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DECEMBER 22, 2009
IN THIS ISSUE
 DEALER NEWS & INFORMATION
– Automotive News at a Glance
REGULATORY & LEGAL UPDATES
– FTC Issues Model Privacy Notice
– Colorado Department of Labor Announces Minimum Wage Drop For 2010
– New Regulatory / Legal Topics Index Page
LEGISLATIVE UPDATE
– Terminated Dealers Will Finally Have Their Day
– State Budget Woes Continue
UPCOMING SEMINARS
– Upcoming Seminars
CALENDAR OF EVENTS
– Upcoming Events
– Legislative Policy Committee Meeting
– Legislative Reception
– NADA Convention and Exposition
– Denver Auto Show
– CADA 2010 Annual Golf Tournament
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
–Share Your Accomplishments
THE AFTERFACT
–All the News That's Fit to Email!
ARCHIVES
CLICK HERE for Open Road
e-newsletter archives.
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& 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.
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Allied Members.
CLICK HERE for an order form for
CADA forms.
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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.
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Friday, 7 a.m. to 4 p.m.
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Endorsed Vendors/Programs.
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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.
~ HAPPY HOLIDAYS FROM THE ~
COLORADO AUTOMOBILE DEALERS ASSOCIATION!
* Christmas Holiday Hours:
CADA will remain open until 2pm on December 24, Christmas Eve. However the office will be closed on December 25, Christmas Day. Enjoy this meaningful and historic holiday. 
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.
FTC ISSUES MODEL PRIVACY NOTICE
The FTC and the federal banking agencies have amended the Privacy Rule to include a new model privacy notice that dealers and other financial institutions may use to describe their privacy policies to their finance and lease customers. Dealers who adopt the model notice consistent with its instructions will receive safe harbor protection for the language used in the notice beginning December 31, 2009.
Dealers who continue to provide their finance and lease customers with a privacy notice that uses language from the sample clauses contained in Appendix A to the text of the original Privacy Rule (which required compliance by July 1, 2001) will lose safe harbor protection for the language used in those notices after December 31, 2010. Accordingly, dealers should consider transitioning to the new model notice before the end of 2010.
There are a number of detailed rules that users of the new model privacy notice must follow. NADA will explain these rules in greater detail and provide a recap of the Privacy Rule (which involves many compliance considerations beyond the language used in the privacy notice) in an educational guide that will be sent to NADA members in advance of the December 31, 2010 safe harbor expiration date that applies to privacy notices using language from the sample clauses contained in the original Privacy Rule.
For a refresher on the Privacy Rule’s application to franchised dealers, see
www.ftc.gov/bcp/edu/pubs/business/autos/bus64.pdf.
CLICK HERE to review the entire NADA memo.
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COLORADO DEPARTMENT OF LABOR ANNOUNCES MINIMUM WAGE DROP FOR 2010
The Colorado Department of Labor (CDOL) has announced its calculation of the 2010 state minimum wage. An amendment to Colorado's Constitution requires the CDOL to recalculate minimum wage each year based on inflation. This year's negative inflation rate will cause minimum wage to drop from $7.28 per hour to $7.24 per hour for most employees and from $4.26 per hour to $4.22 per hour for tipped employees on January 1, 2010. See Minimum Wage Fact Sheet for more information.
This announcement means that Colorado's minimum wage will be less than the current federal minimum wage of $7.25 per hour. Employers must pay no less than the higher of the two rates.
Visit the CDOL web site for more information:
http://www.coworkforce.com/lab/minimumwage.asp
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NEW REGULATORY / LEGAL TOPICS INDEX PAGE
New Regulatory / Legal Topics Index Page
A web-based version of all Open Road regulatory / legal articles has been added to the CADA web site; articles are sorted by topic, a direct link to that issue is available from the index, and all of the articles will now be searchable from CADA’s main web site (www.coloradodealers.org) search functions.
Visit:
www.cadaopenroad.org
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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
 
TERMINATED DEALERS WILL FINALLY HAVE THEIR DAY
With the recent passage of Federal legislation, General Motors and Chrysler dealers will be able to seek arbitration about the loss of their franchises under the spending bill that's going to President Obama's desk. The $1.1 trillion funding measure includes provisions that create an arbitration process that could result in allowing some dealerships to stay open. Over the last several months, NADA and CADA have fought for several provisions in Congress that would allow for the reinstatement of dealer rights.
