Recent - associationdatabase.com
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Recent - associationdatabase.com
O adaNews NOVEMBER 08 a publication of the Ohio Automobile Dealers Association Arbitration Agreements in Ohio- Recent Case Limits Class Action Waivers Most advocates of arbitration agreements will tout the value of class action waivers as a prime reason for their use in automobile dealerships. If a customer can’t join in a class action for a perceived wrong and must sue a dealership individually, there is less likelihood that the individual will file suit. However, a recent decision in an Ohio court has the potential to limit the use of class action waivers in our state. Utley vs. M.T. Automotive, announced by the Summit County Court of Common Pleas, found that the use of class action waivers in arbitration agreements violate the Ohio Consumer Sales Practices Act. Moreover, the Utley court found that insisting that a consumer sign the arbitration form in order to purchase a vehicle violated the CSPA because such action deceives customers into believing they do not have the right to join a class action. contents A summary of the facts surrounding the case are as follows. In 2006, Mr. Utley, an attorney, and his wife went to the dealership to purchase a new vehicle. The couple negotiated the price of a 2007 Toyota Solara and began signing documents for its purchase when they were presented with an arbitration agreement entitled, “JURY WAIVER AND AGREEMENT TO BINDING ARBITRATION”. Mr. Utley and his wife refused to sign the document and were told by the dealership representatives that they could not sell the vehicle without the arbitration agreement being signed. Ultimately, the Utleys left the dealership without purchasing the Toyota Solara. The next day, the Utleys purchased a 2006 Toyota Solara from a competitor without being required to sign an arbitration agreement. The used vehicle cost $2731 more than the newer model offered by M.T. Automotive. The Utleys then sued M.T. Automotive alleging CSPA violations and requesting damages as well as an injunction. Key Areas of Review for Your Title Work........................................................2 Import Canada & GAP Sales Tax Clarifications Effective Sept............2 Saving Lives in Ohio..........................3 Deciphering ADA Amendments...3 Ad Review Corner...............................4 Safety In and Around the Dealership Seminar..................................................4 Safety Concerns..................................5 The Bono Fide Error Defense ........5 Secrets of Highly Successful Private Companies............................................6 NADA News..........................................7 OADA Convention.............................9 Safety Seminar Registration.........10 DIG Contribution Form...................11 DIG Contributors..............................12 Publisher: Tim Doran Editor: Nikki Bragg All Rights Reserved The information provided in this newsletter is intended for general knowledge purposes only and is not intended to be the furnishing of legal or other professional advice. If legal advice or other expert assistance is required, the services of appropriate advisors should be sought. After trial, the Court did not award the Utleys damages for the difference in price of the two vehicles, but did award reasonable attorney fees. More damaging to those dealers who use arbitration agreements, the Court issued a declaratory judgment that an automobile dealership’s act of knowingly refusing to sell a consumer good www.oada.com unless the consumer agrees to waive his rights to act as a private attorney general or join in a class action violates the CSPA. The Utley Court relied on a 2004 Ninth District Court of Appeals case, Eagle v. Fred Martin Motor Co., in making its decision. The Eagle decision provided a step by step approach to determine whether an arbitration agreement was enforceable and found that even if the parties to the agreement understood its terms, it could be unenforceable as a matter of public policy. According to Eagle, Where an arbitration clause expressly limits a consumer’s right to proceed through a class action, the consumer protection purposes of the CSPA were hindered. Utley relied on this language in its decision and further found that insisting on the execution of the arbitration agreement as part of the sales transaction violated the CSPA. What does all of this mean to you? This decision, while not binding on courts outside the 9th District, could be a tool used by attorneys statewide to persuade their courts to limit the use of arbitration agreements. Certainly, dealers in Summit County and the other counties in the Ninth District (Wayne, Medina, Lorain) need to be aware that jury waiver provisions in non-negotiable arbitration agreements will make them a target for consumer lawsuits which have the potential to result in expensive litigation and treble damage awards. The same is true if customers are unable to negotiate terms or refuse to sign the agreement. All dealers should review their arbitration agreements and determine if they are fair to both parties. < november 2008 1 Avoid Costly Delays at the Title Office – Key Areas of Review for Your Title Work Article provided by Robert Posey, Dealer Services Liaison, John O’Grady, Franklin County Clerk of Courts. Your sales rep has done his or her job—the customer has purchased the vehicle, and all that’s left is to finish up the paperwork and transfer the title. Seems like that would be the easy part, right? However, this critical step, if not performed properly, can cause delays, anguish, and even unwind the deal your sales rep just successfully made. • ♦♦ mileage is recorded in kilometers and needs to be converted to miles ♦♦ Dealer permit numbers and or Leasing permit numbers missing Signatures and notary stamps are placed so that other important information is covered or obscured ♦♦ MCO issues ♦♦ The title or MCO is not the vehicle on the application In an effort to make certain all your submitted title applications are processed, paid for, and returned to you in a timely fashion, review this checklist of the reasons that applications are most frequently sent back to you: ♦♦ Writing on the application is illegible ♦♦ Social Security and/or Employer Identification Number are missing—or there are 2 owners but only one social security number. ♦♦ ♦♦ Out-of-State assigned titles, reassigned out of state titles: The fees submitted are not enough to pay for the number of deals. • ♦♦ You can eliminate this by joining our Electronic Funds Transfer account procedure. Please contact me if you would like further details on the ETF application. Mileage errors: • • • • mileage is recorded lower on title assignment or odometer statement than on the front of the title mileage is recorded with erasures or changes mileage is recorded as actual but the previous title was branded “exceeds mechanical limits” or “non-actual” mileage is missing • • • • • • • The wrong seller is recorded on the application Many out-of-state titles are reassigned; please use the last seller on the assignments as the seller on your title application The buyer has not signed on the actual out-of-state title The sale date is not recorded The mileage area on the out-of-state title is missing The VIN on the title does not match the application The out-of-state inspection is more than 30 days old or is missing • ♦♦ Always include an application for title with any manufacturer’s certificate of origin, plus all supporting documents such as odometer, power of attorney or sworn statement. Affidavits and replacements • • If you are requesting a correction or correcting something on your paperwork, the sworn notarized statement must accompany the paper work If you are requesting a replacement title, always include a signed application and check the replacement box on our application The Franklin County Clerk’s office is always willing to do what we can to help ensure an easy title transaction. However, like any legal document, the proper procedures must be followed to the letter. A periodic review of these procedures with your sales, F& I, and titling staff can help ensure this process operates smoothly for everyone. Robert Posey may be reached at (614) 462-3090. < Reminder: Important Canada & GAP Sales Tax Clarifications Effective September 25 The legislature recently made two dealer-related sales tax clarifications that will be effective September 25, 2008: Canadian Sales: OADA worked with legislators to add Canada to the list of states/ jurisdictions whose residents will be exempt from Ohio sales tax on motor vehicle purchases made in Ohio because Canada does not give credit for tax paid in other jurisdictions. This change becomes effective beginning 9/25/08. 