SEPTEMBER 2, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

Reminder: FTC Amendments Regarding Pre-Recorded Calls Effective September 1, 2009

Sales/Use Tax Database Accuracy and Accessibility Survey - We Need YOUR Assistance!

Wrapping Up Cash For Clunkers (CARS)

 

LEGISLATIVE UPDATE

Third Meeting of Pinnacol Assurance Interim Committee Focuses on Injured Workers

CADA Grassroots Meetings Being Scheduled Daily

CADA To Host Fundraiser For Governor Bill Ritter

Colorado Legislative Council Includes CADA's Franchise Act in its Annual "Summary of Major Legislation"

CADA Looking for Intern

 

UPCOMING SEMINARS

Upcoming Seminars
Liabilities, Fraud and Bankruptcy - Oh My! What's a dealer to do in these tough economic times?

Colorado Springs, Performance Documentation Skills For Supervisors

Denver, Performance Documentation Skills For Supervisors

Employment Law Webinar: Reducing Lawsuit Risks of Terminations and Staff Reductions; Archive Now Available!

CADA Virtual Seminar: Manufacturer Bankruptcy: What it Means and Proactive Steps- Now Available in Pre:Recorded Format!

CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy; Archive Now Available

CADA Regional Member Briefings!


CALENDAR OF EVENTS
Upcoming Events

CADA Regional Member Briefings

MDADA Annual Membership Meeting/CADA Regional Meeting

NADA Convention and Exposition

Denver Auto Show

CADA 2010 Annual Golf Tournament


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Ed Bozarth Featured in Dealer Magazine

Share 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.

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
.

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


If you have questions
or suggestions
regarding this
e-newsletter, please
contact Lauren Stadler at
lauren.stadler@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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documents?
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download from Adobe.


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.


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.

  • As hybrid cars gobble rare metals, shortage looms
    Yahoo News, August 30
    The Prius hybrid automobile is popular for its fuel efficiency, but its electric motor and battery guzzle rare earth metals, a little-known class of elements found in a wide range of gadgets and consumer goods.
  • Remaining GM dealers face tough standards, sales goals
    The Detroit News, August 29
    General Motors Co. dealers who survived the automaker's bankruptcy were told Friday they will have to average higher sales and spend more updating their facilities.
  • Toyota's troubles keep growing
    Detroit Free Press, August 31
    Sales are down 34% this year. The automaker lost $4.8 billion in its last fiscal year.
  • Mercedes pleases diesel lovers
    The Detroit News, August 29
    The argument for more diesels coming to America continues to fall on deaf ears.
  • Time for Natural-Gas Autos?
    Barrons, August 31
    As "Cash For Clunkers" demonstrated, Americans love a deal. And Congress may have yet another for you when it returns from summer recess.
  • Aston Martin DBS Volante: A beautiful idea
    The Detroit News, August 29

    I understand the Aston Martin DBS Volante is not for everybody. Not everyone will care for a $300,000, 12-cylinder, open-top super car that looks like love feels and sounds like whiskey tastes.
  • Closing auto dealerships leave void
    The Detroit News, August 30
    In recent years, Plymouth Road in Livonia had become something of an automotive hub in the city: new car lots line the busy thoroughfare, along with mechanic shops, an engine plant and fueling stations.
  • Automaker Think emerges from bankruptcy
    The Detroit News, August 28
    Plans to sell the Think electric car in the U.S., and possibly build them in Michigan, are being revived with the Norwegian company's imminent emergence from bankruptcy protection.
  • Clunker recycling boosts scrap business
    Detroit Free Press, August 29
    Cash for clunkers might have ended Monday for consumers and car dealers, but it's only the beginning for tow-truck operators, recyclers and other companies that are seeing an uptick in business as a result of the program.
  • Cash-for-clunkers program boosts U.S. economy
    Detroit Free Press, August 29
    For $3 billion, the 32-day cash-for-clunkers program is looking increasingly like an effective stimulus bargain.

REMINDER: FTC AMENDMENTS REGARDING PRE-RECORDED CALLS EFFECTIVE SEPTEMBER 1, 2009

The Federal Trade Commission (FTC) has amended its rules regarding the regulation of pre-recorded calls designed to induce the purchase of goods and services. Pursuant to the amendment, effective September 1, 2009, pre-recorded telemarketing calls will be prohibited, except where the recipient has provided the caller with a signed, written consent to receive such calls.

