OADA News July 2014

O adaNews
a publication of the Ohio Automobile Dealers Association
JULY 2014
Vote for Your Next Ohio NADA Director
As you know by now, Ohio will soon have a
new NADA Director. Because of his recent
win in the 88th House District Primary and
the strain on his time that will be forthcoming with campaigning and a potential seat
in the State legislature, current Ohio NADA
Director Bill Reineke, Jr. chose to not seek
re-election in this role. We congratulate and
contents
Vote for Your Next Ohio NADA Director..........1
Top Five Legal Reminders for July..............1
Blurring the Lines Between Yours and Mine: Best
Practices for Bring Your Own Device Policies...2
Dealership Property and Equipment For Sale........3
Standardized, Legally Reviewed F&I Documents
- What Every Dealer Needs........................4
Ad Review: Radio & TV Disclosures &
1-800 Numbers................................4
Why Your Company Needs a Handbook......5
Safety Corner: Don’t Get Caught Cherry
Picking.....................................................6
NADA News......................................7
Big Changes are Happening at the BWC Webinar..8
Contacting Consumers 101 Webinar................9
The New Technology Ransom Economy
Webinar...........................................10
OADA Services: Custom Water Bottles........11
2013-2014 Ohio Motor Vehicle Titling Manuals
are Available...............................................11
Property Listing (continued from Page 3)...12
Equipment Listing (continued from Page 3)....13
Publisher: Tim Doran
Editor: Marie Gilman
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.
wish him luck on his campaign!
There are now three impressive dealers that
have stepped up and accepted their nominations for the NADA Director from Ohio.
These dealers receieved the required ten
percent or more of the total votes that were
cast in the nomination.
These candidates are:
• Steve Germain
Germain Motor Co.
Columbus, Ohio
• Rhett C. Ricart
Ricart Ford
Columbus, Ohio
• David Waikem
Waikem Auto Group
Massillon, Ohio
OADA extends congratulations to all three
dealers. Their willingness to serve is inspiring and we hope you will show your support
as Ohio gains a new leadership.
Please note that NADA will mail out election
ballots on July 18th and they are to be postmarked for return no later than August 8th.
So keep an eye out for the ballots coming your
way soon. We encourage you to thoroughly
consider the nominations and place your vote
for your next Ohio NADA Director. <
The Top Five Legal Reminders for July
Chapter 4517 of the Revised Code shall
1. 1. A salesperson cannot sell prior to
do any of the following… (2) Pay any
receiving their salesperson’s license.
commission or compensation in any
The license must be granted, not just
form to any person in connection with
applied for: A salesperson is defined
the sale of a motor vehicle unless the
as “any person employed by a dealer to
person is licensed as a salesperson in the
sell, display, and offer for sale, or deal
employ of the dealer.” Whoever violates
in motor vehicles for a commission,
this section can be criminally charged
compensation, or other valuable conwith a misdemeanor of the fourth degree.
sideration.” Under 4517.02(A)(1), “No
A conviction could put the dealership’s
person shall do any of the following: …
license in jeopardy when it comes time
Engage in the business of displaying or
for renewal because on grounds for
selling at retail new motor vehicles or
denial under 4517.12 is if the person
assume to engage in that business, unless
applying for a license “has not complied
the person is licensed as a new motor
with sections 4517.01 to 4517.45 of the
vehicle dealer under sections 4517.01
Revised Code.”
to 4517.45 of the Revised Code, or is
a salesperson licensed under those sec- 2. Dealers should never backdate
tions and employed by a licensed new
contracts: A dealer should never
motor vehicle dealer.” Anyone who
backdate a Retail Purchase or Retail
violates that section could be criminally
Lease Order to a date other than when
charged with a minor misdemeanor. Additionally, 4517.20 states that, “No Top Five Legal Reminders...
continued on Page 3
motor vehicle dealer licensed under
www.oada.com
july 2014
1
Blurring the Lines Between Yours And Mine: Best
Practices for Bring Your Own Device Policies
written by Michael Elkon of Fisher & Phillips LLP
Let’s face it: bring-your-own-device (BYOD)
situations are here to stay. With the ubiquity
of employees having and using smartphones
and tablets – devices that have more capacity
and processing power than desktop computers from not so long ago – it was inevitable
that employees would eventually start to use
their own devices in a work capacity. This
new reality presents benefits for employers,
as their employees can now be productive
away from the office and be responsive to
work situations as they arise. Additionally,
there are cost savings that can be achieved
when an employer is no longer responsible
for supplying devices to its employees.
