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JUNE 25, 2008
IN THIS ISSUE
 DEALER NEWS & INFORMATION
– CADA Launches NEW Website
– Automotive News at a Glance
– NADA Dealer Attitude Survey Goes Online
PUBLIC POLICY UPDATES
– The Union Push to Organize Dealerships - And Pass Harmful Legislation
REGULATORY & LEGAL UPDATES
– Title Processing News/Updates
– REMINDER: Licensing/Permit Fee Increases Effective July 1, 2008
UPCOMING SEMINARS
– F&I Compliance Training
– *New* Red Flags Rule & Privacy/ Safeguards Re-cap
CALENDAR OF EVENTS
– Upcoming Events
– Fall 2008 Regional Member Briefings
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
– Dealerslink Launches Version 2.7
– Share YOUR Accomplishments
ARCHIVES
CLICK HERE for Open Road
e-newsletter archives.
CLICK HERE for 2008 Regulatory
& Legal Articles from the Open
Road e-newsletter.
CLICK HERE for 2007 Regulatory
& Legal Articles from the Open
Road e-newsletter.
CLICK HERE for Bulletin archives.
CLICK HERE for Colorado Auto
Outlook archives.
CLICK HERE for Denver 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.
www.nada.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.
CADA STAFF
President
Tim Jackson
tim.jackson@coloradodealers.org
303.282.1448
Vice President
Tammi McCoy
tammi.mccoy@coloradodealers.org
303.282.1449
Vice President -
Public Policy & Communications
Nancy J. Burke
nancy.burke@coloradodealers.org
303.457.5115
Bond Coordinator
Linda Toteve
linda.toteve@coloradodealers.org
303.457.5122
F&I Resource Center -
Manager
Chad Julius
chad.julius@coloradodealers.org
303.457.5119
Insurance Services -
Account Manager
Deb Lay
deb.lay@coloradodealers.org
303.282.1453
Insurance Services -
Account Manager
Bob Kogel
bob.kogel@coloradodealers.org
303.282.1457
Executive Assistant/Member
Resources Coordinator
Lauren Stadler
lauren.stadler@coloradodealers.org
303.457.5123
Services Coordinator
George Billings
george.billings@coloradodealers.org
303.457.5117
If you have questions
or suggestions regarding this
e-newsletter, please
contact Nancy Burke at
nancy.burke@coloradodealers.org
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ENDORSED VENDOR/PROGRAMS
CLICK HERE for a list of current
Endorsed Vendors/Programs.
Click on any of the logos below to
to go directly to a vendor's webpage.
Formerly Commercial
Lighting and Electric
REYNOLDS AND REYNOLDS
Merchant Services
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If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.
CADA LAUNCHES NEW WEBSITE
CADA is pleased to announce the
launch of our new website at
www.coloradodealers.org
We trust you will find this site to be user-friendly, informative, and beneficial. All prior staff e-mails will continue to work during a transition period; however, the new email format will be as follows: firstname.lastname@coloradodealers.org. Please update your contact information and visit our new URL often as we will continue to add new features and content.
If you have questions or comments, please contact Tammi McCoy at 303.282.1449 or tammi.mccoy@coloradodealers.org.
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 AUTOMOTIVE 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.
- 2 lawmakers rally for renewable fuels
9News.com, June 16
Two Colorado Congressmen say the country needs more encouragement in  switching over to renewable fuels.
- EPA's draft raises mpg
The Detroit News, June 19
The Environmental Protection Agency says in a draft regulation that automakers could improve fuel efficiency standards to as high as a fleet-wide average of 38.3 miles per gallon by 2020.
- Detroit automakers credit ratings teeter on edge
The Detroit News, June 21
General Motors Corp., Ford Motor Co. and Chrysler LLC credit ratings may be lowered by Standard & Poor's as higher gas prices inflict "financial damage" on the auto industry.
- The real oil failure
New York Post, June 21
Denouncing the "failed policies of the past" has become the Democratic Party catechism. Yet Democrats didn't applaud this week when President Bush changed his long-held position on offshore drilling.
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NADA DEALER ATTITUDE SURVEY GOES ONLINE
The NADA Dealer Attitude Survey (DAS) is now going to be collected and managed exclusively on line. Under the new system, NADA will no longer  mail paper surveys to dealers. The move to online-only will significantly speed up survey processing time and allow NADA Industry Relations to report the results of face-to-face DAS meetings with manufacturers back to the dealers who completed the survey.
“The online-only methodology allows us to provide important and timely information to dealers in a manner that previously was not possible” noted Michael Regan, NADA’s VP of Industry Affairs.
NADA has designed a new full-service DAS website at www.nadasurvey.com to facilitate the move to online-only. CLICK HERE for more details.
 SAVE THE DATE!
Dealer Management
and Leadership Summit
Wednesday, August 13 ~ 8 a.m. to 7:30 p.m.