The consent must clearly and conspicuously disclose that the purpose is to allow the seller to place pre-recorded calls to the consumer and must include the telephone number to which the calls can be made. Sellers may not require that a consent form be signed as a condition of a transaction. In addition, in the event a seller obtains consent, the pre-recorded calls must include an interactive automated opt-out response, as described below.

Since December 1, 2008, sellers and telemarketers have been required to include an interactive automated opt-out mechanism, such as a key press or voice-activated system in all messages. Sellers and telemarketers must ensure that messages terminate immediately after an opt-out mechanism is used. The message must also include a toll-free number that consumers may call to place a do-not-call request by key press or voice activation system.

These requirements apply to all pre-recorded telemarketing calls, whether answered by a live person, an answering machine or a voicemail service.

Below is the FTC release on these new provisions:
FTC Press Release: New Rule Prohibiting Unwanted "Robocalls" to Take Effect on September 1, Telemarketers Must Obtain Prior Written Approval from Consumers Who Want to Receive Such Calls, 8/27/2009

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SALES/USE TAX DATABASE ACCURACY AND ACCESSIBILITY SURVEY – WE NEED YOUR ASSISTANCE!

A reminder to please complete and return the Sales / Use Tax Database Accuracy and Accessibility Survey form we distributed last week in Open Road—the survey was also mailed to all members.

CLICK HERE for the full article with more background on the purpose of this survey.

CLICK HERE for the survey form.

* * * * * * * *

WRAPPING UP CASH FOR CLUNKERS (CARS)
Wrapping Up: Getting Paid, Unwinding Deals, and Trade-in Management

Now that the time for consummating/submitting deals is past, participating Car Allowance
Rebate System (CARS) dealers should shift their focus to follow-up concerns. The National Highway Traffic Safety Administration (NHTSA) currently has auditors in the field spot checking CARS transactions. Should an auditor visit or request to visit your dealership, be cooperative and arrange for a mutually convenient date and time for the audit. In any event, please make sure that all transaction paperwork and trade-in vehicles are in order.   Please direct CARS questions to help@cars.gov or clunkers@nada.org.

CLICK HERE for the latest Q&A and wrap-up information from NADA. 

* * * * * * * *

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


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THIRD MEETING OF PINNACOL ASSURANCE INTERIM COMMITTEE FOCUSES ON INJURED WORKERS

More than 32 injured workers testified before the third meeting of the Pinnacol Assurance Interim Committee on Monday.  Much of the testimony was from angry workers who were unhappy with Pinnacol’s claims handling practices and their perceived denial of necessary care.  However, not all of the testimony was against Pinnacol.  There were 6 witnesses in attendance who were very happy with the care they received from Pinnacol and were satisfied with the handling of their workers compensation claims by the company.  Also testifying at Monday’s hearing were several medical providers, a pharmacy benefit manager, a Claimant’s attorney, and the Workers’ Compensation Education Association (WCEA).  The next Pinnacol meeting is scheduled for Friday, September 4th at 9:00 a.m.  The topic for Friday’s meeting has not yet been published.

* * * * * * * *

CADA GRASSROOTS MEETINGS BEING SCHEDULED DAILY

In large part, CADA’s legislative success is due to the active and meaningful participation of our member dealers in grassroots activism.  We are in the process of scheduling 28 meetings across Colorado between now and when the General Assembly convenes for the 2010 Session on January 13th.  To see a current list of the meetings we have confirmed, please click here and RSVP to Lauren Stadler at lauren.stadler@coloradodealers.org if you plan to attend.  We can’t wait to see you at these very important and educational meetings!

* * * * * * * *

CADA TO HOST FUNDRAISER FOR GOVERNOR BILL RITTER

On the evening of September 14th, CADA will host a fundraising reception for incumbent Colorado Governor, Bill Ritter (D-Denver).  To view a copy of the invitation, please click here.  CADA has also agreed to host fundraisers for other gubenatorial candidates, including Sen. Josh Penry (R-Grand Junction) and former Congressman Scott McInnis (R-Grand Junction).  Please watch future editions of Open Road for details on these upcoming events.

* * * * * * * *

COLORADO LEGISLATIVE COUNCIL INCLUDES CADA'S FRANCHISE ACT IN ITS ANNUAL "SUMMARY OF MAJOR LEGISLATION"

At the end of every legislative session, the State of Colorado’s Legislative Council staff puts together a list of the major pieces of legislation that were introduced during the previous year, whether or not the bills were passed or killed.  We are happy to share with you that CADA’s Franchise bill, SB09-091, was included in this list of major legislation during the 2009 Session. Our bill was referenced in the business category, where 7 out of 9 bills mentioned were enacted.  For a copy of the complete report, please click here.

