the issue. In each instance, the lower courts found that state law bans on same-sex marriage were not constitutional. However, the rulings were stayed pending potential Supreme Court action. Given that such action is not forthcoming, the lower courts’ rulings are now essentially in effect.

The impact of these decisions for employers cannot be overstated. States such as Colorado, Kansas, North Carolina, South Carolina, West Virginia, Wyoming, Virginia, Indiana, Wisconsin, Oklahoma, and Utah are now legally subject to circuit court of appeals decisions that invalidate same-sex marriage bans. Many of these states have begun issuing marriage licenses to same-sex couples.

If an employee was not previously married to a same-sex spouse in a state that recognized same-sex marriage, employers may be required to allow employees to enroll those spouses in benefits. Changes include implications for taxability of employer-sponsored health care, eligibility for health care continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA), enrollment rights pursuant to the Health Insurance Portability and Accountability Act (HIPAA), cafeteria / flex plan elections, survivor benefits, and reimbursement under flexible spending accounts.

The number of states recognizing same-sex marriages has greatly increased, and, with it, the number of potential employees who can enroll their same-sex spouses in federally regulated benefits.

For more information, visit the MSEC web site.

* * * * * * * *



A reminder that annual unclaimed property reports are due each year to the state covering unclaimed property through June 30th of that year—the report filing deadline is Nov.1st of each year.   Interest and penalties can apply; if not yet reported, submit as soon as possible.   Every business in Colorado is required to report “unclaimed property” to the state of Colorado, attempt to reach the actual owner(s), report/track these items, and ultimately turn over such funds to the state. The state Unclaimed Property staff has commented previously that almost every dealership will have some unclaimed property.  Audit risk and liabilities can extend back ten years. A few common examples include:

Due Bills and Optional Equipment, Parts and Services | Vehicle Deposits | Referral Fees | Credit Life Premium Refunds |  Accounts Payable/Accounts Receivable (Credit Balance) | Payroll (final wages or commissions)

More information can be found at: www.greatcopayback.com.  See “Holder Information” on the top menu bar for more specific information on reporting requirements. There are electronic reporting options, forms and free software available for tracking purposes. 

* * * * * * * *

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.


Event Description
Date/Time
Location

CADA Annual Meeting and 100th Anniversary Gala

Tuesday, Nov. 25

Annual Meeting:
4:00-5:30 PM

100th Anniversary Gala:
5:30-7:30 PM

Renaissance Denver Downtown City Center Hotel

918 17th Street, Denver, CO 80202

MORE INFO. COMING SOON!

 

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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.



ALL THE NEWS THAT'S FIT TO EMAIL!


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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