2 november 2008 OADA pursued this change in response to numerous requests from dealers whose Canadian business has been impacted as a result of last year’s non-resident sales tax changes. GAP Product: Although GAP product sold in Ohio has been subject to sales tax for years, from time to time there have been questions regarding its taxability. In response, the legislature clarified that GAP product sold ohio automobile dealers association in motor vehicle sales transactions is taxable, similar to extended service contracts and other products sold by dealers. Since dealers in Ohio have been taxing GAP product for years, this clarification – also effective 9/25/08 - should have little impact on dealership operations. Dealers may contact OADA with any questions regarding these upcoming clarifications. < Saving Lives in Ohio: ID R Kids and Next of Kin Registration By Mike Rankin, Esq., Registrar of the Ohio Bureau of Motor Vehicles (“BMV”) When a child is missing or abducted, time is of the essence. To improve the odds of a live recovery, getting that child’s photo and abductor information out to other police agencies and the public through the news media is critical. Likewise, when we or someone we are close with experiences a life threatening accident, illness or other medical emergency that lands them in the hospital, getting prompt notification to that person’s next of kin can save a life or simply allow some precious time with a loved one before they expire. To help improve how we protect our children; and, notify next of kin when a person is hospitalized with a critical medical emergency, the Ohio Department of Public Safety (ODPS) has taken the lead through its BMV to make this happen. Ohio’s ID R Kids initiative is a recent statewide effort to encourage all Ohio parents and guardians to bring their minor children in to their local Ohio Deputy Registrar to secure a state ID for them. The process is simple: bring the child with birth certificate and social security card to any one of Ohio’s 214 Deputy Registrar License agencies. A state ID is the only ID that puts the child’s photo, name, address, date of birth and next of kin contact information in the BMV database so only police may immediately access this life saving information if the child is missing; abducted or injured. Parents or guardians can be quickly contacted and if necessary, the child’s photo sent to police and news media outlets statewide or tion from the registrant’s NOK. The end result is NOK’s ability to save lives; reduce police time spent trying to locate next of kin and reduce medical malpractice claims. “In an emergency situation, time is critical to saving lives,” said ODPS Director Henry Guzmán. “This is yet another way we can all work together to be better prepared to respond, or help the public respond, to an emergency.” BMV Registrar, Mike Rankin nationwide if an Amber Alert is warranted. The cost is $8.50. Ohio’s new Next of Kin (NOK) registry is a perfect compliment to ID R Kids. In its first three weeks of operation, NOK has seen more than 30,000 Ohioans with an Ohio driver license or state ID, register their next of kin contact information. People may sign up for it online at www. ohio.bmv.gov. It allows all registrants to list up to two trusted persons to be identified in the BMV database as Next of Kin. Only police can access the NOK information; it costs nothing to register; takes maybe 3-4 minutes to sign up for; is protected information not subject to public records requests; and, allows police to gain crucial informa- The success of both ID R Kids and NOK will depend on securing greater participation by raising public awareness. It may take a few years to get the majority of Ohio’s 8.6 million persons holding an Ohio driver’s license or state ID card to sign up for this voluntary registry, however the effort will be well worth it. Getting parents or guardians to secure a state ID for their children is already showing results with a 3 percent increase in state IDs being issued to children in 2008 over 2007. Saving lives and improving public safety are the fruits of ID R Kids and the Next of Kin registry and represent the overall mission of the Ohio Department of Public Safety. Mike Rankin is the Registrar in charge of the Ohio Bureau of Motor Vehicles, a division of the Ohio Department of Public Safety. He is a 29 year practicing attorney; former asst. prosecuting attorney; and, serves on the Board of Directors for the American Assn. of Motor Vehicle Administrators. < Deciphering the ADA Amendments By James Kurek, Esq., Millisor & Nobil Co., L.P.A. The ADA Amendments Act of 2008 (“ADAAA”) was signed into law by President Bush on September 25, 2008. The new law, which will become effective January 1, 2009, was widely supported by Congress. As stated in the “Purposes” section of the Act, a primary purpose of the ADAAA is “to carry out the objectives of the Americans with Disabilities Act of 1990 (“ADA”) of providing “a clear and comprehensive national mandate for the elimination of discrimination” and “clear, strong, consistent, enforceable standards addressing discrimination” by reinstating a broad scope of protection to be available under the ADA. One purpose of the ADAAA was to overturn two significant decisions by the United States Supreme Court under the ADA. The ADAAA rejects the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) where the terms “substantially limits” and “major life activities” as used in the ADA resulted in a narrow interpretation of the types of impairments that would be protected under the ADA. The ADAAA includes new sections defining “major life activities,” “regarded www.oada.com as having such an impairment” and rules of construction regarding the definition of “disability.” For example, the ADAAA specifically directs that the definition of a disability should be construed in favor of “broad coverage of individuals under the Act.” Furthermore, an impairment that is “episodic” or “in remission” is still a disability if it would “substantially limit a major life activity when active.” The ADAAA also rejects the Su- ADA Amendments continued on Page 11 november 2008 3 OADA’s Educational Seminar Series Presents: Safety in and Around the Dealership All dealership personnel responsible for safety compliance are encouraged to attend. Radio & TV Disclosures & 1-800 Numbers Although most advertising compliance issues involve print advertisements, don’t forget that your radio and TV ads have to comply with the same laws and regulations. The Ohio Consumer Sales Practices Act and the federal Truth in Lending Act as implemented through Reg. Z (sales) and Reg. M (leases) govern your ads, no matter what media you use. Here are a few tips for ad compliance when advertising via either radio or TV. The radio equivalent of “mouse type”, the newspaper print so small that a magnifying glass is required, is “fast talking”. Radio advertisements must be composed for normal reading, rather than speed-reading. The disclosures must be audible and understandable. Leaving two seconds in a sixty second spot for disclosure of all credit or lease terms isn’t likely to allow consumers to hear and understand the disclosure. On television, disclosures must be large enough and remain on the screen long enough to be read by the average person. Again, if disclosures are in mouse type and cannot be read by the