The situation also benefits employees, as they
often derive personal satisfaction from being
able to link up their own preferred devices
to the work system, creating a little node of
personalization in an environment that they
do not otherwise control. Surveys reflect that
a significant percentage of job seekers will
view a prospective employer more favorably
if it has an IT system that supports the seekers’
personal devices.
But if employers do not manage BYOD
scenarios proactively, then they present risks
in addition to rewards. To state the obvious,
when your company’s information is being
sent, received, and stored over a device that
you do not own, then the specter of data
loss is present. This risk can come from an
employee who intends to hurt the company
by taking information and either using it on
behalf of a competitor, or simply disclosing
it to cause embarrassment. It can also come
from an employee who inadvertently retains
or loses it.
Either way, the employer that thinks through
BYOD issues in advance and charts out rational, balanced policies before issues arise
is going to place itself ahead of the game.
Here are some best practices for BYOD
situations:
Have Technology in Place to Protect Your
Information
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july 2014
Take the typical employee’s smartphone.
Some employers require that the employee
use an employer-issued email application like
Good Technology. Other employers require
that their employees download an application
that allows the employer to shut down or access a device in certain circumstances. Some
employers take the simple step of requiring
that employees activate passcode protection
on their devices, a policy that costs nothing
because just about every device contains
this option.
Make Clear that Employees Cannot Misuse the Computer System
Regardless which of these options an employer chooses, it is the most basic step in
dealing with BYOD situations. You need to
acknowledge and deal with the fact that if
your information is going to migrate to your
employees’ personal devices, then those
devices need protection measures in place
to ensure that the information is not lost or
stolen.
The key to unlocking the power of federal
and state computer-protection laws is showing that the employees were on notice that
they were not authorized to perform certain
acts on the system. This general rule extends
to BYOD policies. Put your employees on
notice as to what they can and cannot do
with respect to company information on
their devices.
Think Through Your Key Information
And Take Steps To Protect It
Some information is simply too important to
permit it to migrate to an employee’s personal
device. Even with one of the data-security
fixes in place, an employer might worry about
information that remains on the device after
the end of the individual’s employment or that
an employee will leave the device unattended
for a moment and allow a third party to see
sensitive information on the screen.
It’s important to ask yourself three questions.
First, what information would be most useful
to its competitors if an employee left with it?
Second, what information would be most
embarrassing if it were leaked to the general
public? Third, if asked on a witness stand
“how many measures do you take to ensure
that the company’s most valuable, sensitive
information remains private?” what would
you or your Human Resources manager say
in response? It’s valuable to put yourself
through this sort of self-critical analysis in
many scenarios; but it is specifically important in addressing BYOD situations.
ohio automobile dealers association
With the increased use of the federal Computer Fraud and Abuse Act and analogous state
computer-protection statutes, employers are
learning the importance of putting employees on written notice as to what they are not
authorized to do on the company computer
system. This includes both taking files from
the system (such as by emailing files out as
attachments or saving them to thumb drives)
and deleting files prior to departure.
Just as it is helpful to think through confidential information issues in advance, it
is also worthwhile to spend some time addressing common employee misconduct or
negligence scenarios involving data security
on personal devices and then covering them
with written policies. A policy laying out
general rules and then covering specific
scenarios in an “including, but not limited
to” string (a construction much beloved by
lawyers) is ideal.
Pay for the Employee’s Cell Phone
In the grand scheme of things, it is penny wise
and pound foolish to have key employees pay
for their own cell phone plans. If a company
owns and maintains the account, then it can:
a) terminate the account when an employee
leaves so customers cannot reach out to him
or her; b) determine whom the employee has
been contacting in the final weeks with the
company by reviewing call and text logs; and
c) stop the employee from walking out with
BYOD Policies...
continued on Page 3
Dealership Property and Equipment For Sale
Two of our members in the Cleveland area
have asked us to share with you listings that
they have recently posted for property and
equipment.
The first is a property listing in Medina,
Ohio. The information is attached on Page
12 of this newsletter for your convenience.
This commercial property was updated in
2010 and comes fully equipped. It sits on
over 3 and a half acres and is located in a
high traffic area on Route 18. For inquiries,
contact Doug Callahan at (330) 722-7550 or
dcallahan@valley1.com.
The second is an equipment sale in the
Top Five Legal Reminders...
the consumer actually purchased the
vehicle. Doing so has many implications including violating federal lending
laws, the Consumer Sales Practices Act
(CSPA), lender agreements, and even
dealer franchise agreements.
continued from Page 1
3. BMV Auto Dealer Website: The Ohio
BMV has a special website for automobile dealers where a dealer can find most
of the items they need on a daily basis.
