AUGUST 13, 2008


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

NADA Dealer Attitude Survey Goes Online

NADA Economic Impact Report for July, 2008

 

PUBLIC POLICY UPDATES

Greetings From the EEOC


REGULATORY & LEGAL UPDATES

National Association of Dealer Counsel: July Newsletter

Reminder: Colorado Emissions Requirements

 

UPCOMING SEMINARS

Next Week! *New* Red Flags Rule & Privacy/ Safeguards Re-cap

Safety Compliance Seminar

Lifeline to Profits Seminar

Salesperson Training/Personal Development


CALENDAR OF EVENTS
Upcoming Events

Next Week: Dealer Management & Leadership Summit

State Fleet Purchasing Meeting
Fall 2008 Regional Member Briefings


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Hide & Search: This Ain's No Game!

Vehichle Need to Help Crutches 4 Africa

Morehart Chevrolet/Subaru 50th Anniversary

Unique Vehicle Partnership Opportunity with Echo Mountain Ski Report

Share YOUR Accomplishments

 


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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

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

CLICK HERE for a CADA staff listing


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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 information about the
Endorsed Vendors/Programs
.

 


If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.


 

DEADLINE APPROACHING, REGISTER NOW!
Wednesday, Aug. 13 ~ 8 a.m. to 7:30 p.m.
Marriott Denver South ~
Park Meadows Drive

Speakers include:

Eric Chase, Rob Cohen, Bill Walters, Michael Dommermuth,
Nancy Ariano, Jack Tracey,
Todd Fredrickson, Mike Marshall, Chip Thomas, Tammi McCoy,
Doug Greenhaus, Evan Abbott,
Nancy Burke, Mike Coffman, John McEleney, David Campbell, Adam Beck

More information on speakers/agenda will be posted as finalized: www.coloradodealers.org/summit

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.

  • Six questions for Nancy Ariano, new chairwoman of CADA
    Rocky Mountain News, July 28
    The Colorado Automobile Dealers Association this month elected her its first chairwoman in the group's 75-year history, making her the official mouthpiece of the state's 300 car dealers.
  • US sees auto sales drop by 13 percent
    The Detroit News, August 2
    U.S. auto sales in July fell to their lowest level since 1992, a steep slide that has left Detroit's automakers holding substantially less than half of the nation's shrinking vehicle market.
  • US July auto sales spiral to 16-year low
    Reuters, August 1
    U.S. auto sales plunged to a 16-year-low in July, led by a 27 percent drop at General Motors Corp (GM - News), as high gas prices and tight credit sent the industry into a tailspin.
  • A shocking number, but not a death knell
    Detroit Free Press, August 2
    How does one begin to analyze a number as big as 15.5 BILLION DOLLARS, the size of General Motors Corp.'s loss for the three months ended June 30?
  • Auto sales drop 13 percent
    USA Today, August 1
    Major automakers reported huge sales drops in July as car buyers have a tougher time qualifying for credit and dealers' lots become increasingly depleted of smaller cars.
  • New car models may launch in 2009, says Chrysler CEO
    The Detroit News, August 1
    Chrysler LLC Chairman and CEO Robert Nardelli said the automaker is accelerating its product development cycle to meet the consumers' demands for more fuel efficient vehicles -- possibly including an unexpected model to debut next year.
  • Ford, Toyota post double-digit July U.S. sales drop
    The Detroit News, August 1
    Ford Motor Co., Chrysler LLC and Toyota Motor Sales U.S.A. each posted double-digit U.S. sales declines in July, as reports for the month began filtering in from major automakers.
  • Nissan's profit drops 43 percent on rising yen
    Associated Press, August 1
    Nissan Motor Co.'s earnings tumbled 43 percent to $505 million in the quarter ended June 30 after the Japanese automaker set aside $400 million in risk provisions for vehicles leased in the weak North American market.
  • BMW's 2Q profit slides, dumps profit forecast
    Associated Press, August 1
    German automaker BMW said its second-quarter profit slid nearly 33 percent and abandoned its yearly profit forecast Friday, blaming a drop in U.S. sales, rising costs for raw materials and the strong euro.
  • Mazda profit up on solid vehicle sales growth
    Associated Press, July 31
    Fiscal first quarter profit at Mazda, the Japanese automaker affiliated with Ford, surged to 14.98 billion yen ($140 million) -- more than sixfold net earnings a year ago -- on an accounting change and robust vehicle sales in China and Europe.
  • Losses don't reveal GM's whole story
    Detroit Free Press, August 1
    Brace yourself, Detroit, for a new batch of hideous auto industry news today, as General Motors Corp. posts its second-quarter financial results and all major automakers report another month of sickly sales figures.
  • No quick, easy fix for General Motors
    Detroit News, August 2
    Losing a numbing $15.5 billion in one quarter, as General Motors Corp. confirmed Friday, is a sure-fire way to restart the wailing.
    * * * * * * * *