* * * * * * * *

CADA LOOKING FOR INTERN

Calling all students! Do you know a college student who wants to learn more about the automotive industry? Do you want to spend time at the Capitol and learn how laws are passed? Do you want to attend live tapings of media events? Then contact us!! CADA is seeking one intern for the summer and one for the legislative session, which begins in January. Please send all resumes to melissa.kuipers@coloradodealers.org and tim.jackson@coloradodealers.org by no later than Monday, Sept. 7. Please also include your hours and availability for the Fall semester.

* * * * * * * *

Questions or Comments?  Please contact:


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LIABILITIES, FRAUD, AND BACKRUPTCY - OH MY! WHAT'S A DEALER TO DO IN THESE TOUCH ECONOMIC TIMES?

Presented by Crowe Horwath LLP, Compli, Fisher & Phillips LLP and CADA

Thursday, Sept. 10, 2009
Baur's Ristorante
1512 Curtis Street, Denver, 80202
11:00 a.m. to 11:15 a.m. Registration
11:15 a.m. to 2:30 p.m. Seminar and Lunch
Introduction by Tim Jackson, President of CADA
Moderated by Jamie Apt,
National Accounts Manager, Compli

Attendance is complimentary, but space is limited. RSVP is required.

CLICK HERE for a registration form and more information

* * * * * * * *

PERFORMANCE DOCUMENTATION SKILLS FOR SUPERVISORS
Your best defense against employment-related lawsuits

Presented by Michael D. Johnson, an Employment Lawyer with Mountain States Employers Councel (MSEC), Colorado Springs Session, and Tina Harkness, Staff attorney with MSEC, Employment Law Services Department, Denver Session.

This seminar will be held at two convenient locations!

COLORADO SPRINGS
Monday, September 21, 2009
(Lunch included)
Noon to 3:30 p.m.
MSEC Training Center
6385 Corporate Drive
Suite 302
CO Springs, 80919

CLICK HERE for a registration form and more information on our Colorado Springs session!

DENVER
Tuesday, September 22, 2009
(Breakfast included)
8:30 a.m. to Noon
William D. Barrow Building
CADA Offices
290 East Speer Blvd., Denver


CLICK HERE
for a registration form and more information on our Denver session!

Objective:
To provide managers and supervisors with the critical skills necessary to effectively manage and evaluate employee performance. Participants will learn a performance documentation process and understand its importance in preventing legal claims. Using proven documentation techniques, participants will practice writing and maintaining job-related employee performance documentation. The seminar will focus on how the current legal climate affects supervision, as well as the "how-to's" of documenting employee actions.

Highlights of topics included:

  • Why documentation helps prevent legal claims
  • How to document behaviors, not people
  • Learn an effective documentation technique
  • Participate in typical situations that require documentation

CLICK HERE for a registration form and more information

* * * * * * * *

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

www.coloradodealers.org/registration
Event Description
Date/Time
Location
Liabilities, Fraud, and Bankruptcy - Oh My!
What’s a dealer to do in these tough economic times?
Presented by Crowe Horwath LLP, Compli, Fisher & Phillips LLP
Thursday, Sept. 10, 2009

11:00 am to 11:15 am Registration

11:15 a.m. to 2:30 p.m. Seminar and Lunch

Baur's Ristorante
1512 Curtis Street
Denver, 80202

Click here for a registration form and more information

Performance Documentation Skills For Supervisors

Colorado Springs

Presented by Michael D. Johnson, an Employment Lawyer with Mountain States Employers Councel (MSEC)

Monday, September 21, 2009
(Lunch included)

Noon to 3:30 p.m.

MSEC Training Center
6385 Corporate Drive
Suite 302
CO Springs, 80919

Click here for a registration form and more information

Performance Documentation Skills For Supervisors

Denver

Presented by Tina Harkness, Staff attorney with Mountain States Employers Council (MSEC), Employment Law Services Department

Tuesday, September 22, 2009
(Breakfast included)

8:30 a.m. to Noon

William D. Barrow Building
CADA Offices
290 East Speer Blvd., Denver

Click here for a registration form and more information

Employment Law WEBINAR:
Reducing Lawsuit Risks of Terminations and Staff Reductions

By Todd Fredrickson, top Denver employment attorney, Fisher & Phillips, LLP

Archive of this webinar can be viewed any time

Session was completed June 18, 2009

Click here for a registration form and more information (login information and slides provided upon registration)

-Includes detailed Q &A by those linked in on June 18th

CADA Virtual Seminar: Manufacturer Bankruptcy: What it Means and
Proactive Steps for You to Prepare

Understand your rights and responsibilities in a bankruptcy proceeding

NOW AVAILABLE IN PRE-RECORDED FORMAT!