The website includes links to forms and
information on dealer plates, temp tags,
salesperson licensing, and more. The
website is www.ohioautodealers.com.
and titling cheat sheet targeted for F&I
workers. Though it is targeted towards
F&I, it could be highly beneficial for
other dealership workers including title
clerks, sales managers, and even office
managers. The document includes information on taxing non-resident sales, the
title defect rescission fund, and much
more. The OADA Tax & Titling Cheat
Sheet is FREE to all members and can be
distributed to employees. If you would
like a copy of this valuable resource,
please contact Don Boyd at dboyd@
oada.com.
4. OADA Tax and Titling Cheat Sheet:
Earlier this year, OADA created a tax
5. Title Defect Rescission Fund 101: The
Title Defect Rescission Fund (TDR) is
BYOD Policies...
a de facto customer list on the phone. Thus,
while employees might choose to use their
own devices at work, you can still control
the account and thus still be in command of
the information on a device.
Employ Tight Exit Procedures for
Departing Employees
Perhaps the number one issue with the BYOD
phenomenon is that when employees use their
own devices, they end up with a large quantity
of employer information on those devices.
Whether intentionally or inadvertently, when
those employees resign or are fired, they leave
with a treasure trove of information. That
information can be used to compete. It can be
Cleveland area at Sims Car Mall in Lyndhurst,
Ohio. The equipment listing is posted on
Page 13 and you can contact Will Schnack
at (440) 442-7700 or wbschnack@gmail.
com for additional information. <
the quid pro quo to the Ohio law that
allows dealers to sell used vehicles to
consumers before having title to those
vehicles. TDR is administered by the
Ohio Attorney General’s office and is
designed to reimburse consumers in the
event that a title is not delivered to the
consumer within 40 days following the
sale date or if the title is defective due to
an undisclosed brand, the title indicates
“buyback” and was not disclosed, or an
inaccurate mileage disclosure. Please
remember that consumers have an absolute right to rescind the sale if title is not
delivered within 40 days. <
continued from Page 2
used to stir up issues with the employees who
remain. It can be disclosed on social media
or to reporters.
Therefore, it is critical to create and follow
established exit procedures, so that when an
employee leaves, you can show that you did
everything in your power to get the company’s information back. These procedures will
never be foolproof against employees who
choose to keep information on their devices,
but at a minimum, it will help put you in a
position to show that you took all reasonable
steps to maintain the confidentiality of its key
information.
sulting from employees using their personal
devices for work is a classic example of the
maxim that an ounce of prevention is worth a
pound of cure. Relatively small expenditures
of time and money on the front end can deter
an employee from exploiting key information
on a personal device; can protect against that
same employee accidentally losing information to a third party; and can position the company to recover the information if it is indeed
lost. The critical first step is to acknowledge
the reality of employees using their own
devices and to plan accordingly. <
The issue of protecting against data loss re-
www.oada.com
july 2014
3
Standardized, Legally Reviewed F&I Documents –
What Every Dealer Needs
provided by Reynolds & Reynolds
The penalties for violating current compliance guidelines and policies can cripple your
business. As increasing levels of litigation
impact every dealer in every state, it has
become necessary to take action toward
minimizing compliance risk. That’s why
OADA and Reynolds have worked together
to develop a library of standardized, legally
reviewed finance and insurance (F&I) documents that are specific to Ohio automobile
and truck dealers.
The OADA chose to partner with Reynolds
because, not only are both committed to creating and maintaining the finest F&I documents
for Ohio dealers, but the company also possesses the expertise necessary to help create
these documents. They have been dedicated
to providing forms for nearly 150 years, with
a focus on serving the needs of auto dealers
since 1927.
AFIP-certified compliance legal specialists,
and the OADA.
In Ohio, and across the country, Reynolds is
the sole provider of the trusted and proven
LAW® 553 Retail Installment Sale Contract.
Now the high standards of the LAW brand
have been extended to this new library of
documents. The LAW Ohio F&I Library
consists of a standard set of forms that are integrated with each other to eliminate conflicts
and inconsistencies that could jeopardize a
deal. Each form carries copyright protection,
meaning it cannot be printed by any other
company.
The strategic alliance between OADA and
Reynolds and the creation of these standard
documents for use in F&I can greatly benefit
you. Not only do they streamline processes,
but they also provide common defenses in
litigation and potentially reduce liability. The
LAW Ohio F&I Library can help keep your
business out of danger, giving you peace of
mind and time to focus on other aspects of
your business.
