NOVEMBER 26, 2008


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

Myers & Fuller: Dealer Alert- Answers for Dealers in This Volatile Floorplan Environment

Family Medical Leave Act (FMLA): Final Regulations Published and Effective January 16th, 2009

 

UPCOMING SEMINARS

Fixed-Ops Growth Strategies!

Red Flags Rule Compliance Seminar


CALENDAR OF EVENTS
Upcoming Events

Annual Colorado Dealers Legal Counsel Lunch and Issues Briefing

NADA Convention and Exposition


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

CADA Meeting Hosted by the Colorado Civil Justice League (CCJL)

NADA 2009 Convention and Exposition

Share Your Accomplishments

Dealer Notification


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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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.

  • Video: No Easy Money for Detroit
    The Wall Street Journal, November 19
    WSJ’s John Stoll discusses the second day of testimony from Detroit auto makers, who are seeking money from the government. Congress is going in eyes wide open this time.
  • Going gets tougher for Colorado car sales
    Rocky Mountain News, November 18
    The economic environment for Colorado's car dealers has gone from bad to worse.
  • State car industry sees bridge loans as the road out
    Denver Post, November 18
    Leaders of Colorado's auto-sales industry — including well-known local pitchman Dealin' Doug Moreland — are on the stump for a proposed rescue of the nation's Big Three auto manufacturers, saying it would save thousands of jobs, keep suppliers afloat and help buoy consumer confidence.
  • Longtime San Francisco auto dealer drops new cars
    San Francisco Business Times, November 21
    Ellis Brooks Auto Center, a fixture on San Franciso’s Van Ness Avenue for decades, will stop selling new cars, citing the growing burden of a union pension fund and the rising costs of doing business in San Francisco.
  • Hecker closes 6 car lots, sells 3; GM sues
    Star Tribune, November 22
    About 400 workers -- a third of Hecker's workforce -- are being laid off. General Motors also filed suit to bar Hecker from selling Hyundai vehicles in his Southview Chevrolet showroom.
  • Consumers a reluctant bunch at auto show
    The Detroit News, November 22
    The crowds at the show are a reluctant bunch this year. Anxious about the economy, the future of the Detroit Three automakers and the unpredictability of gas prices, few said they had any intention of buying a new car anytime soon.
  • If I had the floor at the auto rescue talks
    Detroit Free Press, November 23
    Good morning. First of all, before you ask, I flew commercial. Northwest Airlines. Had a bag of peanuts for breakfast...
  • Dems are postponing crucial vote on auto bailout
    Business Week, November 20
    Democratic leaders in Congress sidetracked legislation to bail out the auto industry Thursday and demanded the Big Three develop a plan assuring the money would make them economically viable.
  • Oil Closes Below $50, Lowest Price Since May 2005
    The New York Times, November 20
    Oil prices fell to their lowest level in more than three years, dropping below $50 a barrel on Thursday, after shedding close to $100 since July as an ailing global economy pared consumption.
  • To rest of U.S., Detroit is mired in the past
    The Detroit News, November 20
    To watch two days of hearings on how -- or whether -- Congress should rescue Detroit's close-to-failing automakers is to be haunted by a recurring question: How did we get here?
  • Congress: No deal until automakers provide a plan
    USA Today, November 21
    After enduring hours of grilling this week in the Senate and House of Representatives, Detroit's auto leaders failed to win the $25 billion in federal bailout loans they had been fighting for.
  • Prospects for Big 3 aid package grow dim
    The Detroit News, November 20
    A bid to grant Detroit's Big Three automakers $25 billion in loans this week was on the brink of collapse after the automakers' chief executives spent two days testifying before Congress and failed to win many allies.
  • Senate cancels vote on bailout for Big 3 automakers
    The Detroit News, November 19
    Senate Majority Leader Harry Reid said that he wanted to figure out some way to help Detroit’s struggling Big Three but that efforts to do so had stalled.
  • Ford dealers back Mulally
    The Detroit News, November 24
    I received this letter over the weekend from the Ford National Dealer Council:
  • GM, Tiger Woods End Longstanding Deal; Timing ‘Coincidental’
    The Wall Street Journal, November 24
    General Motors announced Monday it is ending its nine-year endorsement deal with Tiger Woods.
  • Detroit Auto Makers Need More Than a Bailout
    The Wall Street Journal, November 10
    As President-elect Barack Obama prepares to enter the White House, he must ponder what to do about the world's trouble spots: Iran, Iraq, North Korea, the Caucasus. And, oh yes, Detroit.
  • Auto execs lose ground in bailout quest
    The Detroit Free Press, November 19
    Detroit's automakers' second run at convincing Congress of the need for $25 billion in loans today struggled for traction as Democrats, Republicans and the White House sparred over whether to compromise on a source of money for the industry.
  • Why Romney's right, and wrong, about the Detroit automakers
    Detroit Free Press, November 19
    Native son Mitt Rommey, whose dad ran American Motors in its Rambler days and then became governor of Michigan, is the latest national figure to totally trash the Detroit-based auto industry.
  • How much time should aid buy for automakers?
    Detroit Free Press, November 19
    Politicians from Connecticut to California are skeptical that it's in their constituents' interest to toss Detroit's sinking auto companies another $25-billion worth of rope.
  • Why Detroit's auto executives are ruling out going bankrupt
    Denver Free Press, November 10
    Over more than a century, Detroit's autoworkers have survived two world wars, recessions and oil spikes, but a bankruptcy by a U.S. automaker would finally knock their destiny out of their hands.
  • Granholm pleads for auto aid, avoids Obama cabinet question
    Denver Free Press, November 10
    Gov. Jennifer Granholm repeated her plea this morning for a federal bridge loan for the Big 3 to weather the deepening financial crisis.
  • Retailers and eateries feel the pain from auto job losses
    Denver Free Press, November 11
    Andrea Kanakry assembled fruit baskets in her Warren floral shop Monday on a mission to win new business.
  • Attractively Priced, Fuel-Efficient Cars
    The Wall Street Journal, November 18
    Jonathan Welsh answers readers' questions
  • Hybrids' Payoff Recedes
    The Wall Street Journal, November 9
    Calls for an auto industry bailout have become ever more insistent in recent days, as have the dire predictions of what's to come if the government doesn't ante up.
  • Yes, Detroit Can Be Fixed
    The Wall Street Journal, November 5
    For that guy elected yesterday, a puzzle is how Detroit's auto makers should be reshaped by the hand of government -- with a taxpayer bailout or by letting bankruptcy judges take charge?
  • Automakers' $25 Billion Fast-Track Bailout
    Business Week, November 18
    The incoming Obama Administration is determined to help the U.S. auto industry survive the deepening recession.
  • White House is open to Big 3 aid
    The Detroit News, November 11
    The White House said Monday it would consider additional immediate aid for Detroit's Big Three if Congress acted, but signaled that it does not support opening the $700 billion Wall Street rescue package to the automakers.
  • Obama urges Bush to act on auto aid
    The Detroit News, November 11
    President-elect Barack Obama wants government leaders to help the auto industry cope with a cash crisis that threatens to overwhelm General Motors Corp. and other automakers.
  • Reporter's Notebook: The Freshmen
    FOX News, November 22
    The newly-elected freshmen of Congress are finding out their first year on Capitol Hill isn't much different from college.
  • No blank check for automakers
    Denver Post, November 17
    Calls for an auto industry bailout have become ever more insistent in recent days, as have the dire predictions of what's to come if the government doesn't ante up.

