July 5, 2007
Volume #1, Issue #27

  DEALER NEWS

     - Annual Member Golf Event

     - The Sate Files Amend. 41

       Appeal--But Others Celebrate

       the Injunction With Zeal

     - High Gas Prices Cut Into
       Car Sales in Denver Area

     - June Issue of Bulletin Available

     - Denver Auto Outlook

     - Save the Date: Management
       and Leadership Summit

 

  LEGISLATIVE STATUS REPORTS
     - House Makes Changes

       to Senate Energy Bill
  

  REGULATORY & LEGAL UPDATES
     - How to Overcome the Language
       Barrier & Use It to Your Advantage 


  UPCOMING SEMINARS
     - Title Processing Training

     - Peak Performance in Warranty
       Operations

     - Creating a Super Controller

  CALENDAR OF EVENTS

     - Upcoming Events
     - CADA Regional Member Briefings

  DEALER MILESTONES,
     HIGHLIGHTS & TRANSITIONS

     - Red Noland Named No. 1 in

       Customer Satisfaction

     - Let Us Know About YOUR
       Accomplishments



    ARCHIVES

       CLICK HERE for Open Road
       e-newsletter archives.

 

       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 detail on the
        Speaker and Educational              
        Resources
.

 

        CLICK HERE for a list of current    
        Allied Members
.

 



 
www.nada.org
 


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suggestions regarding this
e-newsletter, please
contact Tim Jackson at tim.jackson@cadaonline.org 

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--------------------------------

CADA announces Regional Meetings...click here to register...


ANNUAL MEMBER GOLF EVENT


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.

 

* * * * * * * * *
 

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.

* * * * * * * * *

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.

 

* * * * * * * * *

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.

* * * * * * * * *

DENVER AUTO OUTLOOK
 

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.

 

* * * * * * * * *

 

 

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! 

 

 

* * * * * * * * *

 

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


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
.

 

  -----------------------------------------------------------------------------------------------------------------------

 

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

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
should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance.

 

 




  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)
 

lunch included

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,
July 25
 

11 am to 2 pm

 

lunch included

Holiday Inn Express-Montrose
1391 S. Townsend Avenue, 81401

Phone: 970.240.1800

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
Loveland

Thursday, July 26
 

7:30 to 10:30 am

 

breakfast included

Johnson’s Corner Restaurant
2842 SE Frontage Road, 80534
(Johnstown exit, #254 from I-25) 
Phone: 970.667.2069

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

Denver

Thursday, July 26
 

8 to 11 am

 

breakfast
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.

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
included

Doubletree Hotel
743 Horizon Drive, 81506
970.241.8888

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

Colorado Springs

Friday, July 27
 

9 am to 12 Noon

 

lunch included

Antlers Hilton Hotel
Learning Center Training Room
4 South Cascade Avenue,  80903
Phone: 719.955.5600

Colorado Springs dealers should register through CSADA; Phone: 719.473.1465

CLICK HERE for seminar flyer and to fax or mail your registration.

Title Processing Training

By various county trainers/staff
Denver

Wed., Aug. 22
 

9:30 am to
2:30 pm
(time is tentative)

 

lunch included

William D. Barrow Building
(CADA Headquarters)
290 E. Speer Blvd
,  80203
(SW Corner of Grant/Speer)
Phone: 303.831.1722

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

9:30 am to
2:30 pm
(time is tentative)

 

lunch included

Marriott Denver Tech Center Hotel
4900 S. Syracuse St., 80237
Phone:  303.779.1100

CLICK HERE for seminar flyer and to fax or mail your registration.

        CLICK HERE to register online.

 


Upcoming events

 

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


-Sponsor Welcome
11:30 a.m.
 

-Noon shotgun start

Valley Country Club

14601 Country Club Dr.

Aurora, 80016

 

CLICK HERE for more details on Valley Country Club.

  CLICK HERE for a reminder flyer to save the date.

CADA Regional Member Briefings

 

Ten meetings
for dealers
across Colorado

CLICK HERE for a
full list of meeting locations, dates and times and to register online.

Attendees can register through
CADA via phone, fax or email .
P: 303.831.1722, F: 303.831.9100
or E-mail: rsvp@cadaonline.org
 

*
Please note different RSVP
for Colorado Springs and
Pueblo meetings. 

MDADA Annual
Membership Meeting

Tuesday, Nov. 27

11 a.m. to 2 p.m.

lunch included

Cherry Hills Country Club
4125 S. University Blvd.
Cherry Hills Village, 80113

Attendees can register through
CADA via phone, fax or email .
P: 303.831.1722, F: 303.831.9100

or E-mail: rsvp@cadaonline.org


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.

 


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

 

Copyright 2007 Colorado Automobile Dealers Association.  All Rights Reserved.