The LAW Ohio F&I Library documents were
created and will be maintained using the
combined expertise of Reynolds’ Director
of Compliance, Terry O’Loughlin, Reynolds’
or TV.
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 medium you
use. Here are a few tips for ad compliance when advertising via either radio
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july 2014
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 speedreading. 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.
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
advertisement itself. The text of the ad still
must include:
ohio automobile dealers association
For more information about the LAW Ohio
F&I Library, call 800.344.0996 or email
RDS@reyrey.com. <
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that the transaction advertised is a
lease,
the total amount due before or at
consummation, or by delivery if
delivery occurs after consummation, and
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 tollfree 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 Don Boyd at
(614) 923-2232 with any ad compliance
questions! <
Why Your Company Needs a Handbook
provided by Fisher & Phillips LLP
The days of believing that a handbook can
cause more harm than good are long gone.
In today’s business environment, a handbook
serves both as a sword to carve out your legal
rights as well as a shield to protect them.
A handbook sets expectations, encourages
employees to behave in certain ways, helps
ensure that employees are treated consistently, publicizes employee benefits, and
helps win unemployment claims and lawsuits.
These are just a few of the reasons why every employer, regardless of the number of
employees, should have one.
Establishing Some Baseline Expectations
Employees expect their employer to communicate with them in a straightforward,
professional way about all sorts of things.
Just having a handbook demonstrates that
you understand employees’ needs for information – and it can go a long way toward
making a positive first impression on a new
employee.
Your handbook should outline for employees
how to behave and perform and what will
happen if they fail to meet those requirements.
It should also inform employees about how
they can succeed in their jobs. Among other
things, a handbook should guide employees on how to request time off from work,
complain about operational matters or possible harassment, keep a time record, report
possible theft or workplace violence, dress
appropriately, refrain from drug and alcohol
use, maintain confidential information, use
electronic resources, comply with laws, etc.
If tailored to the way you do business, a handbook helps ensure that managers across the
organization handle issues with consistency.
A handbook should not be an “instruction
book” on how to manage or deal with every
conceivable problem or issue; instead it
should provide a framework for managers
to follow.
“Sell” The Benefits You Offer
You undoubtedly spend a significant amount
of money on every employee in ways that
they do not always see or appreciate. A handbook allows you to take credit for all that you
do for workers. Without going into a great
deal of detail, your handbook should list all
of the benefits provided by you at no cost to
the employee (e.g., workers’ compensation in
most states), subsidized by you (e.g., medical
insurance); those which you make available
for purchase at reduced rates (e.g., shortterm disability insurance); or those available
through payroll deduction (e.g., a credit
union). Additionally, a handbook should refer
to various types of paid and unpaid time off
offered to employees.
Win Unemployment Claims and Lawsuits
Finally, in case the need arises, a well-written
handbook is the first step in a successful defense of unemployment or other legal claims.
In most states, winning an unemployment
claim requires proof that the terminated
employee was on notice of a certain rule and
had been warned that violating the rule would
lead to disciplinary action up to and including
immediate termination.
Likewise, many employment lawsuits hinge
on consistent treatment of employees or
ensuring that they were on notice about
important company policies and procedures.
The page of the handbook containing the
applicable policy, as well as the signed acknowledgement form, could be critical to
the defense of unemployment or other legal
claims. Certainly, you can expect that these
documents will be exhibits in any litigation;
they can help you win or at least minimize
damages.
Final Considerations
Of course, a handbook needs to reflect compliance with applicable federal, state, and
local laws. This does not mean that every
law needs to be specifically addressed and
referenced in detail in the handbook. Rather,
www.oada.com
the handbook should not conflict with any
applicable law and should contain a clear
statement that you intend to comply with all
applicable laws.
A handbook should be tailored to your organization and should reflect how you conduct
business. Copying another employer’s handbook or one you find online might do more
harm than good.
Handbooks that contain typos, are copied
askew, are out-of-date, contain another
employer’s name or inapplicable policies,
and look sloppy or unprofessional, send a
message that you don’t really care about
employees. For a minimal investment, you
can publish a well-written, professional looking handbook.
Alternatively, publishing a handbook online
saves printing costs and is just as effective.
Even the best handbook fails to provide a
benefit to you if employees did not have
easy access to it and if you cannot “prove” an
employee received the handbook and understood that he or she was required to abide by
the handbook. To have such proof, you need
a signed acknowledgement form for a printed
handbook or electronic acknowledgement
receipt for an online handbook.