5 Key Points in the Bill for Dealers:
**The time periods referenced herein are all tied to the enactment date of this legislation. The enactment date is the date when President Obama signed this bill into law, which occurred on 12.16.09**
1. Notice by Manufacturer to Dealer: Within 30 days the enactment date of this legislation, the manufacturers are required to provide terminated dealers with a summary of the terms and rights accorded under this legislation.
2. Dealer Notice of Decision to Arbitrate to Manufacturer: Within 40 days of the enactment date of this legislation, a terminated dealer who chooses to pursue the right to binding arbitration must elect to do so. While the legislation does not provide guidelines as to how dealers must make this election, CADA is encouraging dealers to do so IN WRITING to the manufacturer within 40 days of the enactment of this legislation.
3. Time Frame for Arbitration: Once a terminated dealer has elected to arbitrate, the arbitration must be completed within 180 days of the enactment date. Once the arbitration is completed, the arbitrator must file a written report of his/her findings within 7 days.
4. Choice of Arbitrator: Dealers and manufacturers must agree on an arbitrator from the American Arbitration Association (AAA). If the dealer and manufacturer cannot agree, then the parties shall request that AAA selects an arbitrator. The arbitrator shall be selected from the Regional Office of the AAA where the dealership is located.
5. Venue: Arbitration shall occur in the state where the terminated dealership is located.
CLICK HERE to continue reading.
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STATE BUDGET WOES CONTINUE
On Friday, December 18th, the legislature’s chief economist told the Legislative Council that the state’s projected revenue numbers for this fiscal year and the next have worsened, despite an improving state economy. For the current fiscal year, which ends June 30th, the revenue shortfall now is estimated to be $600.6 million, which is $39.9 million more than in September. For the 2010-2011 fiscal year, which begins July 1st, the revenue shortfall is projected to be $1.5 billion, which is $200 million more than in September.
In other words, the revenue shortfall for General Fund spending for the current and next fiscal year is $2.1 billion less than budgeted spending. The next revenue forecast is scheduled for March.
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Questions or Comments? Please contact:
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| Event Description |
Date/Time |
Location |
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
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| Event Description |
Date/Time |
Location |
Legislative Policy Committee Meeting |
Jan. 7, 2010
7:30 a.m. |
William D. Barrow Building
(CADA Headquarters)
290 E. Speer Blvd
(SW Corner of Grant/Speer), Denver
Phone: 303.831.1722 |
Legislative Reception
**more details coming soon** |
Jan. 28, 2010
5-7 p.m. |
William D. Barrow Building
(CADA Headquarters)
290 E. Speer Blvd
(SW Corner of Grant/Speer), Denver
Phone: 303.831.1722 |
| 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! |
Monday, August 9, 2010
11:00am-11:45am Registration/Practice
12:00 Noon – Shotgun Start |
Lakewood Country Club
6800 W. 10th Avenue
Lakewood, CO 80214 |
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
- Chrysler plant closings not set in stone
The Detroit News, December 17
Chrysler Group LLC said Thursday it continues to evaluate when it will close its Sterling Heights assembly plant that makes the Chrysler Sebring and Dodge Avenger midsize sedans.
- 26 states object to Honda settlement
The Detroit News, December 17
More than half of the nation's state attorneys general are objecting to a deal to settle a 2007 class-action lawsuit against Honda Motor Co. over claims of inflated mileage for a hybrid vehicle.
- Ford Seeks iPhone-Like Apps for Its Cars
The Wall Street Journal, December 17
Ford Motor Co. is working to offer drivers a way to upgrade the electronics in their vehicles, much the same way they can add applications to their iPhones and BlackBerrys.
- Chrysler Says Image Remake Could Take Two Years
The Wall Street Journal, December 18
Chrysler Group LLC on Thursday said it could take as long as two years to turn around its image as a producer of low-quality vehicles, but the auto maker believes it can maintain its current sales level without hefty discounts.
- 2010 Audi Cabriolet goes bold
The Detroit News, December 17
Drop-top leaves timid A4 styling behind for looks of sharply refined S5
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