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Listed here are several articles pertaining to the auto industry in general that appeared recently in newspapers and other media outlets across the nation.
The FTC announced today that it had (i) finalized its January 2016 proposed consent orders with General Motors, Lithia Motors and Jim Koons Management Company to resolve allegations of deceptive advertising related to used vehicles that are subject to open safety recalls and (ii) entered into proposed consent orders with CarMax, Asbury Motor Group and West-Herr Automotive Group to resolve similar allegations. Among other provisions, the finalized and proposed consent orders generally prohibit the dealers from stating or implying that used vehicles they offer for sale are safe, have been repaired for safety issues or have been subject to a rigorous inspection unless (i) the vehicles are not subject to an open safety recall or (ii) the dealer clearly and conspicuously discloses – in close proximity to the representation – any material qualifying information related to open safety recalls, including (a) the fact that advertised vehicles may be subject to open safety recalls and (b) how consumers can determine a used vehicle's recall status. In addition, prior to the consummation of the sale, the dealers must provide to the purchaser any written notification that they have received from a manufacturer that the motor vehicle is subject to an open safety recall or they must provide a document that conveys the same information in a substantially similar format. (Two of the proposed consent orders also permit an alternative type of written notice.) Further, the dealers may not misrepresent whether there is or is not an open safety recall on any used vehicle, whether they repair used vehicles for open safety recalls or any other material fact about the safety or recall status of used vehicles they offer for sale.
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If you have questions on any legal or regulatory topic, please contact:
Tammi McCoy, VP, email@example.com, 303.282.1449
Tim Jackson, President, firstname.lastname@example.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.
If you have a particular area of interest or would like to suggest a training seminar topic, please contact Trainor Walsh 303.457.5115 or e-mail Trainor.Walsh@colorado.auto
Federated Insurance’s “Claim of the Month” – Could it happen to you?
A sales rep drove a high-end demo home. That evening, she took friends out for dinner and drinks. On the way home, she caused an accident that resulted in two serious injuries, and the death of a single mother of three.
What policies are in place to help prevent this from happening at your dealership? Do you know who’s driving your vehicles? Federated Insurance recommends several best practices to help protect your business and manage risks; for example,
These are just a few loss control recommendations you can use to help protect your dealership. To learn more, contact your local Federated Insurance representative and request a copy of our Auto Dealer “Keys to Success” risk management education materials. Federated Insurance is recommended by 19 state and national auto dealer associations just like yours for customized insurance programs and value-added risk management services, such as Federated’s Shield Network®, the Risk Management Resource Center, and the Federated Employment Practices Network®. Visit www.federatedinsurance.com to discover resources you can use to create or ramp up your own risk management program.
Federated Mutual Insurance Company • Federated Service Insurance Company* • Federated Life Insurance Company Owatonna, Minnesota 55060 • Phone: (507) 455-5200 • www.federatedinsurance.com *Not licensed in the states of NH, NJ, and VT.
This article is for general information regarding risk prevention and should not be considered legal advice. The claim example is only a basis for discussion and illustrates only one possible scenario. Coverage for actual claims will be determined solely by individual policy terms and facts of the claim. The recommendations presented are not guaranteed to reduce or eliminate any risk of loss. Seek qualified counsel regarding questions specific to your circumstances. © 2015 Federated Mutual Insurance Company.
Federated Insurance specializes in general liability/business insurance for selected industries, including auto dealers. CADA members interested in more information, contact Mike Russell, Senior Account Executive, Cell: 480.216.5445 or email@example.com
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