Having an up-to-date, well-written, legally
compliant handbook is for your benefit, as
well as for your employees.
This article was written by D. Albert Brannen from Fisher & Phillips LLP. OADA has
a special member rate with Fisher & Phillips LLP for employee handbooks. OADA
Members pay only $1,800 which includes
preparation of the handbook draft, two sets
of revisions (revisions must be made within
90 days of the first draft), and 12 months of
revisions required by federal or Ohio state
law changes. For more information, please
contact Don Boyd at dboyd@oada.com or
614-923-2232. <
july 2014
5
Don’t Get Caught Cherry
Picking
A fairly common practice at auto dealers is renting an aerial or scissor
lift to access elevated signs, roofs, and lights. Recent lift fines due to
improper use exceed $8,000, reminding operators of the safety and
financial importance of proper operating.
A scissor lift is a portable, hydraulic-powered lift with a platform
that can be raised into the air directly above the base. Aerial lifts are
vehicle-mounted, boom-supported aerial platforms, also known as
cherry pickers or bucket trucks, and are used to access facility lighting
and other above-ground job sites. Employers must take measures to
ensure the safe use of lifts by their workers if they are required to use
this equipment. The major causes of injuries and/or fatalities are falls,
electrocutions, collapses, and/or tip overs.
Hazards Associated with Scissor Lifts
Lifts falling over or workers slipping off of the platform if:
• The lift is used during bad weather or high winds
• The lift is positioned on soft or uneven ground
• The lift is overloaded with heavy objects
• The lift is used with guardrails removed
• The lift is driven over uneven, unstable ground
• The lift is used in an elevated position, or used with brakes that
are not properly set.
Hazards Associated with Aerial Lifts
The following hazards can lead to personal injury or death:
• Fall from an elevated level
• Objects falling from lifts
• Tip-overs
• Ejections from the lift platform
• Structural failures (collapses)
• Electric shock (electrocutions)
• Entanglement hazards
• Contact with objects
• Contact with ceilings and other overhead objects
Be sure when renting any piece of equipment that all manuals are
maintained with the rented equipment. Make sure to check for the
need for fall protection (use of a harness or strap) and scaffold training
prior to using a lift. Fall protection and training (in accordance with
CFR 1910.66) is required any time an aerial lift is used.
Common OSHA Violations
OSHA has recently cited two auto dealers for use of an aerial lift
without proper training and fall protection (harness). One facility
used an aerial lift to trim trees and another facility rented an aerial
lift from a local vendor to change lights in the parking lot. The fines
associated with these violations were between $8,000 to $9,000. In
both instances, OSHA inspectors merely drove by and observed the
violations on the way to other site visits.
Training Requirements
Only trained and authorized persons are allowed to operate an aerial
lift. Training should include:
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july 2014
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safety
Explanations of
electrical, fall, and
falling object hazards;
Brought to you by KPA, OADA’s Endorsed Provider of
Procedures for
Safety and Environmental Compliance Services
dealing with hazards;
Recognizing and avoiding unsafe conditions in the work setting;
Instructions for correct operation of the lift (including maximum
intended load and load capacity);
Demonstrations of the skills and knowledge needed to operate
an aerial lift before operating it on the job;
When and how to perform inspections;
Manufacturer’s requirements;
Inadequate ceiling heights;
Drop-offs, holes, or unstable surfaces such as loose dirt, slopes,
and floor obstructions;
Overhead obstructions;
High wind and other severe weather conditions, such as ice; and
The presence of others in close proximity to the work area.
CONCERNS
Lift Safe Work Practices
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Make sure that workers who operate aerial lifts are properly
trained in the safe use of the equipment.
Maintain and operate elevated work platforms according to the
manufacturer’s instructions.
Never override hydraulic, mechanical, or electrical safety
devices.
Never move the equipment with workers in an elevated platform
unless this is permitted by the manufacturer.
Maintain a minimum clearance of at least 10 feet, or 3 meters,
away from the nearest energized overhead lines.
Always treat power lines, wires and other conductors as energized, even if they are down or appear to be insulated.
Use a body harness or restraining belt with a lanyard attached to
the boom or basket to prevent the worker(s) from being ejected
or pulled from the basket.
Set the brakes and use wheel chocks when on an incline.
Use outriggers, if provided.
Do not exceed the load limits of the equipment. Allow for the
combined weight of the worker, tools, and materials.
Although renting a lift may seem like a simple process, as you can
see, there are quite a few requirements for and hazards associated with
their use that can be overlooked. It is important that employers use
due diligence prior to use of scissor or aerial lifts in order to ensure
employees are protected during their use in order to prevent injury.