    * * * * * * * *



MYERS & FULLER: DEALER ALERT- ANSWERS FOR DEALERS IN THIS VOLATILE FLOORPLAN ENVIRONMENT

After receiving numerous inquiries from dealers across the country about the current, volatile automotive credit market, Myers & Fuller provided the client alert below.  This five-page letter provides a general summary and advice regarding recent actions taken by some floorplan lenders as well as other potential risks facing dealers. 

Myers & Fuller, Client Alert 10/29/2008 (5 pages)

* * * * * * *

FAMILY MEDICAL LEAVE ACT (FMLA): FINAL REGULATIONS PUBLISHED AND EFFECTIVE JANUARY 16TH, 2009

In light of the very limited timeframe for complying with these newly published regulations, CADA is working to add training options on this topic yet this month or by mid-January.

Mountain States Employers Council:  Hot Topics - November 24, 2008

On November 17, 2008, the U.S. Department of Labor published their final rule for the Family and Medical Leave Act (FMLA). The new rule becomes effective on January 16, 2009.

Several important FMLA issues are addressed in the final rule. For example, employer notice requirements have been expanded to improve communication between employers and employees. Employers will be required to provide employees with a general notice about the FMLA; an eligibility notice; a rights and responsibilities notice; and a designation notice. The final rule extends the time for employers to provide various notices from two business days to five business days.

Key rule changes also include: the definition of serious health condition; medical certification process, fitness for duty evaluations; substitution of paid leave; light duty; perfect attendance awards; employee notice requirements and waiver of FMLA claims.