NADA ECONOMIC IMPACT REPORT FOR JULY, 2008

The U.S. Congress has finally finished the bill to assist the real estate difficulties, but it may come too late to avoid a mild recession for early 2009. The economy has delivered the very modest growth that NADA expected, but in dragging out the rationalization of the real estate market, economic growth may slip into negative territory as early as the fourth quarter of 2007. A few bank failures and some new bad news on structured mortgage based products will contribute to the drag on the economy.

CLICK HERE to read the full article.

* * * * * * *

NADA DEALER ATTITUDE SURVEY GOES ONLINE

Only one day left to let YOUR voice be heard!
NADA Summer 2008 Dealer Attitude Survey ends
TOMORROW Thursday, Aug. 7.

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.

* * * * * * *

CADA forwards news articles and opinion columns of interest
through the Open Road to inform members of current e vents.
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.


GREETINGS FROM THE EEOC!
John Donovan, Fisher & Phillips LLP

Dealers across the country have been receiving letters from the EEOC pointing out that they have failed to file their EEO-1 Report (“Employer Information Report”) last year and reminding them that they are required by law to file the report by September 30 of this year and annually thereafter.  Many dealers have no idea what the EEOC is talking about.

CLICK HERE to continue reading.

________________________________________________________

If you have questions on any legislative topic, please contact:



NATIONAL ASSOCIATION OF DEALER COUNSEL: JULY NEWSLETTER

The July, 2008 Defender,includes an article on Adverse Action notices by Paul Metrey, of the NADA Regulatory Affairs department.  The full issue is included here for your reivew.  It is a publication of the National Association of Dealer Counsel.   
This is yet another example of the value of the National Association of Dealer Counsel—CADA reminds all dealerships to encourage your attorneys and outside counsel to join this valuable association. Visit the following web site for more information and how to join: http://www.dealercounsel.com/.  One of the many benefits of membership is receipt of Defender, the NADC newsletter; other key benefits include an active and extremely valuable list-serve as well as conferences containing a wealth of information for attorneys specializing in defending auto dealerships. 

The National Association of Dealer Counsel (NADC) is a nationwide professional organization of attorneys who represent automobile and other vehicle/vessel dealers.  The NADC provides a forum for members to share information, common experience, advice, help and answers to questions on manufacturer franchise issues, lemon laws, vehicle finance and regulatory complexities, insurance laws, tax laws, multiple regulatory requirements, buy sell agreements, rights of first refusal and employment laws and the many other issues facing dealers and their counsel today

NADC members find common ground at meetings, as well as through online communications. With the proliferation of legislation, questions and challenges multiply.  Members can rely on thoughtful answers, creative strategies and solid advice from colleagues who face the same issues.

* * * * * * * *

REMINDER: COLORADO EMISSIONS REQUIREMENTS!
VOUCHER OR PASSING TEST REQUIRED FOR SALES TO ANY RESIDENT RESIDING WITHIN PROGRAM AREAS.

