November 7, 2007
Volume #1, Issue #45


     - Automotive News at a Glance


     - CADA Responds to Ritter's

       Colorado Climate Action Plan

     - Waste Tire Recycling Fee

       Rate Change

     - Unclaimed Property Reporting


     - D & H Litigation Update


     - Service Director Legal

       Compliance Seminar

     - F&I Resource Center: F&I Associate

       Development and Education


     - Mark Your Calendar:

       Get Away Without Going Away

     - Upcoming Events

     - CADA Regional Member Briefings


     - Ownership Changes at Dealerships
       Across the State

     - Let Us Know About YOUR



for Open Road
       e-newsletter archives.


       CLICK HERE for Bulletin archives.

for Colorado Auto  

for Denver Auto




register online

for various CADA 
seminars & events.




CLICK HERE for detail on the
        Speaker and Educational              


        CLICK HERE for a list of current    
        Endorsed Vendors/Programs


        CLICK HERE for a list of current    
        Allied Members

        CLICK HERE for NADA Regulatory         Affairs information



for the Auto Industry 
of the Colorado Dept.
        of Revenue.


        CLICK HERE for the Title and   
        Registration section
of the
        Colorado Dept. of Revenue,
        Motor Vehicles Division


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CLICK HERE to learn more about NEXT WEEK'S Service Director Legal Compliance Seminar...





Listed here are several articles pertaining to the auto industry that appeared recently in newspapers and other media outlets across the nation.

  • Ritter sidesteps statehouse in union deal
    The Denver Post, Nov. 2
    Gov. Bill Ritter bypassed the legislature and issued an executive order today creating a bargaining partnership with state workers.

  • Auto dealers wary about possibility of Calif. standards
    The Denver Business Journal, Nov. 2
    one has seen Gov. Bill Ritter's plan for curbing greenhouse gases in Colorado.


    But rumors that the plan could include restrictions on the amount of carbon dioxide Colorado cars can emit have riled auto dealers.



    Bill Ritter rolled out a wide-ranging plan Monday to fight global warming that includes a move toward clean-car standards, reducing major utilities' emissions by 20 percent and phasing in mandatory pollution for major greenhouse gas producers. Below are several news articles on the subject:
    Gov. Ritter touts plan to battle global warming, The Denver Post, Nov. 6
    Ritter takes aim at greenhouse gases, Rocky Mountain News, Nov. 6
    Ritter unveils climate plan, The Denver Business Journal, Nov. 5
    Colo. Gov rolls out environmental plan,, Nov. 5
    Ritter announces global warming policy, KUSA 9News, Nov. 5

    Controversy surrounds Ritter's emissions proposal, KWGN CW2, Nov. 6


  • Longmont dealer shifts gears
    Longmont Daily Times Call, Nov. 2
    Longmont Toyota completed its move to Frederick during the weekend and opened for business Monday as the new Stapp Interstate Toyota.

    Stapp Interstate Toyota sales representative Ed Trejo, left, guides customers Warren and Melissa Diggles through some of the features on their new Corolla on Tuesday. The couple began looking at new cars several weeks ago and were driving from their Loveland home to visit Denver dealers when they saw the newly opened Frederick business — the former Longmont Toyota — along Interstate 25.

  • Analysts lower GM estimates
    Detroit Free Press, Nov. 3

    Despite labor cost cuts General Motors Corp. is poised to achieve through its 4-year UAW contract, industry analysts widely lowered their estimates for the company's third-quarter financial results, based on the automaker's large stake in GMAC and pressure on North American auto sales.


  • Incentives helped drive October new car sales

    Detroit Free Press, Nov. 3
    For Detroit automakers and most others, increases or decreases in sales of new cars and trucks last month largely reflected changes in the value of incentives offered.

  • Honda, Toyota lead in fuel efficiency
    FOX News
    , Sept. 26

    Honda and Toyota offered U.S. consumers the highest average fuel efficiency of 2007 model year vehicles, the government reported Wednesday (Sept. 26).

  • Cheney meets with Ford, Chrysler CEOs
    The Detroit News, Nov. 2
    Vice President Dick Cheney met with the CEOs of Ford Motor Co. and Chrysler LLC in recent days in the wake of a push on Capitol Hill for dramatically higher fuel economy requirements.

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.


CADA responds to Ritter's Colorado Climate Action Plan


Gov. Bill Ritter on Monday rolled out the state's first "Climate Action Plan."


The Plan, which includes an agricultural carbon sequestration and offset program, establishes two greenhouse-gas reduction goals: 20 percent below 2005 levels by 2020 and 80 percent by 2050.


