DEALER NEWS
REGULATORY
& LEGAL UPDATES
Make plans to join us for CADA's
annual member golf event
on Monday, Aug. 27—
space is limited, so CLICK HERE
to register online!
This year's event will take place at the
Valley Country Club
at 14601 Country
Club Drive
in
Aurora, which boasts
the Essence of
Colorado Tradition. A special thanks to
our title sponsor,
GE Money Warranty
Services.
We are also
collecting 'goodies'
for our goodie
bags. If you are
interested in
donating, please
contact Lauren
Stadler at 303.831.1722.
Note that there will
be two hole-in-one
$10,000 cash prizes,
awards for
1st/2nd/3rd place
plus valuable door
prizes! There will
also be a
professional
photographer
on-site.
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THE STATE FILES
AMEND. 41
APPEAL--BUT OTHERS
CELEBRATE
THE INJUNCTION WITH
ZEAL
The Colorado Statesman, June 15, 2007
“Isn’t this a great night?”
beamed Tim Jackson, executive director of the Colorado
Automobile Dealers
Association as he looked around at dozens of legislators, lobbyists
and lawyers
who gathered to celebrate at CADA’s office earlier this week.
“And you don’t need a receipt tonight, folks!” added Bill Becker, Adams County Economic Development president who also heads up the non-profit First Amendment Council, which successfully won an injunction against Amendment 41 in Denver District Court a couple weeks prior.
The two were surrounded by
happy legislators and lobbyists, who have pretty much
refrained from socializing
this year due to the restrictions of the so-called “ethics in government”
amendment.
The remarks of Becker and
Jackson, who serves as the treasurer of the Council,
emphasized the glee they
all shared when the court granted the injunction on May 31
until a full trial
can be held on the constitutionality of the measure, which voters passed
overwhelmingly in 2006.
CLICK HERE to read the entire article.
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HIGH GAS PRICES CUT INTO CAR SALES IN DENVER AREA
Auto registrations down 17% January through May
Rocky Mountain News, July 3, 2007
Gas costing $3 a gallon is dampening the desire for new cars.
Car registrations in
metro Denver, an
indicator of car sales,
fell 26.2 percent in May
and 17.2 percent from
January through May,
according to a report
from the Metro Denver
Auto Dealers
Association.
That compares with a 7.6
percent increase in May
2006 and a 17.7 percent
jump in the
first five
months of last year.
Nationally, car sales are down about 3 percent year to date.
CLICK HERE to read the entire article.
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JUNE ISSUE OF BULLETIN AVAILABLE
Several times a year, CADA
distributes copies of the
Bulletin newsletter to our members. Each
issue contains industry information, dates of upcoming
seminars and events, and timely articles for auto
dealers. The June issue has been mailed, or you can
CLICK HERE
to download a copy.
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The Denver Auto Outlook is filled with valuable, objective information on the metro area's
new retail automotive market that can't be found anywhere else. This newsletter is mailed
to CADA members, or you can CLICK HERE to download a copy.
* * * * * * * * *
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SAVE THE DATE:
DEALER MANAGEMENT AND LEADERSHIP SUMMIT Colorado Dealer Management and Leadership Summit Wednesday, August 15 9 am to 8 pm Marriott Denver South – Park Meadows Drive Presenters: Jim Ziegler, Rob Cohen, Bill Walters, Aaron Jacoby, Michael Dommermuth, Jack Tracey, Sen. Shawn Mitchell, and others yet to be named. More details to come soon!
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|
CADA forwards news
articles and opinion columns of interest through Open Road |
HOUSE MAKES CHANGES TO SENATE ENERGY BILL
As anticipated, the House had
its own interpretation of what the nation’s newest energy
bill should look like. After leaving the Senate last week, the House got its
first chance to examine what portions of the bill it liked and which parts would
make it to the cutting
room floor.
Currently, major sections of
the Senate version of the Energy bill have been omitted
from what the House Energy and Commerce Committee is considering--namely, the
fuel efficiency standards emphasized by the Senate have been removed. It is too
early to surmise whether this bodes well for the auto manufacturers or if this
could present a
more onerous set of standards.
CLICK HERE
to read this
article by CAR lobbyist Jeremy Cottrell.
HOW TO
OVERCOME THE LANGUAGE BARRIER
AND USE IT TO YOUR ADVANTAGE
Special Column by George Koons, Esquire
Hall & Evans, L.L.C. – Denver
George Koons is an attorney with
Halls & Evans, L.L.C., where he
practices general
litigation
with an emphasis on commercial
matters. This article is
designed to provide
general
information regarding working
with non-English speaking
customers.
Excerpts of this article are
included below;
CLICK HERE
to review the entire article
(which includes a list of
recommended steps dealerships
can take to minimize the
litigation risks).
The Scenario
Now, more than ever, a large
population of non-English
speaking customers exist who
have the financial wherewithal
to qualify for vehicle financing
and to lease or purchase a
new
or used automobile. In order to
cater to the large and lucrative
Hispanic demographic group in
Colorado, dealerships market
their products via
Spanish-speaking commercials
on
Hispanic television channels. A
noticeable increase in lawsuits
has accompanied the
flow of
Hispanic and other non-English
speaking customers into
dealership showrooms.
Although non-English speaking
customers have a responsibility
to understand the transaction
they are entering into and,
generally, Colorado law does not
require the use
of a language
other than English,
dealerships have an obligation
to ensure that the
customer has
an understanding of the
transaction, including knowledge
of its terms and
the customer’s
responsibility under the
contract. Otherwise, the
customer may be entitled
to
rescission of the contract and
other damages.