Archive of this webinar can be viewed any time

Session was completed May 1, 2009
-Includes detailed Q &A by those linked in on May 1st

Click here for a registration form and more information (login information and slides provided upon registration)

CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy

Speaker: Penny Wofford, Ford & Harrison LLP


Archive of this webinar can be viewed any time

Click here for a registration form and more information (login information and slides provided upon registration)

Session was completed April 7, 2009
-Includes detailed Q &A by those linked in on April 7th


Event Description
Date/Time
Location

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: 303.457.5123, FAX: 303.831.9100, or E-mail: rsvp@coloradodealers.org
* Please note different RSVP
for Colorado Springs and
Pueblo meetings. 

MDADA Annual Membership Meeting/CADA Regional Meeting

Denver

Tuesday, Dec. 1

11 a.m.- Lunch Meeting (General Session)

Plan to arrive by 10:45 a.m.

JW Marriott Denver at Cherry Creek
150 Clayton Lane
Denver 80206
Attendees can register through CADA via Phone: 303.457.5123, FAX: 303.831.9100, or E-mail: rsvp@coloradodealers.org

Complimentary valet parking

CLICK HERE to register online!

NADA Convention & Exposition Feb. 13-15, 2010

Orange County Convention Center, Orlando FL

CLICK HERE for more information from the official website.

Denver Auto Show



Wednesday, April 7, 2010

thru  

Sunday, April 11, 2010

Colorado Convention Center

700 14th Street Denver 80202

CLICK HERE for more information.

CADA 2010 Annual Golf Tournament

SAVE THE DATE!

August 23, 2010

11:00am-11:45am Registration/Practice

12:00 Noon – Shotgun Start

Lakewood Country Club
6800 W. 10th Avenue
Lakewood, CO  80214


ED BOZARTH FEATURED IN DEALER MAGAZINE

Ed Bozarth, a car retailer for four decades who now owns six General Motors Co. stores in Kansas, Colorado and Las Vegas is featured on the cover of the September issue of Dealer Magazine.  CLICK HERE to learn more.

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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.


THE AFTERFACT

  • New couple takes new last name: Ford
    Detroit Free Press, August 26
    Not those Fords, the Fords of Dearborn, of the Model T and the Thunderbird. This is a pair of new Fords, a couple who became so connected to their car that they decided to adopt its name as their own.
  • Germans Debate Whether Car Trade-In Plan Will Backfire
    The Wall Street Journal, August 31
    Germany's auto makers are worried about slumping sales when the government's "cash for clunkers" program expires this fall after running through its allocation of €5 billion, or $7.15 billion.
  • Cash For Clunkers Pushes August Sales And Stirs Debate
    Business Week, August 28
    Helped by Cash for Clunkers, which ended Monday, the annualized selling rate for the auto industry in August is expected to be about 15.5 million, according to Wall Street firm Goldman Sachs.
  • Calif. car auction nets $14M from collectors
    The Detroit News, August 27
    More than 800 car collectors spent $14 million at an auction in California, snapping up Duesenberg and Mercedes-Benz models and passing on a 1939 Auto Union racer that was estimated to fetch as much as $10 million.
  • Big 3 sales fade as 'clunkers' wraps up
    The Detroit News, August 27
    The Detroit Three automakers' share of "cash for clunkers" sales fell sharply, compared to foreign nameplates, in the final week of the $3 billion incentive program.
  • Chrysler sues Daimler over parts supplies for 2010 models
    The Detroit News, August 26
    Chrysler Group LLC is suing Daimler AG for refusing to honor contractual commitments to supply parts needed to continue production of some of its 2010 model vehicles.
  • Big 3 sales fade as 'clunkers' wraps up
    The Detroit News, August 27
    The Detroit Three automakers' share of "cash for clunkers" sales fell sharply, compared to foreign nameplates, in the final week of the $3 billion incentive program.
  • Daimler seeks to avoid Chrysler legal costs
    The Detroit News, August 24
    Daimler AG wants to make sure it is not on the hook for additional legal costs associated with a lawsuit filed by the creditors of the old Chrysler LLC.

If you want to be added to our mailing list, please CLICK HERE.

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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