TV viewer, the advertisement does not clearly and conspicuously disclose material terms. Admittedly, it is probably one of the least exciting topics we talk about, yet it might be one of the most overlooked issues that can significantly affect your bottom line. All dealers know programs such as “Right to Know”, PPE, flammable storage, fire extinguishers, forklift training, respirator training, just to name a few, are required by law. It is also known that the most frequent and generally severe injuries occur in the back end of the store. These injuries inevitably affect a dealer’s workers’ compensation costs, which can cost a dealership thousands and even tens of thousands of dollars a year in premiums. Is your dealership familiar with these new compliance developments: • If you have a body shop, U.S. EPA has enacted new hazardous air pollutant standard for sources engaged in surface coating of motor vehicles. Learn the details regarding this new standard so that you can be ready to meet the compliance deadline. • OSHA’s new rule clarifying that employers must pay for employee’s PPE. Is your dealership still struggling with: • DOT - The Department of Transportation (DOT) requires training and certification for all employees who ship, load, unload, receive, or even handle hazardous materials. Non-compliance has led to large fines. • Is OSHA’s Respiratory Protection Program and its requirements still creating compliance issues at your dealership. For lease disclosures, a reference to an 800 phone can be used to make a very limited number of disclosures. However, most disclosures required when a triggering term is used must be disclosed in the Ad Review Corner continued on Page 11 4 november 2008 ohio automobile dealers association Get answers to such questions as: • What programs are actually required • How do you evaluate Personal Protective Equipment (PPE) requirements • How to conduct safety training for employees • Record retention requirements • The elements of “Right to Know” and Emergency Response • Common OSHA violations This program will be taught to give participants the maximum opportunity to ask questions. KPA, the acknowledged leader in providing safety and environmental compliance services since 1986, currently works with over 3,000 dealers across the country and Ohio . Regulatory agencies place the full burden of compliance on business. OADA and KPA are offering this seminar to assist and inform dealers of the applicable requirements and the importance of safety. If you have additional questions, please contact DeAnna Zahniser at (800) 686-9100 or (614) 766-9100, ext. 109. This is a great opportunity to spend the morning with experts in the field of safety at the dealership. Be sure to take this opportunity to learn and implement these safety strategies. See the OADA Educational Seminar Series enrollment form in this issue of OADA news or register by logging onto www.oada.com or by calling DeAnna Zahniser at (800) 686-9100. < Eye Protection – Eternal Vigilance Eye protection, it’s a topic that never seems to go away. Every year “foreign bodies in the eye” and “corneal abrasions” are two of the three most frequent injuries for OADA members. Typically, dealership employees loudly proclaim their inability to understand how eye injuries happen. Of course, all of them wear their eye protection! In the past KPA engineers have brought video cameras to dealerships. Upon meeting with the service manager first thing in the morning, the two walk around the shop taking unobtrusive video shots of the techs at work. At the safety meeting at noon, the technicians are then treated to a color video that typically shows more than a third of them working with air impact tools or dangerous chemicals without eye protection! The point here is that eye injuries are not like being struck by lightning. There is always a high probability of them happening and the consequences are almost always serious. The message? Eye and face protection require “eternal vigilance” on the part of management! There is a lot of technical detail in the federal regulations that apply to eye and face protection. Here is the part that counts: Each employer shall use appropriate eye and face protection when exposed to eye or face hazards from flying particles, liquid chemicals, acids, or caustic liquids, chemical gases or vapors, or potentially injurious light radiation. Normally this means that people in the service department, body shop, and detail area should be wearing approved eye protection when: • • Operating a grinder. Cutting keys in the parts department. • • • • • Sanding or buffing vehicles. Working under vehicles on lifts. Welding - Welders should wear welding helmets. Using compressed aerosols. Handling hazardous materials in bulk. What is proper eye wear? Proper eyewear, according to the federal regulations: • Provides side protection is there is a hazard from flying objects. • Should be properly shaded where there is exposure to injurious light rays. • Where the employee wears corrective lenses, the proper eyewear will consist of safety spectacles with the correction, goggles to fit over spectacles or protective goggles with protective lenses mounted behind the protective lenses. (emphasis added) Eye damage to an employee, especially for lack of management involvement in the safety process, can be a sad, demoralizing, and very expensive experience. Again - the answer to eye protection really is “eternal vigilance” by management. For more information concerning safety in the dealership, contact Tiffany Hammer or Nick Hardesty of KPA at (888) 6622663. < The Bono Fide Error Defense – Is Your Dealership Doing All It Can To Defend Consumer Complaints? When we talk about the Ohio Consumer Sales Practices Act (CSPA) it is often easy to walk away thinking that these statutes and rules only protect consumer interests. Clearly the law was written with consumer protection in mind, however, Ohio’s law does provide dealers and other suppliers a defense that can significantly limit liability under certain circumstances. O.R.C. 1345.11 provides a “bono fide error defense” when a supplier can show by a preponderance of the evidence that it has established procedures reasonably adopted to avoid the error and, notwithstanding those procedures an error occurs. So what is the benefit of establishing a bono fide error defense? Well it can mean a lot. Normally if a dealer is found to have violated an administrative rule or the suit is based upon an act or practice previously determined to be a court to be unfair, deceptive, or unconscionable, the consumer is entitled to one of two remedies. The consumer may rescind the transaction or receive three times the amount of the actual economic damages, receive up to $5,000 in non-economic damages, and pay the consumer’s attorney fees. prevent errors from occurring. This requires establishing a policy and then training employees to follow the policy. Remember the key for this defense is that we have identified ways to avoid violating the law, and we have done our best to ensure that the violation does not take place, but it does anyway. However, if a dealer can establish a bono fide error defense the remedies are limited to rescission or the consumer’s actual damages and no attorney fees will be awarded. Many times dealers fall short in implementing procedures or if procedures are implemented we do a poor job of ensuring that the procedures are regularly followed. By eliminating the trebled damages and attorney fees, the dealership effectively takes the consumer attorney out of the equation, thereby increasing the chances for a swift equitable settlement. For example, the CSPA requires that dealers disclose a vehicle has been a rental vehicle when the dealer has knowledge of this prior use. Failure to make such a disclosure is an unfair and deceptive act or practice. Let’s say our dealership implements a system that is So why don’t dealers always raise the bono fide error defense in every case? To raise a bono fide error defense the dealership must maintain procedures reasonably designed to