As a reminder, Colorado dealerships are required to provide either a passing emissions test OR a voucher to consumers who reside in the enhanced emissions areas. These areas include the following counties:

  • Denver
  • Douglas
  • Jefferson
  • Boulder
  • Broomfield
  • Adams (parts)
  • Arapahoe (parts)

While Larimer, Weld, and El Paso counties were removed from prior gas-powered emissions testing requirements on Jan.1, 2007, this did not change obligation of dealers located in those counties regarding sales to consumers who still reside in the covered areas. If this statutory requirement is not met, a consumer can require a dealer to unwind the deal. 

Related articles can be found in the following issues of Open Road (see the Regulatory & Legal Updates section)

  • Oct. 24, 2007        REMINDER: COLORADO EMISSIONS REQUIREMENTS - - BASED ON WHERE CONSUMER RESIDES
  • May 7, 2008 Four-Year Emission Exempt Stickers -Reminder of Requirements

________________________________________________________

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

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.

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

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

*New* Red Flags Rule and Privacy/Safeguards Re-cap presented by Rob Cohen, Auto Advisory Services

Grand Junction

NEXT WEEK!

Mon., Aug. 11
noon to 2 p.m.
LUNCH Session

Double Tree Hotel
743 Horizon Drive,
Grand Junction, 81506
970.241.8888
- Flyer/Registration Form
- REGISTER ONLINE

*New* Red Flags Rule and Privacy/Safeguards Re-cap presented by Rob Cohen, Auto Advisory Services

Denver

NEXT WEEK!

Tues., Aug. 12
7:30 to 9:30 a.m.
BREAKFAST Session

William D. Barrow Building, CADA Offices
290 East Speer Blvd., Denver, 80203
- Flyer/Registration Form
- REGISTER ONLINE

*New* Red Flags Rule and Privacy/Safeguards Re-cap presented by Rob Cohen, Auto Advisory Services

Colorado Springs

NEXT WEEK!

Tues., Aug. 12
noon to 2 p.m.
LUNCH Session

Antlers Hilton Hotel,
4 South Cascade Ave.,
Colorado Springs, 80903 719.955.5600
- Flyer/Registration Form
*Colorado Springs dealers should register with CSADA, Ann Winslow, 719.473.1465

Safety Compliance Seminar Presented by KPA and Wells Fargo Insurance Services

Denver

TWO WEEKS

Tues., Aug. 19
7:30 to 10:30 a.m.
Breakfast included

William D. Barrow Building, CADA Offices
290 East Speer Blvd.
Phone:  303.831.1722
- Flyer/Registration Form
- REGISTER ONLINE

Safety Compliance Seminar Presented by KPA and Wells Fargo Insurance Services

Glenwood Springs

TWO WEEKS

Wed., Aug. 20
Noon to 3 p.m.
Lunch included

Hotel Colorado
526 Pine Street, Glenwood Springs, 81601
Phone:  800.544.3998
- Flyer/Registration Form
- REGISTER ONLINE

Safety Compliance Seminar Presented by KPA and Wells Fargo Insurance Services

Durango

TWO WEEKS

Thurs., Aug. 21
Noon to 3 p.m.
Lunch Included

Doubletree Hotel
501 Camino del Rio, Durango, 81301
Phone:  970.382.3913
- Flyer/Registration Form
- REGISTER ONLINE

Safety Compliance Seminar Presented by KPA and Wells Fargo Insurance Services

Colorado Springs

TWO WEEKS

Thurs., Sept. 18
Noon to 3 p.m.
Lunch included

Antlers Hilton Hotel, 4 South Cascade Ave., Colorado Springs,  80903, 719.955.5600
- Flyer/Registration Form
*Colorado Springs dealers should register with CSADA, Ann Winslow, 719.473.1465 or abwinslow@comcast.net

Salesperson Training/Personal Development by Chip Thomas

Oct. 14-15
Course offered twice; one-day each
More details coming soon!