The final rule also reflects the January 2008 statutory expansion of FMLA for military families. The new rule defines "qualifying exigency" with a broad list of reasons and activities including a short-term deployment, military events and related activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities and any additional activities agreed to by the employer and the employee.

* * * * * * *

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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FIXED-OPS GROWTH STRATEGIES

Traditional thinking will not bring you new service customers

December 9-11, 2008; Six Sessions Across Colorado!

A thought-provoking, information-packed, business-changing workshop by a highly renowned consultant: Don Tipton has presented for many
state dealer associations and 20-Groups.

IT IS TIME TO CREATE A NEW IMAGE AND FIND INNOVATIVE WAYS TO:

  • Provide service that will drive sales
  • Create an environment that attracts customers…instead of marketing to
    drive customers
  • Your service department may be perceived to be “High-Priced” and “Inconvenient”,
    especially by customers with older, high mileage, or out of warranty vehicles.
  • Traditional pricing and customer handling procedures tend to reinforce this
    perception.
  • Your old performance indicators and benchmarks may be getting in the way

Presented by Don Tipton, President-DTC Retail Consulting, www.dtcretailconsulting.com

Don Tipton, still an active dealership consulltany today, offers "In the Trenches" automotive experience combined with knowledge of proven management techniques. Don began in the automotive business at the age of 8, working for his father, a parts and service manager. Don has held management positions a both small single point stores and large multi-dealer operations at the corporate level. He spent a number of years with what was the largest automotive fixed operations consulting firm in the country, conducting training seminars and in-dealership consulting. He is passionate about this business and the success of dealers.

CLICK HERE to find your location and register online!

A CLICK HERE for more information
on this
training session.

* * * * * * * *

RED FLAGS RULE COMPLIANCE SEMINAR

PLUS: Privacy/Safeguard Recap and Overview of Frequently Overlooked Federal Compliance Obligations

Friday, Jaunary 9, 2008

By Paul Metrey, NADA’s Director of Regulatory Affairs
Make sure you completely understand the new Red Flags compliance obligations:

  • Create and implement a written ID 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 and oversee service providers (i.e., third party vendors).
  • Senior management or owner(s) must approve the program and review/monitor annual reports.

***Opportunity to ask questions, and delve into specific aspects of implementation***

Paul D. Metrey, Esq. is the Director of Regulatory Affairs in the Legal and Regulatory Group of the National Automobile Dealers Association (NADA). He represents dealer interests before, and educates dealers on, regulations promulgated by several federal agencies including the Federal Reserve Board, FTC, FCC, Department of the Treasury, and IRS. He reports on regulatory developments and has authored several NADA publications and frequently speaks to dealers, dealership compliance professionals, and other industry groups on regulatory topics, including recent developments in privacy, ID theft, telemarketing, consumer financing, and tax.

CLICK HERE to register online!

A CLICK HERE for more information
on this
training session.
TO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

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

Fixed-Ops Growth Strategies!

Colorado Springs

Presented by Don Tipton


Tuesday, Dec. 9th

8:00 to 10:30 am

 

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 or abwinslow@comcast.net

For more information Click Here

REGISTER ONLINE!

Fixed-Ops Growth Strategies!

Pueblo

Presented by Don Tipton

Tuesday, Dec. 9th

Noon to 2:30 pm

 

Pueblo Convention Center,
320 Central Main Street
Pueblo, CO  81003 
Phone: 719.542.1100

For more information Click Here

REGISTER ONLINE!

Fixed-Ops Growth Strategies!

Loveland

Presented by Don Tipton


Wednesday, Dec. 10th

7:30 am - 10:00 am

 

Best Western Crossroads Inn & Conference Center
5542 E. US Highway 34
Loveland, CO  80537 
Phone: 970.667.7810

For more information Click Here

REGISTER ONLINE!

Fixed-Ops Growth Strategies!

Denver

Presented by Don Tipton


Wednesday, Dec. 10th

Noon to 2:30 pm

 

William D. Barrow Building, CADA Headquarters
290 E. Speer Blvd. Denver, CO  80203
Phone: 303.831.1722       

For more information Click Here

REGISTER ONLINE!    

Fixed-Ops Growth Strategies!

Glenwood Springs

Presented by Don Tipton

Thursday, Dec. 11th

7:30 am - 10:00 am

Hotel Colorado, 26 Pine Street, Glenwood Springs, 81601
Phone:  800.544.3998

For more information Click Here

REGISTER ONLINE!

Fixed-Ops Growth Strategies!