www.oada.com Bono Fide Error Defense continued on Page 8 november 2008 5 Secrets of Highly Successful Private Companies Mike Henning’s “All in the Family” Column Recent surveys indicate the greatest challenge for business owners today is competition. This out-scored regulations, taxes and labor cost. In the same surveys, those who indicated they have a written business strategic plan totaled 31 percent. That leaves 69 percent not planning for the future of their companies, but simply hoping against hope that “a good plan would come together.” and how it will do it. The combined answers to many of these questions (see a sample of questions at end of article) deal with strategies for the company in the future from an operational and environmental viewpoint. Once complete, the answers to these questions will lead the group directly to its vision or mission for the company. In a time of fierce competition and an uncertain economy, business owners and top management are searching for methods to truly out-think and out-maneuver the competition. Books are being written by the dozens, but most seem to repeat what was written in past decades. However, one book is different. Good to Great by Jim Collins has a few ideas from his extensive research that make his book a must read. Strategic thinking is the process that seems to go on inside the mind of most company owner/presidents as well as other key people that help them determine the “appearance” of the organization at some point in the future. The composition of the company may clearly be different than it is today. This process reminded me of a painter I watched do his paintings on stage in front of a large audience as part of their entertainment that evening. This artist would begin by painting 80 percent of a celebrity, then continue to complete the person so all could identify it. He wasn’t finished at this point because he could go forward and make a few small/large changes, and what was once Jerry Lewis became Steve Martin or Liza Minelli. It is this picture or profile that will determine the direction, nature, and composition of the business. Decisions that “fit” within the parameters of this profile are implemented, and decisions that do not “fit” the profile are rejected. Our experience indicates people who are accustomed to planning in the past, will continue to plan for the future of their companies, and do it extremely well, consistently, in a timely fashion and follow-up with implementation and accountability. We have discovered the key to success is working to create a plan with meaning for the planners, their support people and employees. Clearly, the secret is simple (not necessarily easy). It is planning for the future of the business on a consistent basis and creating a workable plan. We know owners and management teams that will allocate up to 2 percent of their working hours for planning purposes. Indeed, this is called “creating a culture of CHANGE.” What Goes Into a Workable Plan? Both strategic planning and strategic thinking go into a workable and usable plan. Let me explain. Once the owner/ president selects the 6 to 8 people to make up the planning/thinking team, a place for the two-day meeting is chosen, and we ask members of the team to answer sixteen questions in preparation for our sessions. These questions prepare the team members to think strategically, discuss the future of the company and evaluate the environment in which it might operate. Team members are prepared to discuss the answers to these sixteen questions of which the lion’s share deal with the future direction of the company, how it will look 3, 5, or 7 years from now, what it will be doing 6 november 2008 Strategic Thinking It is this operational planning and the strategic planning that will lead the team members to actually perform strategic thinking about the company’s future. Creating a Culture of Planning/Implementing Planning leads to change-which leads to communication-which leads to employee participation, implementation and growth. For example, one company I worked with several years ago initiated a planning and thinking process about their company, and how it might look 5 years down the road. At that time this mattress manufacturer had a plant in the Southwestern part of the country, produced, marketed and profitably sold thousands of units. Today, some 6 years later, the company is essentially out of the manufacturing business in the U.S. and has several plants in other countries where the mattresses are built and imported to the U.S. market. The ohio automobile dealers association original plant in the states now serves as an assembly plant for certain bedding products and a distribution center for accessories in bedding and bath products. The picture of the business has changed dramatically in just five short years. Growth has been terrific followed by higher margins. The things that serve as physical indicators for a company’s direction, strategy, and eventual look might include: its product catalog, the right people in the right positions for the company, the markets it serves, its competitors, customers, suppliers, its market segments, research and development budget, and facilities. Most importantly, which products do the company continue to offer and discontinue? To which customers do we offer these products/services and which ones do we not offer them to? Which market segments do we seek and not seek? Which areas of the world/country/region do we pursue or not pursue? How many steps of distribution can our market and industry afford? The End Result The end result of strategic planning must produce a very clear profile of the products, customers, market segments, and geographic areas that the strategy of the business lends itself to and will receive emphasis, and those that will not receive emphasis in the future. Sample Questions • What would be the ideal customer mix for your company? • What should your product/service mix be in three years? • Define your company’s “core competency” as specifically as possible. • If I invested $1 million in your company, what could I expect to be done with it? • What major action needs to be taken to increase revenues? This article appeared in Mike Henning’s Family Firm Advisor newsletter, for more information about receiving one free copy of our newsletter, visit us at our web site: www.mikehenning.com, e-mail: hfbc@ mikehenning.com. or call -- 217-342-3728. Mike Henning is a nationally and internationally respected consultant and speaker on family business issues. < NADA News A Message from Ohio NADA Director, Chuck Eddy NADA Working to Improve Auto-Financing Difficulties America’s financial liquidity crisis, created by mortgage lending, is constraining the availability of auto credit, which is the lifeblood of both dealerships at the wholesale level and car buyers at the retail level. Industry experts agree that the economics of auto financing are sound and that vehicle financing did not cause the current crisis. Nonetheless, banks and finance companies are reluctant to lend. Consumers—even those with good credit—are finding it increasingly difficult to get financing. To address the issue, NADA is moving forward on several fronts. First, NADA is meeting with the major associations representing the banking and financial services industries to emphasize the fundamental soundness of the existing auto-finance model and to highlight the fact that it is, therefore, in the economic interests of finance sources to continue making credit available for automotive retailing. In addition, NADA is supporting congressional efforts to stabilize liquidity in the economy and provide government funding that would make available $25 billion in loans for the auto industry. Our message to the financial community and Congress is simple: Auto financing is sound. We just need liquidity to do our jobs. —Annette Sykora, NADA chairman In other NADA news… • Jobs posted on NADA’s job board, Automotive Careers Online, have accrued nearly 10,000 views and as many as 250 views for a single job posting since the site was launched in