Lifeline to Profits Seminar

Thurs., Oct. 16 to Fri., Oct. 17
8 a.m. to 5:30 p.m.
Meals provided for each day

William D. Barrow Building, CADA Offices
290 East Speer Blvd., Denver, 80203
- Flyer/Registration Form
- REGISTER ONLINE

* * * * * * * *

NEXT WEEK! *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.

CLICK HERE for more information
on this
training session.

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.

* * * * * * * *

SAFETY COMPLIANCE SEMINAR

Workers Compensation and Environmental Health and Safety

Keep your employees safe AND reduce costs 
Review the latest compliance changes, presented by CADA endorsed providers: Wells Fargo Insurance Services and KPA

Part I –Workers Compensation – New Compliance Issues and Best Practices (1.5 hours)

  • Recent changes to Colorado's Workers' Compensation laws have impacted most employers’ ability to maintain control of their claims.
  • Learn what your dealership must do to be in compliance with the law and still effectively manage your claims.
  • Learn about the most frequent and costly workplace accidents and how to prevent them.
  • Attendees will take away proven techniques and resources to protect their employees from disabling accident
  • Keep your workers safe and ensure legal compliance
  • Learn how to improve your dealership profitability by lowering your total cost of risk.

Part II – Environment Health and Safety:  Small Investment. 
Big Return, KPA
(1.5 hours)

  • Safety and environmental compliance: EPA, OSHA, DOT, and more.   
  • Key topics to be covered
  • Hybrid Safety
  • The importance of Hazmat certification
  • Common Environmental Health and Safety (EHS) mistakes and the fines that can ensue
  • Safety Committees and their critical role in dealership
  • Examples of return on your investment in EHS

NADA Publication provided in handouts:
The Federal Hazmat Transportation Regulations (L37, 3rd edition 5/1/2008) An overview of dealership and hazmat employee responsibilities under the federal hazardous materials transportation law, including reference to classification, training, packaging, and other requirements. [Topics: Hazmat, HMR, OSHA, Hazcom, EPA, TDGR, NOMs, ICAO, IMDG, hazard communication, labeling, placarding, packaging, toxic, explosive, environment, flammable, radioactive, corrosive].   $30 value.

CLICK HERE for more information
on this
training session.

* * * * * * * *

SALESPERSON TRAINING/PERSONAL DEVELOPMENT

Oct. 14-15, 2008
Course offered twice; one-day each

Chip Thomas has received rave reviews providing salesperson training for other auto dealer associations across the U.S. Mark your calendar for this training event that will be offered twice in October.

More details coming soon!

* * * * * * * *

LIFELINE TO PROFITS SEMINAR

Thurs., Oct. 16 to Fri., Oct. 17
from 8 a.m. to 5:30 p.m.

In this intensive, two-day workshop, you will go through every aspect of your operation, taking a candid look at your dealership to develop a detailed action plan to implement within your store to achieve your dealership’s full profit potential. You'll leave this hands-on training with answers to the following questions:

  • Can I enhance and improve the performance of my dealership?
  • How do I effectively analyze my current dealership operations?
  • What's the best way to identify opportunities for change?
  • What steps do I take to fully capitalize on these new opportunities?
  • How do I tailor a plan specifically for my dealership?
  • What's the most efficient way to put my plan into action?

The NADA 20 Group program is providing industry-leading trainers to conduct the workshop. Each of the trainers has retail experience and will offer critical insight to help your dealership. You will take home a practical action plan specifically designed for YOUR dealership.

CLICK HERE for more information
on this
training session.

STATE FLEET PURCHASING MEETING NEXT WEEK!

Colorado State Purchasing Office along with Colorado State Fleet Management wants to announce that we will be holding an informational meeting August 14, 2008. The agenda for this meeting will be to discuss the 2009 Model Year Fleet Vehicle Solicitation. This solicitation will ultimately result in Price Agreements with various automotive dealers for the State of Colorado.

CLICK HERE for more information.
Event Description
Date/Time
Location

State Fleet Purchasing Meeting for the State of Colorado

NEXT WEEK!