This article is provided by KPA, an OADA endorsed partner for Environment & Safety services at Auto, Heavy Equipment/Agricultural,
Motorcycle, RV, and Truck Dealers. If you have additional questions,
please contact Glorianna Cooley, Sr. Risk Management Consultant
with KPA at (614) 432-5044. <
ohio automobile dealers association
NADA News
A Message from Ohio NADA Director, Bill Reineke, Jr.
New Report: Consumers Benefit from a Franchised Auto Dealer Network
America’s franchised new-car dealer network provides numerous benefits to both consumers and
auto manufacturers, says auto industry consultant Maryann Keller in a new report released today.
According to the report, “Consumer Benefits of the Dealer Franchise System,” factory-direct sales
of new cars either sold online or through factory-owned and operated retail outlets have not resulted
in lower prices for car buyers or increased market share for manufacturers.
“The franchised dealer network benefits consumers and manufacturers alike by providing fierce
price competition among dealers and an extremely efficient distribution network that is acutely
sensitive to local markets,” said Keller, in the 34-page report prepared for the National Automobile
Dealers Association. “The new-car dealer franchise network is the most efficient way to distribute
and sell new cars as well as provide convenient access to service over the life of every vehicle.”
Bill Reineke, Jr.
Ohio NADA Director
Keller, managing partner at Maryann Keller & Associates LLC, said “past experiments by factories, such as Ford Motor Co. and
General Motors, to sell directly have proven unsuccessful, and the results have only reinforced the need and value of having a
network of franchised new-car dealerships.”
The report also excoriated critics who call new-car dealers ‘costly middlemen’ – demonstrating that as long as cars are retailed,
there will inevitably be costs of retailing, and that local competitive dealers are the best way to lower those costs. “Proponents
of a factory-direct system have also failed to identify the system-wide savings for car buyers if manufacturers were to provide
the same services that dealers do to satisfy the needs of each customer,” she said.
Keller added that local new-car dealerships make a very complex process as simple as possible—from stocking ready-for-sale
inventory, offering test drives, appraising trades, arranging financing, interacting with the DMV to replace lost titles on tradeins, registering cars and obtaining license plates, calculating and paying sales taxes, and managing and retaining all documents
from each transaction.
When it comes to service and repair work, Keller says advocates of a factory-owned retail system wrongly assume that manufacturers would be as objective as an independent dealer in addressing all customer complaints.
“The personal relationship with a local business has tremendous value that cannot be replaced by an 800 number or a call center,”
she said. “The dealer acts as an advocate with the factory for the car owner, especially for warranty and recall claims.”
Keller’s report is part of a major new “Get The Facts” initiative from NADA to promote the benefits of America’s franchised
new-car dealership network. The initiative includes a Web site and variety of multimedia resources available at www.nada.
org/GetTheFacts.
The centerpiece of the project is a two and a half minute animated video detailing the benefits of the dealer franchise system,
viewable at http://www.nada.org/GetTheFacts. Other resources include a 30-second video, a fact sheet on the consumer benefits of dealers, a longer informative FAQ, a document explaining the reasons for state franchise laws, an infographic and other
materials.
There are 17,700 new-car dealerships with nearly 32,000 domestic and international franchises that employ more than 1 million people in the U.S.
For the full Keller report visit: http://www.nada.org/NR/rdonlyres/FE008CA6-BC44-428E-8EEC-130C8B4A0464/0/NADA_
Keller_Consumer_Benefits_of_the_Franchised_Dealer_Report.pdf. <
www.oada.com
july 2014
7
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Big Changes are Happening at the BWC
What to Expect Over The Next Twelve Months
This Webinar is being hosted and moderated by OADA. There is no registration fee to connect. The Webinar is
Thursday, July 10, from 11:00 a.m. - 12:00 p.m.
scheduled for
The Ohio Bureau of Workers’ Compensation (BWC) is in the process of changing the way it collects premium from employers. Beginning next summer, BWC will change its premium collection process to a prospective
model. Rather than paying premium in arrears (based on actual payroll over the prior six-month coverage period),
motor vehicle dealers will pay premium prospectively based on projected payroll over a forward-looking coverage
period.
While this change will not take effect for another year, dealers are already beginning to feel the effects. One
key change is new enrollment deadlines for traditional group rating and group retrospective rating programs.
Sign up for our FREE webinar to learn about this premium payment change and what to expect over the
next 12 months. Join OADA and CareWorks Consultants Inc. (CCI), as we educate dealers on what changes have
and will be taking place, how it affects you, and what you need to do now to be prepared.