March. “That’s a solid return on investment for employers registered for the site,” says John Lyboldt, NADA vice president of dealer operations. “More than 500 job seekers have registered for the site and many have applied for dealership jobs.” Automotive Careers Online is a dedicated job board exclusively for NADA members to post openings. Job posting packages start at $200 for a 30-day listing, which is a fraction of the cost of other commercial job boards and classified ads. Employers set the skills criteria for openings. E-mail alerts notify an employer of matching candidates once a resume is posted. The site is free for job candidates, who can post resumes and search for dealership careers. To sign up, visit www.AutomotiveCareersOnline.com. • NADA’s immediate customer follow-up and complaintresolution program, NADA-24, recently completed its five-millionth interview. Launched in 2005, the program provides feedback to dealers the day after a customer buys or services a vehicle, enabling quick responses to customer problems and helping to build loyalty. Customers are contacted and asked three questions to gauge their level of satisfaction. Visit www.nada-24.com for more. • NADA has presented its Capitol Achievement Award to Gary Williams, president of the Wisconsin Automobile and Truck Dealers Association. The award, presented in conjunction with the NADA Washington Conference in September, recognizes a dealer or Automotive Trade Association Executive (ATAE) who goes above and beyond the call of duty on Capitol Hill. Williams will retire this year after more than 37 years of service. • NADA has recognized 20 dealerships that took part in the NADA Energy Star Challenge and cut electricity or natural-gas consumption at their stores by at least 10 percent since January 2007. Three dealers received gold-level status by cutting their energy use 30 percent or more: George Haddad, Haddad Toyota, Chuck Eddy, Pittsfield, Mass.; Jim Hand, Hand Ohio NADA Director Motors, Manchester Center, Vt.; and John Lambert, Lambert Auto Sales, Claremont, N.H. (Hand and Lambert were also among the 13 winners of the 2008 Energy Star Small Business and Congregation Awards—announced by EPA on Sept. 16.) In addition to the gold level, NADA recognizes a silver level for dealers who cut energy 20 to 29 percent, and bronze, for those who cut energy 10 to 19 percent. For more, visit www.nada.org/energystar. • Silver-level dealers: Bill Currie, Bill Currie Ford Lincoln Mercury, Tampa, Fla.; Bill and Bob Weiss, Crest Chevrolet and Crest Chrysler, North Conway, N.H.; Jeffrey Wall, George Wall Lincoln Mercury, Shrewsbury, N.J.; Jim Fyles, Gil’s Jeep, Stratham, N.H.; Dennis Roberts, Hillsboro Ford, Hillsboro, N.H.; David Lynch, Lynch Chevrolet, Burlington, Wis.; and John McEleney, McEleney Auto Center, Clinton, Iowa. • Bronze-level dealers: Dennis J. Gaudet, AutoServ Tilton, Tilton, N.H.; Karl Wuesthoff, Concours Motors, Glendale, Wis.; Ed Reilly, Ed Reilly Subaru, Concord, N.H.; Paul Holloway, Holloway Mercedes-Benz, Greenland, N.H.; Rich and Linda Lovering, Lovering Volvo at Nashua, Nashua, N.H.; Susan McFarland Moynahan, McFarland Ford, Exeter, N.H.; Chuck Dupler, Nissan of Keene, Swanzey, N.H.; Doug and Greg Grant, State Motors, Manchester, N.H.; and Dan Enxing, Subaru of Nashua, Hudson, N.H • Ford Motor Co. president and CEO Alan Mulally will give the keynote address at the opening session of NADA’s convention, being held Jan. 24-27 in New Orleans. Before joining Ford in 2006, Mulally was executive vice president of the Boeing Co. and president and CEO of Boeing Commercial Airplanes. Other speakers include President George H.W. Bush and former NFL quarterback Archie Manning. Registration for the convention is open, and 10 hotels are already sold out. For more, visit www.nada.org/convention. • Both exhibitors and attendees planning to attend the 2009 NADA convention in New Orleans may receive e-mail solicitations, phone calls, direct mail or other forms of communications from vendors and contractors claiming to be endorsed or approved by NADA, which many are not. Be on the lookout for these types of solicitations. Following is a list of official NADA vendors and contractors: NADA News www.oada.com continued on Page 8 november 2008 7 NADA News continued from Page 7 • Freeman (Service Contractor) • PSAV Presentation Services (Audio/ Visual) • CCR Events (Computer Rental) • National Plant & Floral, Inc. • Experient (Lead Retrieval) • HMI – Holiday Models, Inc. • Oscar Einzig (Photography) • Marshall Robinson & Associates (Security) • Experient (Housing – Exhibitor & Attendee) • NADA’s AutoExec Department (Advertising/Sponsorships) Please use caution when dealing with any solicitations from companies that are not on this list. Contact NADA conventions at (703) 821-7141 if you have any questions. • The complete audio and video content of 19 NADA Management Education virtual seminars from the past year is now available. Each seminar archive contains the original presentation from 2007 or 2008, and can be accessed for up to six months. The cost of each seminar is $99. Archived virtual seminars are available for the following topics: • • • • • • Variable operations Fixed operations F&I Legal issues Business management Trucks For a complete list of archived seminars or to place an order, visit www.nada. org/seminars, or call 800.252.6232, Ext. 2. • NADA Used Car Guide has introduced two additional trade-in value categories to help businesses better define used-vehicle pricing for a broader spectrum of vehicles. Beginning this month, new “Rough Trade-In” and “Average Trade-In” values are included in all guide electronic products, and will be part of the printed guidebook this month as a complement to the existing “Clean Trade-In,” “Clean Loan” and “Clean Retail” values. The majority of vehicles in the wholesale market—about 50 percent—are considered “average” in condition, according to NADA market data. Vehicles in the “clean” category represent about 15 percent of the market, while those in the “rough” category—typically considerably damaged 8 november 2008 but not “salvage” vehicles—are about 20 percent. The remaining vehicles fall into the “extra clean” or “salvage” category. For more on the guide’s vehicle value categories, as well as its full lineup of electronic and print products and services, visit www.nada.com/b2b. • NADA Insurance announces that its hole-in-one insurance program, ACECO, will host a charitable golf tournament in conjunction with the 2009 NADA Convention in New Orleans, set for Jan. 24 to 27. The inaugural “Dealers for Charity Golf Tournament” is slated for Friday, Jan. 23, at TPC Louisiana, the only PGA TOUR golf course in the state. The challenging 7,300yard, par-72, Pete Dye-designed course is set among bayous and old-growth cypress trees. Built in 2004, it is home to the prestigious PGA TOUR Zurich Classic of New Orleans. All proceeds from the tournament will benefit the Brees Dream Foundation, a charitable organization founded by New Orleans Saints quarterback Drew Brees and his wife Brittany. If you’re interested in a sponsorship, contact tournament director Alicia Rodriguez at 888.828.8540 for details. The tournament is open to NADA members only. Fees for the 144-person tournament are $300 per person or $1,200 per foursome. Register online at www.ACECOinsurance.com. In regulatory news… • NADA has finalized two new publications aimed at helping dealers comply with several new federal legal requirements. All members will receive a free printed copy of A Dealer Guide to the FTC Affiliate Marketing Rule (L51) and Electronic Disclosure Rules for Dealership Online Commerce (L52) via mail. However, because the Oct. 1 compliance deadline for each of these new rules is approaching, NADA Management Education is making these two publications available immediately, in PDF form, free to members upon request. Send an e-mail to Management Education at me@nada.org with your request and member identification number. • Individuals and organizations with 25 or more trucks, tractors or other heavy vehicles used on highways