The Lawsuit
Most lawsuits brought by
non-English speaking customers
are initiated sometime after
the
customer leases or buys the
vehicle and claims to have
discovered the contract did
not
contain the terms he or she
thought it did. Typically, prior
to initiating a lawsuit, the
customer will bring the vehicle
back to the dealership and
attempt to rescind the
agreement.
If that is not
successful, the customer may
file a complaint against the
dealership and financing
company. Other times,
allegations regarding wrongdoing
surface after the
financing
company repossesses the vehicle
then sues the customer for a
deficiency
amount due under the
contract. The customer then
files a counterclaim contending
some form of deceptive conduct
against the dealership and
financing company.
An example of this type of suit
occurred recently when a major
vehicle financing company sued a
non-English speaking lessee. The
lender contended the lessee owed
over-mileage fees, resulting
from more than 80,000 mile of
use above the allotted mileage
amount. The lessee claimed she
purchased, not leased, the
vehicle (even though she signed
a lease agreement) and,
therefore, was not responsible
for any over-mileage fees and
was entitled
to possession of
the vehicle. She files a
counterclaim against the
dealership and financing
company, alleging various claims
pertaining to deceptive
practice.
[Customers] may be entitled to
actual damages, treble damages,
costs, and attorneys’ fees under
Colorado statute. If a number of
people claiming this type of
deception exist, a class-action
lawsuit typically will be
brought against the dealership
and financing company.
The
potential recovery of treble
damages and attorneys’ fees has
fueled these lawsuits and
made them more attractive to
plaintiffs’ lawyers.
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If you have additional questions on any
legal or regulatory topics, please contact:
-
Tim Jackson, President, tim.jackson@cadaonline.org, 303.282.1448
-
Tammi McCoy, VP, tammi.mccoy@cadaonline.org, 303.282.1449
Or e-mail
questions to
regulatory@cadaonline.org to reach both.
|
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
|
Upcoming Training Seminars
| Topic |
City |
Date/Time |
Location |
|
Title Processing Training By various county trainers/staff |
Lakewood |
Thurs., July 19
9:30 am to 2:30 pm (time is tentative) |
Sheraton Denver West Hotel 360 Union Boulevard, 80228 Phone: 303.987.2000
CLICK HERE
for seminar flyer and to fax or mail your registration.
CLICK HERE to register online. |
|
Peak Performance In Warranty Operations By Rob Campbell |
Montrose |
Wednesday, 11 am to 2 pm lunch included |
Holiday Inn
Express-Montrose |
|
Peak Performance In Warranty Operations By Rob Campbell |
Loveland |
Thursday, July
26 7:30 to 10:30 am breakfast included |
Johnson’s
Corner Restaurant
|
|
Secrets
to Creating A Super Controller
By Sandi Jerome |
Denver |
Thursday, July 26 8 to 11 am
breakfast |
William D. Barrow Building
|
|
Peak Performance In Warranty Operations By Rob Campbell |
Denver |
Thursday, July
26 12 to 3 pm lunch included |
William D. Barrow Building (CADA headquarters) 290 E. Speer Blvd, 80203 (SW Corner of Grant/Speer)
CLICK HERE
for seminar flyer and to fax or mail your registration. CLICK HERE to register online. |
|
Secrets
to Creating A Super Controller
By Sandi Jerome |
Grand Junction |
Friday, July 27 8 to 11 am
breakfast |
Doubletree Hotel
|
|
Peak Performance In Warranty Operations By Rob Campbell |
Colorado Springs |
Friday, July 27 9 am to 12 Noon lunch included |
Antlers Hilton Hotel
Colorado Springs
dealers should register through CSADA; Phone:
719.473.1465 |
|
Title Processing Training By various county trainers/staff |
Denver |
Wed., Aug. 22
9:30 am to
lunch included |
William D. Barrow
Building
CLICK HERE
for seminar flyer and to fax or mail your registration.
CLICK HERE to register online. |
|
Title Processing Training By various county trainers/staff |
Denver |
Tues., Sept. 11 lunch included |
Marriott Denver Tech
Center Hotel
CLICK HERE
for seminar flyer and to fax or mail your registration.
CLICK HERE to register online. |
|
Event Description |
Date/Time |
Location |
|
TIME Magazine
Quality Dealer Award Nominations |
DUE: Thursday, July 26 | Nominations are now being accepted for Colorado's TIME Magazine Quality Dealer Award (TMQDA) for 2008. Official nomination forms were mailed to members in May. For more information please contact CADA at 303.831.1722. |
| CADA Management & Leadership Summit |
Wednesday, Aug. 15 (time to be announced) |
Registration form and more details to be available soon. |
|
CADA Annual Golf Event |
Monday, Aug.27
-Noon shotgun start |
Valley Country Club 14601 Country Club Dr. Aurora, 80016
CLICK HERE
for more details on Valley Country Club. |
|
CADA Regional Member Briefings
|
Ten meetings
CLICK HERE
for
a |
Attendees can
register through |
|
MDADA Annual
|
Tuesday, Nov. 27
11 a.m.
to 2 p.m. |
Cherry Hills Country Club |
RED NOLAND NAMED NO. 1 IN CUSTOMER
SATISFACTION
Congratulations to Red Noland Cadillac of
Colorado Springs for being named No. 1 in customer satisfaction
from among 1,600 dealers nationwide. Opened in March of 1974 by
Red Noland, this dealership is now owned by Mike Jorgensen and Thom Buckley,
who serve as vice presidents and partners. The Red Noland Auto Group includes
Cadillac, Saab, Infiniti, Jaguar, Land Rover, and a collision center.
For more information, visit their website at
www.rednoland.com.
* * * * * * * * *
LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!
Have you or anyone else at your
dealership won an award recently? Has 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@cadaonline.org. Also include your contact information
for further follow-up.