OADA is pleased to be able to present this topic to you. There is no registration fee to connect. Register
today!
Registration Form
Big Changes are Happening at the BWC: What to Expect Over the Next Twelve Months
Registrant
Name (s)
Position (s)
Dealership Name
Address, City, State & Zip
Telephone (
)
Fax (
)
E-mail
Please register me for the webinar. (Registrants must
provide an email address)
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 x109.
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Contacting Consumers 101
Do You Know If You’re Compliant?
This Webinar is being hosted and moderated by OADA. Registration fee is $30 per connection for OADA member dealers. Non-member fee is $50 per connection. The Webinar is scheduled for Tuesday, July 15, from 11am-noon
CAN-SPAM, TCPA, Do-Not-Call, TSR...With all of the laws governing telemarketing and the variety of mediums
used today, it is becoming increasingly difficult for dealers to know when they can contact consumers and what they can say.
Dealers may use phone calls, text messages, e-mails, auto-dialed calls, or pre-recorded messages and different rules apply
depending on the method of communication. Did you know that a text message can be considered both an e-mail and a phone
call? Do you know whether your dealership uses an auto-dialer to make calls or send text messages? Did you know that a
dealership can be held responsible if its marketing company violates the law?
OADA is pleased to announce that Deanna Stockamp, a partner at the law firm Stockamp & Brown, LLC, will be
joining us to review how your dealership can compliantly contact current and potential customers. This webinar will cover
the following laws:
• Telephone Consumer Protection Act (TCPA)
• Telephone Sales Rule (TSR)
• CAN-SPAM
• FCC and FTC Do-Not-Call Rules
We will explain how these laws apply depending on the purpose of the communication and the methods of communication that you use in your dealership every day. We will also cover the type of consent required prior to contacting a
consumer, the notices you need to give at the time of contact, and your obligations for tracking and honoring opt-out requests.
With penalties ranging from $11,000 to $16,000 per violation of the Federal laws, can you really afford not to attend?
This webinar is perfect for Dealers, General Managers, Sales Managers, Office Managers, and Marketing Managers
looking to review their telemarketing compliance. Registration fee for OADA dealer members is $30 per connection, and $50
per connection for non-member dealers. Register today!
Registration Form
Contacting Consumers 101: Do You Know If You’re Compliant?
Registrant
Name (s)
Position (s)
Dealership Name
Address, City, State & Zip
Telephone (
)
Fax (
)
E-mail
Registration fee is $30 per connection for OADA members, and $50 per connection for non-member dealers.
Please register me for the webinar. (Registrants must
provide an email address)
I have already registered online. My payment is attached/
enclosed.
Return to: OADA • 655 Metro Place South, Suite
270 • Dublin • Ohio • 43017 or fax tojuly
614-766-9600
2014
www.oada.com
9
You can also register by logging onto the OADA web page at www.oada.com, or by calling 800-686-9100 x109.
#SPXO#BH-VODI8FCJOBS4FSJFT
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The New Technology Ransom Economy
How to Protect Your Dealership
This Webinar is being hosted and moderated by OADA. Registration fee is $25 per connection for OADA member dealers. Non-member fee is $50 per connection. The Webinar is scheduled for Thursday, July 17, from 11:00 a.m. - 12:00 p.m.
American businesses are facing growing threats to profitability and customer data security and auto dealers are no exception. Liberal bring your own device [BYOD] policies, insecure wireless and sophisticated hacking
efforts need to be addressed by dealers at large. Join Erik Nachbahr, President and Founder of Helion Automotive
Technologies, a technology firm who supports the technical needs of over 25,000 dealership employees. Erik will
lead a frank conversation of the hidden dangers faced by dealers, how you can tell if your dealership is at risk, and
corrective action items.
Erik founded Helion in 1997 with the goal of bringing strong Information Technology strategies and leadership to Auto Dealerships. That vision has guided Helion with a focus on outstanding service and innovative, client
centric solutions. He believes that a strong Information Technology strategy centers on improving the efficiency of
the business it serves while controlling costs.
OADA is pleased to be able to present this topic to you. Registration fee for OADA dealer members is $25
per connection, and $50 per connection for non-member dealers. Register today!
Registration Form
The New Technology Ransom Economy: How to Protect Your Dealership
Registrant
Name (s)
Position (s)
Dealership Name
Address, City, State & Zip
Telephone (
)
Fax (
)
E-mail
Registration fee is $25 per connection for OADA members, and $50 per connection for non-member dealers.