are required to make their excise tax filings with the Internal Revenue Service electronically, rather than by paper. Form 2290, Heavy Highway Vehicle Use Tax Return, is used to report and pay highway-use excise taxes. E-filing of Form 2290 began in August 2007. Electronic filing ohio automobile dealers association streamlines the processing of Form 2290. It is safer and more reliable than paper filing and reduces preparation and processing errors. Another advantage of e-filing Form 2290 is that taxpayers don’t have to wait for a stamped version of the Schedule 1, Schedule of Heavy Highway Vehicles, to be returned by mail. They will almost instantly receive the equivalent of a stamped version electronically. For additional information, contact NADA/ATD Regulatory Affairs at regulatory@nada.org. To view the entire press release, visit www.irs.gov/newsroom/ article/0,,id=185565,00.html. < Bono Fide Error Defense continued from Page 5 reasonably designed to identify each and every rental vehicle we may sell so that our sales staff may make the proper disclosures. We train the sales staff accordingly. If we sell 200 rental vehicles a year and one is sold without disclosure, our dealership is in a good position to argue bono fide error; we have a procedure to avoid this mistake yet it happened anyway. Contrast these results with the dealership that believes they have a system but when the deals are audited, we find that 85 of the 200 rentals sold are not disclosed. It is fair to say that either we really don’t have a system or if we have one it’s not particularly effective in preventing the violation. Some Examples for establishing a Bono Fide Error Defense • Color code prior rentals, factory official, and demonstrators • Have an internal checklist of paperwork to be included in each deal • Have procedures to verify internet prices are accurate and are the same as vehicles advertised elsewhere • Train! Have polices in writing, periodically train current employees and all new hires Remember, the key to a bono fide error defense is implementing the procedures and making sure the procedures are followed. If the system implemented does not get good results it is not a good defense. < 2009 OADA Convention April 22-25, 2009 Disney’s Grand Floridian Resort & Spa Lake Buena Vista, Florida Visit Disney’s Grand Floridian Resort and Spa at www.disneyconventionears.com REGISTER TODAY FOR THE OADA CONVENTION AND BRING YOUR KEY MANAGERS! Great speakers, legislative & legal updates, Town Hall meeting and much more! Please return your completed registration form to: Sheryl McGavern Ohio Automobile Dealers Association 655 Metro Place South, Suite 270 Dublin, OH 43017 Phone: 614-923-2228 Fax: 614-766-9600 Visit www.oada.com for more Convention Information OADA Educational Seminar Series Presents........ Safety in and Around the Dealership Thursday, November 6, 2008 Crowne Plaza Columbus Dublin The seminar will be held in one location, centrally located in Columbus. Registration begins at 8:00 a.m. The seminar will begin at 8:30 a.m., and conclude at noon. Registration fee for members is $95.00 per person, and $225 per person for non-members. We have heard it all before, 90% of all workplace injuries are caused by the unsafe acts of people. The key therefore is to encourage people to act more safely by creating a “culture of safety” within the dealership. The best way to do that is by instituting a safety program. The question remains, is the investment of a safety program really cost effective? In a recent survey, 86% of executives responding felt that workplace safety provided a return on investment. Nearly two thirds of the respondents felt that they saved $3 for every $1 invested in safety. If these reasons for having a safety program are not convincing enough, think about this; the average workers compensation medical-only claim costs $800. Medical-only claims are generally “minor” injuries where the injured worker misses little or no work and receives minimal medical treatment. Assuming a pretax margin of 2%, we have to generate an additional $40,000 in sales to cover the cost of this “minor” injury. While the reasons for implementing a safety program certainly are compelling, the reality is that implementing a safety program can be a confusing process. Where do you start? OADA in conjunction with KPA, the largest provider of safety and environmental compliance services for dealers in the country will be offering this valuable seminar outlining the basic requirements of a safety program in the dealership setting. All dealers know programs such as “Right to Know,” PPE, flammable storage, fire extinguishers, fork lift training, respirator training, and emergency response, just to name a few, are required programs by law. This program streamlines, simplifies, and answers your questions so that you will have the basics you need to assure your dealership has compliance know-how. Is your dealership familiar with these new compliance developments: • • (formerly the Wyndham) 600 Metro Place North Dublin If you have a body shop, U.S. EPA has enacted a new hazardous air pollutant standard for sources engaged in surface coating of motor vehicles. Learn the details regarding this new standard so that you can be ready to meet the compliance deadline. OSHA’s new rule clarifying that employers must pay for employee’s PPE Is your dealership still strugging with: • DOT - The Department of Transportation (DOT) requires training and certification for all employees who ship, load, unload, receive, or even handle hazardous materials. Noncompliance has led to large fines. • Is OSHA’s Respiratory Protection Program and its requirements still creating compliance issues at your dealership? Get anwers to such questions as: • What programs are actually required • How do you evaluate Personal Protective Equipment (PPE) requirements • How to conduct safety training for employees • Record retention requirements • The elements of “Right to Know” and Emergency Response • Common OSHA violations This program will be taught to give participants the maximum opportunity to ask questions. KPA, the acknowledged leader in providing safety and environmental compliance services since 1986, currently works with over 3,000 dealers across the country and Ohio. Regulatory agencies place the full burden of compliance on business. OADA and KPA are offering this seminar to assist and inform dealers of the applicable requirements and the importance of safety. So register today. If you have additional questions, please contact DeAnna Zahniser at (614)923-2231 or dzahniser@oada. com. Registration Form Safety in and Around the Dealership Registrant Name (s) Dealership Name Address, City, State & Zip Telephone ( ) Payment: Check No. Fax ( ) Credit Card: Visa/MC # E-mail exp. Return to: OADA • 655 Metro Place South, Suite 270 • Dublin • Ohio • 43017 or fax to 614-766-9600 You can also register by logging onto the OADA web page at www.oada.com, or by calling 800-686-9100. ADA Amendments Continued from Page 6 preme Court’s reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999), which held that mitigating measures could be considered in determining whether an impairment in fact substantially limits a major life activity. The ADAAA specifically provides that the foregoing determination must be made “without regard to the ameliorative effects of mitigating measures,” including medication, medical supplies, equipment, appliances, prosthetics, hearing aids, mobility devices, and other aids or assistive devices, as well as learned behavior or adaptive neurological modifications. However, the ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses can be considered in determining whether an impairment substantially limits a major life activity to the extent they are intended to fully correct visual acuity or eliminate refractive error. The ADAAA also provides that qualification standards and tests related to uncorrected vision can only be used if it is shown to be job-related for the position in question and consistent with business necessity. Prior to the ADAAA, many