Grand Junction

Presented by Don Tipton

Thursday, Dec. 11th

12:30 pm - 3:00 pm

Doubletree Hotel, 743 Horizon Drive, Grand Junction, CO  81506
Phone: 970.241.8888

For more information Click Here

REGISTER ONLINE!

Red Flags Rule Compliance Seminar
Plus: Privacy/Safeguards Recap and Overview of Frequently Overlooked Federal Compliance Obligations

Denver

By Paul Metrey, NADA Regulatory Affairs

Friday, January 9, 2009,

7:30am

Breakfast meeting

William D. Barrow Building (CADA/MDADA Headquarters)
290 E. Speer Blvd
(SW Corner of Grant/Speer)
Phone: 303.831.1722

For more information Click Here

REGISTER ONLINE!



Event Description
Date/Time
Location

Annual Colorado Dealers Legal Counsel Lunch and Issues Briefing


Friday, January 9, 2009

11:30-1:30

Lunch

Briefing / update on upcoming legislative session, compliance and regulatory matters, and Red Flags/Safeguards overview from Paul Metrey, NADA Regulatory Affairs

Baur’s Restaurant
www.baursdenver.com
1512 Curtis Street , Denver, CO 80202

CLICK HERE to register online!
CLICK HERE for more information!

NADA Convention & Exposition

Jan. 24-27, 2009

New Orleans Morial Convention Center
New Orleans, LA

CLICK HERE for more information from the official website.

Denver International Auto Show

Wednesday, April 1, 2009

thru  

Sunday, April 5, 2009

Colorado Convention Center

700 14th Street Denver 80202

 

CADA Annual Member Golf Event

Monday, August 24, 2009

12:00 Noon Shotgun Start

Glenmoor Country Club
110 Glenmoor Drive
Cherry Hills Village, 80113
303.781.3000

www.glenmoorcc.org


CADA MEETING HOSTED BY THE COLORADO CIVIL JUSTICE LEAGUE (CCJL)

On Tuesday CADA hosted a meeting organized by the Colorado Civil Justice
League (CCJL), a tort reform group. The featured speaker was the next Speaker of the Colorado House of Representatives, Terrance Carroll. This was his first group presentation since having been elected by his peers to serve as House Speaker.



The contact information for Terrance is as follows:
State Capitol
200 East Colfax Ave.
Denver, CO 80203
(303) 866-2909
terrance.carroll.house@state.co.us

http://www.terrancecarroll.com

* * * * * * * *

NADA 2009 CONVENTION AND EXPOSITION

aNew Orleans is now the eighth fastest growing metropolitan area in the United States, according to the U.S. Census Bureau. To show support for the rebirth of New Orleans, NADA is headed back to the Big Easy to hold its 92nd annual convention and exposition there Jan. 24-27, 2009.

“The theme for our New Orleans convention is 'Voice of the Dealer® ... Committed to Community.' What better way to show that commitment than for us to be there in full strength at one of NADA's favorite convention cities," said Annette Sykora, 2008 NADA Chairman. NADA has held its convention in New Orleans every few years for the past 30 years.

For more information, visit the following websites:
http://www.nada.org/TrainingEvents/Convention/
http://expo.nada.org/nada2009/public/enter.aspx

CLICK HERE to register!

* * * * * * * *

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.

* * * * * * * *

DEALER NOTIFICATION

Effective December 1, 2008, there will be a price adjustment on the forms identified below.  As always we appreciate your business and apologize for any inconvenience this may cause.  If you have any questions regarding the purchase of forms from CADA, please contact George Billings or Lauren Stadler at 303.831.1722 or via email george.billings@coloradodealers.org or lauren.stadler@coloradodealers.org
Forms can also be ordered through the CADA website at www.coloradodealers.org

Form #

Description

New Price

DR 206

Denver Sales Tax Receipt [100/pad]

$6.00 per pad

DR 26

State Sales Tax Receipt [100/pad]

$4.00 per pad

DR 2444

Statement of Fact [50/pad]

$10.00 per pad

AUTH

Authorization to Pay off [50/pad]

$5.00 per pad

Employ

Employment Applications [50/pad]

$10.00 per pad

PC

Mortgage Acknowledgement Postcard [50/pkg]

$40.00 per pkg

P MC

Permit Frames – Motorcycle [100/box]

$55.00 per box

P50

Permit Frames – [50/box]

$35.00 per box

P100

Permit Frames – [100/box]

$55.00 per box

P200

Permit Frames – [200/box]

$90.00 per box

P400

Permit Frames – [400/box]

$180.00 per box

 

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