Thurs., Aug. 14
9 a.m. to noon

State of Colorado
State Purchasing Office
633 17th Street
2nd floor conference room Denver, CO 80202

* * * * * * * *

Event Description
Date/Time
Location

Dealer Management & Leadership Summit
- Invitation
- Speakers and Topics
- Registration Form

NEXT WEEK!

Wed., Aug. 13
8 a.m. to
7:30 p.m.

Marriott Denver South at Park Meadows Drive (I-25 and Lincoln in Douglas County)
More information on speakers/agenda will be posted online as finalized: www.coloradodealers.org/summit

State Fleet Purchasing Meeting for the State of Colorado

NEXT WEEK!

Thurs., Aug. 14
9 a.m. to noon

State of Colorado
State Purchasing Office
633 17th Street
2nd floor conference room
Denver, CO 80202

CADA Annual Member Golf Event Mon., Sept. 8

Columbine Country Club
17 Fairway Lane
Columbine Valley, 80123
www.coloradodealers.org/golfevent

CADA Regional Member Briefings

- FULL LIST of location dates and times

Eleven meetings for dealers across Colorado

For more information www.coloradodealers.org/regionals
Attendees can register through CADA via Phone: 303.831.1722, FAX: 303.831.9100, or E-mail: rsvp@coloradodealers.org
* Please note different RSVP
for Colorado Springs and
Pueblo meetings. 


HIDE & SEARCH: THIS AIN'T NO GAME!
Provided by Aimee Romero, Dealerskins

Search Engine Marketing (SEM) is as necessary as it is evil.   Okay, so it’s not evil, but it sure can be confusing sometimes.   The keys to search success seem to be hidden under mounds of information.  There are a lot of things to remember if you want to effectively use SEM.  I’ve written before about monkey wrenches in the SEM machine.  Let’s recap.

CLICK HERE for the complete article.

* * * * * * * *

VEHICLE NEEDED TO HELP CRUTCHES 4 AFRICA!

Crutches4Africa.org is a non profit orginazation that recycles aluminum and wooden crutches by taking them to needy africans and giving them away. They have a trailer to collect and move them but are in need of a vehicle to tow it.

Crutches4Africa can write a receipt for tax deductions!

If you or anyone you know can help, please contact:

Candice Talbot

284 S. Franklin St. Denver, CO 80209

303.777.5285

TALBOTPHOTO@COMCAST.NET.

* * * * * * * *

MOREHART CHEVROLET/SUBARU 50TH ANNIVERSARY!

Morehart Chevrolet/Subaru invites you to join us in celebrating our 50th Anniversary!

When:  Thursday, August 21, 2008  5:30p-8:30p

Where: Morehart Chevrolet/Subaru 31 Parker Avenue, Bodo Auto Park, Durango CO

RSVP:  Erin at 970.247.2121 or erin@morehart.net by 08/15/2008
970.247.2121

CLICK HERE to view the invitation.

* * * * * * * *

UNIQUE VEHICLE PARTNERSHIP OPPORTUNITY WITH ECHO MOUNTAIN SKI RESORT!

Echo Mountain Ski Resort is looking for a vehicle partnership for the 2008/2009 and 2009/2010 ski and ride seasons. They are interested in a cash/vehicle lease combination with the vehicles acting as billboards for advertising and promotion. The sponsorship will be tailored to the dealership and will include the following:

  • name and logo exclusivity on two “echomobiles”
  • vehicles at more than 100 events in metro area
  • inclusion on direct mail pieces
  • inclusion on e-mail blasts
  • special season pass/lift ticket offer for test drive/purchase
  • one signature event/competition
  • lift tower branding
  • on-mountain signage
  • collateral branding
  • online and viral marketing partner
  • echoTV feature

If you are interested in learning more about this opportunity, please contact Jess Harvat, Echo Mountain Sales and Marketing Manager, Phone 720-226-0636 x117, jharvat@echomt.com

* * * * * * *

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.

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