disability claims brought under the ADA were subject to summary disposition in favor of the employer given the narrow interpretation applied to the ADA by the courts. However, the ADAAA is likely to serve its purpose of broadening the scope of the ADA’s coverage, thereby increasing the likelihood that such claims will proceed to trial. Ad Review Corner Continued from Page 6 advertisement itself. The text of the ad still must include: • that the transaction advertised is a lease, • the total amount due before or at consummation, or by delivery if delivery occurs after consummation, and If you have any questions or need additional information regarding the ADAAA, including assistance with revising any relevant policies or supervisor training on the issue, please contact Melanie Webber, Jennifer Welfley or Maribeth Wuertz in the firm’s Human Resource Practice Group at (440) 838-8800. < • the number, amounts, and due dates or periods of scheduled payments under the lease. The 1-800 number may be used to disclose mileage allowances/penalties, and may refer to other disclosures. This toll-free phone number- which only applies to radio and TV ads - must be established no later than the ad’s air date. It also must continue for at least 10 days after the air date. Callers must be given all the required disclosures early in the message. A clear and conspicuous written copy of the disclosures also must be given to anyone who asks for it. As always, please call OADA with any ad compliance questions! < Support DIG 2008 Dealers Investment Group Please Check To Indicate Your Contribution Level President’s Club Gold - $1,500 & Above Capital Club - $250 * Individual dealers may contribute up to $10,000 to DIG Century Club - $100 President’s Club Silver - $750 President’s Club Bronze - $500 Please pay the indicated amount by personal VISA, Mastercard, American Express or personal check payable to: “Dealers Investment Group” (corporate contributions are not permitted by law) VISA/Mastercard/American Express # Name Signature Dealership Exp. Date County Send to: Ohio Automobile Dealers Association, 655 Metro Place South, Suite 270, Dublin, Ohio 43017, or by fax (614) 766-9600 www.oada.com november 2008 11 2008 January DIG 1Contributor List - October 20, 2008 OADA would like to thank the following for their support to the Dealers Investment Group. Presidents Club Gold 1500+ Ricart, Rhett - Ricart Automotive Group Pannier, Pete - Northgate Chrysler Dodge Jeep Reichert, Robert - Kenwood Dealer Group Sanders, Ted - Progressive Chevrolet Babcock, Edward - Junction Buick Pontiac GMC Truck, Inc. Black, Brad - Downtown Ford Lincoln Mercury, Inc. Brown, James - Classic Auto Group Dever, Michael - Performance Auto Group Eddy, Chuck - Bob & Chuck Eddy’s Chrysler Dodge Jeep Flynn, Dave - Columbiana Buick Cadillac Chevrolet Greenwood, Greg - Greenwood Chevrolet, Inc. Germain, Rick - Germain Motor Co. Presidents Club Silver 750+ Ferris, Bill - Ferris Chevrolet, Inc. Marcellino, Dick - Motorcars Acura Volvo Pace, Jim - Jim Pace Pontiac, Inc. Panteck, Gary - Brunswick Auto Mart Inc Preston, Pat - Preston Ford Gibson, Gary - Tri-State Sterling Trucks, Inc. Iemma, Mike - Park Ford Robinson, Roosevelt - New Carlisle Ford Sanders, Dan - Progressive Chevrolet Brown, David - Stockamp & Brown Drennen, Jeff - Jeff Drennen GM Superstore Glockner, Andrew - The Glockner Chevrolet Co. Horstmeyer, David - Just Saab Cincinnati Klaben, Michael - Crown Ford Lincoln Mercury Klaben, Richard - Crown Ford Lincoln Mercury Presidents Club Bronze 500+ Taylor, Martin - Taylor Motors Mueller, Peter - Mentor Mitsubishi-Kia Abraham, Bruce - Charles Chevrolet, Inc. Abraham, Nick - Abraham Automall Ahl, Tom - Tom Ahl Buick GMC, Inc. Barry, Steve - Steve Barry Buick, Inc. Brentlinger, Mark - Midwestern Auto Group 12 november 2008 Germain, Steve - Germain Motor Co. Huff, Adam - Fred Martin Motor Co. Kasper, Jerry - Kasper Buick Pontiac GMC Martin, Fred - Fred Martin Ford, Inc. May, Jeffrey - Bobb Suzuki McDaniel, Mike - McDaniel GM Superstore Nobil, Steve - Millisor & Nobil Reichard, Gene - Reichard Buick Pontiac, Inc. Stevens, Gene - Gene Stevens Honda Voss, John - Voss Auto Network Wyler, Jeff - Jeff Wyler Auto Group Yark, Donald - Yark Automotive Group, Inc. Yark, John - Yark Automotive Group, Inc. $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $1,000.00 $1,000.00 $1,000.00 $875.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 Lavery, Bill - Lavery Automotive Sales & Service Matia, Jack - Jack Matia Chevrolet McFarland, Barry - Barry’s Chev Buick Inc. Moats, Mark - Mark Moats Ford, Inc. Pierson, Jim - Pierson Automotive Inc. Reeve, Dave - Performance Lexus Reilly, Timothy - Miami Valley International Stockamp, Deanna - Stockamp & Brown Sweeney, David - Sweeney Buick Pontiac GMC Truck Sweeney, Doug - Sweeney Chevrolet Sweeney, Jake - Jake Sweeney Automotive, Inc. Young, Craig - Young Truck Sales, Inc. Zorniger, Pete - Frank Z Chevrolet $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $700.00 $625.00 $500.00 $500.00 $500.00 $500.00 $500.00 Carson, Joe - Joe Carson Honda & Harley Davidson Cerny, Jeff - McDaniel Toyota Connelly, John - Acura Columbus Dawes, Bill - Bob-Boyd Lincoln-Mercury Dawes, Bobby - Bob-Boyd Ford Mazda, Inc. Dunning, John - Dunning Motor Sales Foster, Douglas - Foster Chevrolet Cadillac, Inc $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $3,000.00 $2,000.00 $2,000.00 $1,750.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 ohio automobile dealers association $750.00 $750.00 $750.00 $750.00 2008 January DIG 1Contributor List - October 20, 2008 OADA would like to thank the following for their support to the Dealers Investment Group. Presidents Club Bronze 500+ Frye, Kirt - Sunnyside Toyota Gile, Chuck - Motorcars Honda Glockner, Timothy - Glockner Honda Toyota Gusweiler, James - Gusweiler GM Center Hardman, Loren - Big 4 Motorsports, Inc. Harris, Scott - Bill Harris Auto Center, Inc. Hayhow, Steve - Fuller Ford, Inc. Hill, Jack - Hill International Trucks, LLC Hinderer, John - John Hinderer Honda Hrnchar, Paul - Strongsville Dodge Kasper, Bryan - Kasper Buick Pontiac GMC Lindsay, Bert - Lindsay Acura Capital Club 250+ Doraty, Bill - Bill Doraty Kia Jacobson, Marc - Jay Pontiac Buick GMC, Inc. Ackerman, Mark - Glenway Motor Car Company Axelrod, Nelson - Axelrod Chrysler Dodge Jeep, Inc. Baker, Fred - Fred Baker Imported Cars, Inc. Balderson, William - Balderson Motors Beford, Mark - South Point Ford, Inc. Black, Jason - Bud’s Chevrolet Buick Brindley, Jeff - Roush Honda Brown, Robb - Brown Honda Carmichael, Gerry - Kings Toyota, Inc. Cronin, Patrick - Cronin Ford, Inc. Deacon, James - Deacon’s Chrysler, Inc. Drakesmith, John - Valley Freightliner, Sterling and Western Star Tru Dunn, James - Dunn Chevrolet Buick Elk, Larry - Marshall Ford East Feldhaus, Lawrence - Lincoln Mercury of Kings Automall Fleisher, Robert - Franklin Park Lincoln-Mercury, Inc. Gerhard, Greg - Bob Daniels Pontiac Buick GMC Truck Gillingham, Robert - Bob Gillingham Ford, Inc. Green, Richard - St. Marys Chrysler Dodge Jeep, Inc. Hale, Lee - Hale’s Sport Center, Inc. Halleen, Eric - Halleen Kia $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 Maibach, Fred - Maibach Ford, Inc Michaelson, Lee - Martin Chevrolet Nicholson, Chuck - Chuck Nicholson, Inc. Northup, J. Michael - Norris Northup Dodge Pyle, Dan - Metro Lexus Reineke, Daniel - Tiffin Ford Lincoln Mercury, Inc. Reineke, William - Tiffin Ford Lincoln Mercury, Inc. Sauer, Diane - Diane Sauer Chevrolet, Inc. Smedley, Bud - Smedley Chevrolet Sales Taylor, Milt - Milt Taylor Lincoln Mercury Taylor, Stephen - Taylor Cadillac Inc. VanDevere, Mike - VanDevere, Inc. $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $375.00 $375.