Marriott Denver South ~ Park Meadows Drive
John McEnerney, NADA Chairman for 2009, will be a dinner speaker at the 2008 Summit . Other speakers and informational programs are in the works. More information on speakers/agenda will be posted as finalized: www.coloradodealers.org/summit |
CADA forwards news articles and opinion columns of interest
through the Open Road to inform members of current events.
These in no way reflect the views, opinions, and/or positions
of CADA or its member dealers. They are sent for
informational and educational purposes only. |
THE UNION PUSH TO ORGANIZE DEALERSHIPS – AND PASS HARMFUL LEGISLATION
By Joe Gagnon, Fisher & Phillips LLP 
Organized labor’s efforts to unionize auto dealerships continue unabated. Now federal legislative changes loom on the horizon which, if enacted, will significantly increase the number of successful unionization efforts. Regardless of whether these changes are implemented, dealerships should consider implementing an updated pre-campaign strategy designed to anticipate and adapt to labor’s evolving unionization efforts.
CLICK HERE to read the entire article.
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If you have questions on any legislative topic, please contact:
TITLE PROCESSING: JULY SALES TAX CHANGES
The Colorado Department of Revenue (DOR) Tax Division
has posted Sales Tax Changes Effective July 1, 2008
A reminder on tax rate CHANGES AND UPDATES:
On Jan. 1 and July 1 of each year, many sales and use tax rate changes take place. In advance of these dates, title processing staff should begin checking the resources available on the state web site or checking with local cites/counties for any rate changes to be prepared to charge and collect the appropriate taxes and rates (even before that information may make its way to the electronic databases for home-rule localities):
- Two to three weeks before these dates, go to the Colorado DOR Tax Division main web page at: www.TaxColorado.com
- On that page, see the "Looking for..." section in the middle of the page
- Look for the link "Tax Rate Changes Effective" (Jan. 1 or July 1 of each year).
The following document summarizes all sales/use taxes rates, and is typically updated shortly after the January and July 1 effective dates.
Select the prior Open Road issue dates below for articles with more information about how to access the state-certified tax look-up databases—and the importance of doing so:
- Jan. 9, 2008: Tax lookup by address: recap of Available Options (third party providers)
- March 26, 2008: Use a State-Certified Tax Database for Sales Tax Information and Retain Proof (“hold harmless” provisions)
- April 2, 2008: GROUP1 Tax Locator Database Guidance (details on the report to print/retain for tax audit proof)
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REMINDER: LICENSING/PERMIT FEE INCREASES EFFECTIVE JULY 1, 2008
A reminder that the Motor Vehicle Dealer Board (MVDB) approved fee increases for dealer and salesperson licensing, renewal and permit fees. The new fee amounts are effective July 1, 2008.
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If you have questions on any legal or regulatory topic, please contact:
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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. |
F&I COMPLIANCE TRAINING
Compliance is a MUST in your F&I Department; don’t let your dealership be a lawsuit-waiting-to-happen!
- This presentation will cover the F&I legal issues about which every dealership MUST be knowledgeable
- Plaintiff attorneys and government regulators continue to successfully sue dealers locally and across the country.
Topics to be covered include the following:
- Red flags rule requirements
- Adverse action notices (even credit discussions can trigger)
- OFAC Reporting – Do you have a written program?
- How to handle negative equity
- New state forms/requirements
- Record retention rules
- Proper sale of backend products
- Payment packing
- Proper treatment of bank acquisition fees
- D&H fee class actions
- Colorado GAP requirements
- Used car buyers guide; what you probably don’t know
- Advertising hot buttons
- F&I Best Practices
- Who’s getting sued and why
- Update on various state and federal law changes that impact your F&I department
- PLUS more—all with REAL WORLD examples!
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CLICK HERE for more information
on this training session. |
| Event Description |
Date/Time |
Location |
F&I Compliance Training presented by Shawn D. Mercer, Myers & Fuller, P.A.
Montrose |
Wednesday,
July 23
7:30 to 11:30 a.m.
BREAKFAST Session |
Holiday Inn Express
1391 S. Townsend Ave.
970.240.1800
CLICK HERE to register for this event location. |
F&I Compliance Training presented by Shawn D. Mercer, Myers & Fuller, P.A.
Denver |
Thursday,
July 24
7:30 to 11:30 a.m.
BREAKFAST Session |
William D. Barrow Building, CADA Offices
290 East Speer Blvd.
CLICK HERE to register for this event location. |
F&I Compliance Training presented by Shawn D. Mercer, Myers & Fuller, P.A.
Fort Morgan |
Thursday,
July 24
2 to 6 p.m.
DINNER Session |
Comfort Inn
1417 Barlow Road
970.867.6700
CLICK HERE to register for this event location. |
F&I Compliance Training presented by Shawn D. Mercer, Myers & Fuller, P.A.
Colorado Springs |
Friday,
July 25
7:30 to 11:30 a.m.