CLICK HERE to read more about the Colorado Climate Action Plan, as well as the official CADA response. 







Effective Nov. 1, 2007, the Waste Tire Recycling Development Fee rate increased to $1.50 per tire. Retailers of new tires are required to collect the fee on every motor vehicle tire turned over to the retailer by a tire owner.


The retailer's invoice must show a separate line item for the Waste Tire Fee. The separate line item of the Waste Tire Fee on the invoice is not subject to sales tax. Motorcycle tires are also subject to the Waste Tire Fee. 


Any retailers of motor vehicle and/or motorcycle tires must file the "Waste Tire Exchange Fee Return" (DR 1772) on the same date the retailer's "Colorado Retail Sales Tax Return" (DR 0100) is due.

Colorado Department of Revenue

Taxpayer Service Division 


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A reminder that annual unclaimed property reports were due to the state of Colorado Nov.1. For those who are not familiar with this requirement, every business in Colorado is required to report “unclaimed property” to the state of Colorado, attempt to reach the actual owner(s), report/track these items, and ultimately turn over such funds to the state. The state Unclaimed Property staff has conducted several training sessions for CADA members to bring more awareness to this requirement. In those training sessions, audit staff has commented that almost every dealership will have some unclaimed property.  If you have never reported, the department simply encourages you to begin doing so as soon as possible voluntarily. Audit risk and liabilities can extend back ten years.  A few common examples include:

  • Due Bills and Optional Equipment, Parts and Services

  • Vehicle Deposits

  • Referral Fees

  • Credit Life Premium Refunds

  • Accounts Payable/Accounts Receivable (Credit Balance)

  • Payroll (final wages or commissions)

More information can be found on their web site at the following:  See “Holder Information” on the top menu bar for more specific information on reporting requirements. There are electronic reporting options, forms and free software that is available for tracking purposes.    


CADA has training materials available for purchase on this topic from prior training classes conducted by state auditors. CLICK HERE to view the table of contents for this section; materials are $40. Contact to order. 


NOTE:  You should check the web site above for any unclaimed property that may be due to you individually or to your dealership!!!


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Since the filing of two class actions against several Colorado dealerships alleging that D & H charges constitute the “unauthorized practice of law” and violate the Truth in Lending Act, as well as Uniform Consumer Credit Code (UCCC), both cases have been proceeding slowly through the court system.  

  • Originally filed in state court, both cases were removed to federal court in Denver and various motions were filed by the parties.

  • In October, one of the federal cases was sent back to state court and will now be heard by a state court judge in Adams County. The TILA and UCCC claims were dismissed. There had been some limited discovery in that case, but it will be some time before the case actually goes to trial.  

  • The other case remains in federal court, and the judge is now considering whether to dismiss three of the claims, leaving only one claim pending (alleged violation of TILA). In addition, the judge is also considering whether to dismiss one of the two defendant entities in the case. 

  • No trial dates have been scheduled in either case. 

CADA will continue to monitor these cases and provide updates periodically. To date, no other cases have been filed against other Colorado dealers. Colorado dealers are reminded that it is their choice as to whether or not they charge D & H. However, if a dealer does so, D & H must be charged on all deals—cash as well as credit. Dealers are encouraged to consult with their attorneys concerning the use of D&H and related disclosures.


CLICK HERE to review prior Open Road articles and information on D&H fees and litigation.   



If you have questions on any legal or regulatory topics, 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.


Service director legal compliance seminar


Four legal compliance seminars will be held in November for service directors across the state (see the CALENDAR below for specific dates and locations). The following three timely and valuable topics related to service department best practices and legal compliance will be covered, as well as much more information:

  • Part I : Workers Compensation – Compliance and Best Practices

    Best practices to ensure you reduce your workers compensation

        premiums and costs

    How accidents directly affect profitability


  • Part II :  KPA – Safety & Environmental Compliance Update

    On the surface, you may think you are covered…but are you leaving                         your dealership exposed?

    Dealership fined $37,700 for not having  

        proper A/C certification documentation

    Dealership fined $50,000 for not having DOT


  • Part III : Attorney Michael Dommermuth of McGloin, Davenport, Severson

        and Snow – Service and Repair Law

    Colorado Motor Vehicle Repair Act – Review of 

        often overlooked provisions  

        covering service and repair law.

    Legal provisions and disclosures -

        Including: disclaimers, payment

        terms, lien rights, damage clauses,


CLICK HERE for more information and to download a registration form.