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 Heflin, Paul - Courtesy Chevrolet, Inc. Hemm, Daniel - Dan Hemm Chevrolet Cadillac Pontiac Huser, Robert - Fairfield Lincoln Mercury VW Joseph, Jeffrey - Don Joseph Toyota Kassel, Curt - Chrysler Jeep of North Olmsted Keim, Jim - Jim Keim Ford Kempthorn, Richard - Kempthorn Motor Cars, Inc. Kenwell, Greg - University Chrysler Jeep Dodge Koehler, Dave - Hatfield Volkswagen Krieger, Doug - Krieger Ford, Inc. Krieger, Jeff - Krieger Sawmill Lincoln-Mercury LaRiche, Robert - LaRiche Automotive Group, Inc. Lewis, Mike - Tri City Nissan Marck, Matt - Saturn of Beechmont Marine, Bill - Bill Marine Auto Center, Inc. Mercurio, Daniel - Kings Toyota, Inc. Mullins, Jerry - Northgate Lincoln Mercury Volkswagen Myers, Steven - Kasper Chevrolet Buick Norwalk O’Donnell, Brian - Valley Ford Truck, Inc. Pittman, Mark - Kings Chrysler Jeep Dodge Porter, Jr., Frank - Central Cadillac - Hummer Porter, Mark - Mark Porter Chevrolet Cadillac Pontiac Poulton, Terry - Columbiana Ford Reichert, Steve - Kings Mazda $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 www.oada.com $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 november 2008 13 2008 January DIG 1Contributor List - October 20, 2008 OADA would like to thank the following for their support to the Dealers Investment Group. Capital Club 250+ cont. Ring, Robert - Kings Ford, Inc. Rouen, Michael - Rouen Toyota Russell, Darryl - Saturn of Kings Automall, Inc. Schmidt, Jim - Jim Schmidt Chevrolet Pontiac Buick Schoenhoft, Rob - Kings Mitsubishi Scott, Walter - Midway Pontiac Chevrolet Sickafoose, Jr., Robert - Gribble’s River Valley Motors, Inc. Smith, Bob - Score Chrysler Dodge Jeep Century Club 100+ Sworak, Peter - Camper Care Bigelow, Richard - Bigelow Chevrolet, Inc. Grim, Gene - G.G. Grim Company Humphries, Mike - Harry Humphries Auto City Kistler, Frank - Saturn of Toledo, Inc. Schneider, Jerry - Metro Toyota Scion, Inc. Althoff, Bob - A.D. Farrow LLC Cuva, Michael - Sunnyside Toyota DiVincenzo, M. - Fred-Vincent VW Mazda, Inc. Firment, Joe - Joe Firment Chevrolet Kaltenstein, Lou - Gene Norris Buick GMC Truck Kirlough, Thomas - Sunnyside Honda Mencini, John - Aurora Chrysler Dodge Jeep, Inc. Pawluk, Greg - Saturn of North Olmsted Tonovitz, Steven - Sunnyside Audi McCracken, Eric - Lee Kinstle GM Sales & Service Allen, John - Harmon Cadillac, Inc. Alley, Jerry - Lincoln Mercury of Beechmont Apostolakis, John - Apostolakis Honda & Mazda Azman, Alysan - Schiets Motors Inc. Ballas, Marianne - Ballas Buick GMC Bello, Bob - Kings Toyota, Inc. Berarducci, Michael - Pietro DiNovo & Son, Inc. Blankenbuehler, Richard - Kings Toyota, Inc. Bloom, Chester - Boose Chevrolet Co. Borcherding, Kim - Borcherding Enterprises Brittain, Thomas - Brittain Motors, Inc. Bucher, Artie - Art Bucher Buick Cadillac Bush, Mark - Bush Auto Place Caddell, David - Kings Toyota, Inc. 14 november 2008 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 Smith, Dennis - Kings Volkswagen of Loveland Spurgeon, Kirk - Spurgeon Chevrolet Taylor, Larry - Beau Townsend Nissan, Inc. Tobey, Terrence - Key Chrysler Jeep & Dodge, Inc. Waddell, Jim - McDaniel Toyota Waikem, David - Waikem Nissan Walther, Mark - American PowerSports Warner, Larry - Warner Automotive Group, Inc. Zarzour, Albert - Zarzour Chevrolet, Inc. $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $240.00 $225.00 $200.00 $200.00 $200.00 $187.50 $150.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $125.00 $120.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 Caruso, Thomas - Kings Toyota, Inc. Cassidy, Terry - Paul Cole Motors, Inc. Cerni, John - Cerni Motor Sales, Inc. Cobb, Rodney - Rodney Cobb Chevrolet Cohen, Brad - Kings Toyota, Inc. Collins, Dennis - Kings Toyota, Inc. Conner, James - Kings Toyota, Inc. Conroy, William - Coll Auto Sales Co. Czajkowski, Andy - Statewide Ford Lincoln Mercury, Inc DeLord, William - Bill DeLord Autocenter, Inc. Donaldson, Greg - Kings Toyota, Inc. Eichelberger, Karen - Midway Yamaha Inc. Erwin, Ron - Erwin Chry/Dodge/Jeep,Inc Farrell, Matt - Kings Toyota, Inc. Feighery, William - Kings Toyota, Inc. Frederick, Bob - Frederick Chrysler Jeep Dodge Gholz, John - Kings Toyota, Inc. Grace, John - Kings Toyota, Inc. Greve, Larry - Greve Chrysler Jeep Dodge of Van Grothouse, Robert - Delpha Chev Buick Pontiac Hanlon, Mark - Schoner Chevrolet, Inc. Harmon, Frank - Harmon Motor Sales Inc. Harmon, Gwen & Tonya - Harmon Cadillac, Inc. Harrison, Lad - Brother’s Chevrolet Herrnstein, Bill - Herrnstein Chrysler Hittle, Jeffrey - Hittle Pontiac Buick Cadillac GMC Hunt, James - Buckeye Ford, Inc. James, Jeffrey - Wendell Ford Sales Co. Johnston, Tim - Kings Toyota, Inc. $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 ohio automobile dealers association $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 2008 January DIG 1Contributor List - October 20, 2008 OADA would like to thank the following for their support to the Dealers Investment Group. Century Club 100+ cont. LaRiche, John - LaRiche Chevrolet Cadillac Laurence, Fred - Kings Toyota, Inc. Linneman, Christopher - Kings Toyota, Inc. Little, David - Kings Toyota, Inc. Ludwig, John - Park Honda Malcom, Bob - Bob Malcom Chrysler-Dodge-Jeep, Inc McCarthy, Tim - McCarthy Yamaha, Inc. McHone, Kevin - Kings Toyota, Inc. McHugh, Tim - McHugh, Inc. McNeill, Andrew - McNeill Chevrolet Pontiac Miner, Bruce - Valley Harley-Davidson Co. Moomaw, Randal - Moomaw Chevrolet, Inc. Nassief, Marybeth - Nassief Ford Mercury, Inc. Niesen, Jean - Kings Toyota, Inc. Niesen, Richard - Kings Toyota, Inc. Owens, Christopher - Kings Toyota, Inc. Pulte, Robert - Bob Pulte Chevrolet Inc. Rogers, Mark - Kings Toyota, Inc. Royer, Henry - Kings Toyota, Inc. Rush, Mark - Ron Rush Lincoln Mercury Scherz, Gary - Midway, Inc. Schiets, Darl - Schiets Motors Inc. Schiets, Darl - Schiets Motors Inc. Seyfferle, Joseph - Joe’s Cycle Shop, Inc. Other Contributors $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 Loudon, Greg - Loudon Motor Ford $93.75 Guinther, Tim - McDaniel GM Superstore Holmes, Michael - McDaniel GM Superstore $75.00 $75.00 Kisner, Dennis - McDaniel GM Superstore Nutter, Gary - McDaniel GM Superstore Tong, John - McDaniel GM Superstore Anderson, Linda - Park Honda $75.00 $75.00 $75.00 $50.00 Siciliano, James - Kings Toyota, Inc. Smith, Greg - Smith Superstore Smith, James - Kings Toyota, Inc. Snyder, Thomas - Snyder Chevrolet Soranno, Nick - Park Mazda of Wooster Stancliff, Roderick - Kings Toyota, Inc. Steinke, Don - Kings Toyota, Inc. Stockwell, Scott - Kings Toyota, Inc. Summers, Scott - Summers Motor Sales Taylor, James - Troy Ford, Inc. Thieman, Tim - Kings Toyota, Inc. Troutwine, James - Troutwine Auto Sales, Inc. Walker, Greg - Kings Toyota, Inc. Watson, Benny - Kings Toyota, Inc. Weekley, Matthew - Weekley Chrysler Dodge Jeep Weldy, W. - Kings Toyota, Inc. Welsh Koch, Kim - Welsh Motors, Inc. Welsh, Edward - Kings Toyota, Inc. Williams, Stewart - Kings Toyota, Inc. Wilson, Jr., George - Dick Wilson Pontiac Buick GMC Truck Wilson, Michael - Kings Toyota, Inc. Wood, James - Bryan Ford Lincoln Mercury, Inc. Zappia, Mary Kay - Salem Chrysler Jeep, Inc. $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 Greenbaum, Michael - Park Honda Harrison, Rodney - Harrison Ford Mercury, Inc. Johnson, Lori - Park Honda Lawson, Betty - Park Honda Smith, David - Park Honda Helter, Andrew - Park Honda $50.00 $50.00 $50.00 $25.00 $25.00 $20.00 $100.00 $100.00 $100.00 Is your name is missing or you found a mistake? Please accept our apologies and contact Joe Cannon at OADA with corrections. www.oada.com november 2008 15 A Change for the Better. Introducing OADA’s new group rating administrator Compensation Consultants. Employers qualifying for group rating can save up to the maximum available discount on their Ohio BWC premium. Now’s the perfect time to get your workers’ compensation costs headed in the right direction. Joining the OADA’s workers’ compensation Group Rating Program is one of the best ways employers can significantly lower their Ohio premium – up to the maximum available discount. To get started on a no-cost, no-obligation analysis that maximizes your potential savings, call Compensation Consultant’s Kirsten Gibson at 1-800837-3200, Ext. 7110 or email kirsten.gibson@ccitpa.com. Or, visit OADA’s online form at www.cciworkerscomp.com/groupratingapplication/OADA. 1-800-837-3200 info@ccitpa.com www.cciworkerscomp.com ©2008 Compensation Consultants, Inc.