Please register me for the webinar. (Registrants must
provide an email address)
I have already registered online. My payment is attached/
enclosed.
Returnjuly
to: 2014
OADA • 655 Metro Placeohio
South,
Suite 270dealers
• Dublin
• Ohio • 43017 or fax to 614-766-9600
automobile
association
10
You can also register by logging onto the OADA web page at www.oada.com, or by calling 800-686-9100 x109.
1-800-686-9100
Beat the Heat with Custom Bottled Water!
10 oz bottles from OADA are the best option because...
• 2
880 bottles are on each pallet, compared to
larger bottles where not as many fit per pallet
• The cost per bottle for shipping (included in the
price) is minimized
• Marketing goals are still fulfilled the same as
with larger, more expensive bottles
• E-mail us your custom design!
• There is no setup fee
FREE SHIPPING!
Contact OADA Services with questions or to order
• Lindsey Bladen - (614) 923-2238, lbladen@oada.com
• Matt Wolf (Columbus & Southern Ohio) - (614) 923-2242, mwolf@oada.com
• Nate Painter (Northern Ohio) - (330) 618-6021, npainter@oada.com
Onl
y4
per 3 cent
bott
s
le!
2013-2014 Ohio Motor Vehicle Titling
Manuals are Available!
O HIO A UTOMOBILE DEALERS A SSOCIATION
Ohio Motor Vehicle
Titling Manual
Did you miss the 2013 Fall Seminar series on Titling?
Do you have a new title clerk who needs an all-encompassing reference?
OADA has a supply of manuals available for purchase!
At only $50 per manual, this is a bargain! Supplies are
limited, so order yours before they are gone!
To order, simply call DeAnna Zahniser (614-9232231) or Don Boyd (614-923-2232) at OADA to make
your request. You can also email your request to dzahniser@oada.com, or dboyd@oada.com. We will make
sure one is shipped to you, and include an invoice.
O HIO AUTOMOBILE
D EALERS
A SSOCIATION
655 Metro Place South
Suite 270
Dublin, Ohio 43017
Phone: 614-766-9100
800-686-9100
Fax: 614-766-9600
http://www.oada.com
Fall 2013
www.oada.com
Thank you!
july 2014
11
3.516 Acres
Commercial Site Available
Contact Information
Doug Callahan, Managing Partner
p 330.722.7550 | dcallahan@valley1.com
250’ of frontage
along Rt. 18
Property Features
25,198 total sq ft
3.516 acres
8 bay front shop
4 bay rear shop
3 bay detail shop
Rt 18 major high traffic area
Frontage in view of Rt 71
7 miles from Rt 77
Fully equipped ready to work
Will require roof repairs
Excellent condition - updated in 2010
Phase one and two clean
Favorable taxes
$2,475,000
Additional 8 bay former body shop on 2.452 acres
also available (displayed within highlighted area to right)
One of fastest growing counties in NE Ohio
Recently named “Best Hometown in NE Ohio” by Ohio Magazine
Traffic Counts (SR 18 - 24,120 VPD) (I 71 - 57,200 VPD)
ohio automobile dealers association
12 july 2014
This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information.
References to square footage or age are approximate. Buyer must verify the information and bears all risk for any inaccuracies.
Sims Car Mall
5180 Mayfield Road
Lyndhurst, OH 44124
440-442-7700
ATTN: Will
Equipment, Parts, Tools, Furniture, Manuals Sale
Lifts
¥
¥
¥
¥
¥
Mohawk – Qty: 3 - $2000 each
Forward – Qty: 2 - $1750 each
Challenger 2 – Qty: 3 - $1750 each
Rotary – Qty: 6 - $1900 each (9000 lbs.), $3500 each (12,000 lbs.)
Two Post – Qty: 1 - $1900 each
Hunter Front End Alignment – Qty: 1 - $10,000
Compressors – Qty: 4 - $1000 each
Buffer – Qty: 1 – $7500
Car Wash – Qty: 1 – $7500
Phone System – Best Offer
Car Brake Lathes – Qty: 1 – Best Offer
Above Ground Tanks – Qty: 3 – Best Offer
Decarbonizer – Qty: 1 – $1000
Key Machines – Qty: 1 – Sold to Infiniti
Parts Racks and Bins – Best Offer
Parts Shelves – Best Offer
Benches – $125, $200 (with vises)
Outdoor Lighting Posts – Best Offer
GM Parts – Best Offer
GM Tools/ Special Tools – Best Offer – 2 sets already SOLD
Office/Waiting Room Furniture
www.oada.com
july 2014
13