BREAKFAST Session |
Antlers Hilton Hotel,
4 South Cascade Ave.,
Colorado Springs, 80903 719.955.5600
*Colorado Springs dealers should register with CSADA, Ann Winslow, 719.473.1465 |
 About the Presenter: Shawn D. Mercer is a partner in the Myers & Fuller, P.A. law firm, www.dealerlawyer.com. His national practice is devoted solely to representing motor vehicle dealers, and he regularly works with dealers to address F&I matters, advertising compliance and consumer complaints. Mr. Mercer regularly represents dealers in disputes with manufacturers and consumers in mediations, arbitration proceedings and in state and federal court.
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*NEW* RED FLAGS RULE COMPLIANCE SEMINAR:
PLUS: PRIVACY/SAFEGUARDS RE-CAP
Rob Cohen, auto industry compliance expert, will provide in-depth training on the new RED FLAGS rule
and a re-cap on Privacy/Safeguards Rules
Make sure you are aware of
these
NEW compliance obligations:
Generally, the new regulations require automobile dealers to:
- Create and implement a written Identity Theft Protection Program with procedures designed to detect and respond to “red flags” indicating potential identity theft.
- Periodically review and update the written program to reflect changing risks.
- Train responsible staff members to follow the program.
- Oversee service providers (i.e., third party vendors).
- Involve senior management or owner(s) in approving the program and its administration.
- Prepare annual reports for senior management or owner(s).
Attendees will receive practical, step-by-step instruction on how to create and roll-out a Red Flags Program at your dealership.
Mandatory compliance date of Nov. 1, 2008
PLUS: Re-Cap of Safeguards and Privacy Rules: Dealers must have a Safeguards Program Coordinator, conduct a risk assessment, implement written safeguards to control risks, oversee service providers, and re-evaluate periodically.
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CLICK HERE for more information
on this training session. |
| Event Description |
Date/Time |
Location |
*New* Red Flags Rule and Privacy/Safeguards Re-cap presented by Rob Cohen, Auto Advisory Services
Grand Junction |
Monday,
Aug. 11
noon to 2 p.m.
LUNCH Session |
Double Tree Hotel
743 Horizon Drive,
Grand Junction, CO 81506
970.241.8888
CLICK HERE to register for this event. |
*New* Red Flags Rule and Privacy/Safeguards Re-cap presented by Rob Cohen, Auto Advisory Services
Denver |
Tuesday,
Aug. 12
7:30 to 9:30 a.m.
BREAKFAST Session |
William D. Barrow Building, CADA Offices
290 East Speer Blvd., Denver
CLICK HERE to register for this event. |
*New* Red Flags Rule and Privacy/Safeguards Re-cap presented by Rob Cohen, Auto Advisory Services
Colorado Springs |
Tuesday,
Aug. 12
noon to 2 p.m.
LUNCH Session |
Antlers Hilton Hotel,
4 South Cascade Ave.,
Colorado Springs, 80903 719.955.5600
*Colorado Springs dealers should register with CSADA, Ann Winslow, 719.473.1465 |
 About the Presenter: Rob Cohen, Esq., President of Auto Advisory Services, is a sought-after speaker and trainer on a wide range of dealership sales and finance topics. Auto Advisory Services (AAS) has been providing assistance to automobile dealers since 1975. With over 550 dealership clients, AAS is the leader in dealership compliance issues.
Discount product offer to seminar attendees: AAS’s Information Safeguards and Identity Theft Manual is an in-depth tool for dealership compliance with the FTC’s Safeguard Rule and ID theft compliance and prevention. A new Red Flags Supplement is included as well. Over 1,500 copies have been sold nationwide. This “turn-key” manual makes implementing a dealership safeguards and ID theft program easy. It is regularly $325, but will be available for order at $199/copy at this seminar. See www.autoadvisory.com for more information.
DEALERSLINK LAUNCHES VERSION 2.7
Dealerslink, a CADA-allied member, is pleased to announce the launch of Dealerslink Version 2.7. Uncertainty in the auto market adn the rise in gas prices have caused a drop in consumer traffic. This makes it even more critical than ever that dealers position themselves to satisfy the needs of customers. With 11,000 available units, Dealerslink expands your pool of inventory, reduces the need for flooring and lessens auction costs.
In response to the feedback they have received, Dealerslink has added some new online features, as well as exhancing some of its exhisting tools, including:
- the option to publish "Want Ads" to the network, signalining you are looking for a specific unit
- a "Water Report" that automatically updates inventory values with each new book release
- the addition of Year/Make/Model drill down for MMR, KBB, Black Book and MSRP values
- improved saved book-outs, allowing for segredation of units from customer appraisals
For more information, CLICK HERE to visit the Dealerslink website.
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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.
If you want to be added to our mailing list, please CLICK HERE.
To remove yourself from this list, click on this link.
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TO REGISTER ONLINE FOR ANY CADA