* * * * * * * * *


F&i RESOURCE CENTER: F&I ASSOCIATE Development and Education


At this training session, strategies and techniques will be introduced that are necessary to stay at the controls of the F&I process and address the hot topics in regards to compliance issues and how to grow profit and penetration. Jan Kelly, president and principal consultant of Kelly Enterprises Inc., will utilize her 25+ years of industry experience to train these important areas.


Associate Development and Training
by Jan Kelly of Kelly Enterprises Inc.


Nov. 13-14 from 8:30 a.m. to 4:30 p.m. both days

William D. Barrow Building (CADA headquarters),
290 E. Speer Blvd, Denver 80203


DAY 1           

Package presentation by the book / closing with a Menu

Rules of negotiation – making everyone a winner

Turning Products – VSC, GAP, CL and A&H objections into options

Cash to finance / leasing opportunities


DAY 2            

Deal Documentation / Installment Contracts

Regulation B / Equal Credit Opportunity Act (ECOA)

Regulation M & Regulation Z / Truth in Lending

Fair Credit Reporting Act (FCRA) / Gramm-Leach Bliley Act (GLB)

Safeguard Rules


REGISTRATION: CLICK HERE to download the flyer and registration form. Contact Chad Julius at or 303.319.8039 for more information on this CADA member-only training. Reservations must be made by Wednesday, Nov. 7! Don’t delay…call today and reserve your spot!


* * * * * * * * *







Associate Training and Education
by Jan Kelly of Kelly Enterprises Inc.


Tuesday, Nov. 13 and Wednesday, Nov. 14
8:30 a.m. to 4:30 p.m. both days
William D. Barrow Building
(CADA Headquarters)
290 E. Speer Blvd,  80203
(SW Corner of Grant/Speer) CLICK HERE for more information or contact Chad Julius for registration information at 303.319.8039 or
Service Director Legal Compliance Seminar
by Wells Fargo Insur. Services, KPA, & Attorney Mike Dommermuth
Glenwood Springs


Friday, Nov. 16
8 - 11 a.m.

breakfast included

Hotel Colorado

526 Pine Street

Glenwood Springs, 81601

Phone:  800.544.3998

CLICK HERE to download a registration form.

Service Director Legal Compliance Seminar
by Wells Fargo Insur. Services, KPA, & Attorney Mike Dommermuth


Friday, Nov. 16
12:30 - 3:30 p.m.

lunch included

Holiday Inn Express-Montrose

1391 S. Townsend Ave.

Montrose, CO  81401

Phone:  970.240.1800

CLICK HERE to download a registration form.






Supporting CADA is your ticket to an exciting weekend at the Broadmoor Hotel in Colorado Springs, Nov. 10-11. Please plan to be a part of this special event so CADA can continue to successfully make the impact our industry needs. This is a great way to treat yourself to fall  activities and venues only Colorado has to offer. Tickets include:

  • Room at the Broadmoor

  • Valet parking

  • Activity of your choice, including golf, spa treatments, high tea, hiking/biking the in Cheyenne Mountain, horseback riding

  • Private dinner a the new Summit Restaurant

  • Private cocktail and dessert reception

  • Breakfast in bed (or in the hotel restaurant)

CLICK HERE for more details or CLICK HERE to register online.



Event Description Date/Time Location
Get Away Without Going Away  2007


Nov. 10-11

The Broadmoor Hotel
Colorado Springs
CLICK HERE for more details or CLICK HERE to register online.
CPEx Quest for Excellence VI


Nov. 15-16
CLICK HERE for information on the upcoming workshop to learn how to apply for the Malcolm Baldridge Award.
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 e-mail.
P: 303.831.1722
F: 303.831.9100
NADA 91st Annual Convention & Expo Feb.9-12, 2008 Moscone Center,
San Francisco, CA
Denver International
Auto Show
March 26-30, 2008 Colorado Convention Center, Denver
CADA Golf Event

Monday, Sept. 8, 2008

Columbine Country Club
17 Fairway Lane
Columbine Valley, 80123


Ownership changes at dealerships across the state

Several dealerships across Colorado have changed ownership, including:


Mike Ward has purchased Littleton Infiniti. For several years, Ward was general manager at Kuni Lexus in Littleton.



Garnsey Wheeler in Greeley is now Spradley/Barr Ford Lincoln Mercury of Greeley, Inc., which has also added the following to its dealership:

  • Garnsey Wheeler Ford in Greeley

  • Ehrlich Lincoln Mercury

  • Garnsey Wheeler Ford in Fort Morgan

The owners of this new dealership are Kriss Spradley, William Barr, and Robert Womack.


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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  Also include your contact information for further follow-up.


If you want to be added to our mailing list, please click here.

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


Copyright 2007 Colorado Automobile Dealers Association.  All Rights Reserved.