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CATA Bulletin a Biweekly Newsletter CATA Bulletin a biweekly newsletter official Web site of CATA dealers Volume 104, No. 13 July 2, 2007 NADA: Best for dealers to send adverse action JMIC Life Insurance notice to all customers who are denied credit faces class action suit BY DENNIS M. O’KEEFE The CATA has been made aware of If a dealer regularly signs retail CATA LEGAL COUNSEL sales installment agreements with a class action lawsuit filed against his customers, he should follow JMIC Life Insurance Co., alleging that A July 5, 2004, edition of the CATA the ECOA rules for a ‘participating JMIC failed to return unearned premi- Bulletin advised that dealers who fail creditor,’ including the adverse ums to consumers who purchased to submit a completed credit applica- action notice requirements. credit life and disability insurance and tion to a bank or finance company must paid off their vehicle loans before the notify the consumer that their credit has “In contrast, if you only refer cus- policies expired. been denied and the reasons why, inas- tomers or prospective customers to A second issue in the litigation is much as a failure to submit the appli- creditors, or select or offer to select whether consumers were obligated to cation is tantamount to denying a cus- creditors from whom the customer will notify JMIC and request a refund, or tomer credit. directly request credit, you are what is whether the burden to notify rests This so-called “Adverse Action No- called a ‘referral creditor.’ Referral solely on the insurance company. tice” is the subject of a new 28-page creditors are not required to give ad- The litigation has been certified as a NADA publication, “Adverse Action verse action notices, although they still nationwide class action. JMIC has been Notices Guide,” which the NADA are subject to the ECOA’s (Equal Credit ordered by the Superior Court of mailed in June to its membership. Opportunity Act) rules against illegal Muscogee County in Georgia to pre- In its Guide, the NADA stresses that discrimination. pare and send a letter to its dealers with it is providing “guidance to dealers in “Unfortunately, the ECOA and its SEE JMIC, PAGE 4 an unsettled and evolving area of the regulations are unclear as to what it law in which many courts and dealer means for a dealer to ‘regularly partici- attorneys disagree as to the scope of pate in a credit decision.’ The courts DOC fee bill awaits dealers’ compliance obligations.” Not- have reached different conclusions in withstanding this caveat, the Guide answering this question. action by governor urges dealers to undertake general acts “In some cases, a dealer has been Illinois Gov. Rod Blagojevich has to safeguard themselves. deemed to ‘participate in a credit deci- until about Aug. 20 to act on legisla- The operative part of the Guide states sion’ when the dealer merely forwards tion to increase to $150 the state’s as follows: the customer’s application to a bank or maximum permissible documentary “The adverse action notice require- finance company for its determination. service fee. ments apply to ‘participating credi- “Dealers have also been deemed to House Bill 1657, which cleared the tors’—that is, creditors who ‘regularly ‘regularly participate in a credit deci- General Assembly last spring, was de- participate in a credit decision,’ includ- sion’ in a spot delivery credit sale. livered to the governor June 20, when ing setting the terms of the credit. Under some interpretations, a dealer the 60-day clock began ticking for him As a dealer, you are a ‘participating may ‘regularly participate in a credit to sign or veto the bill. creditor’ if you “regularly participate decision’ because the dealer regularly The current maximum DOC fee that in a credit decision.’ SEE ADVERSE ACTION, PAGE 4 dealers can charge is $58.48. 2 CATA Bulletin July 2, 2007 Compliance Chart helps dealers abide with federal standards, regulations Every day, in every dealership, is- truck dealerships. The NADA/ATD Here’s one example of how the chart sues arise regarding federal regulations Regulatory Affairs staff has attempted works: By looking under the listings and how to comply with them. Are to make this list complete. However, for the Federal Trade Commission, coolant and antifreeze disposed of due to the large number of potentially dealers can find the section for the properly? Do consumer privacy efforts applicable regulations and the ever- Gramm-Leach-Bliley Act (GLB Act): meet federal standards as outlined in growing nature of the federal govern- Privacy Rule, along with a brief note the Gramm-Leach-Bliley Act? Are ser- ment, developing a 100 percent com- explaining the GLB Act and a notice vice and body shop technicians using plete list is impossible (particularly in that the Act generally applies only to personal protective equipment in accor- the area of tax). This second edition of car dealers. dance with OSHA guidelines? the chart supersedes the first edition The entry then lists a publication and Dealers need a resource to help them from 2003. other materials that are available find answers to these and many other The chart is organized alphabetically through NADA’s Regulatory Affairs questions affecting dealership manage- by regulatory agency. A short summary Office. Dealers also would find links ment. The “NADA & ATD Federal of each rule includes sources for fur- to further information available online Regulatory Compliance Chart” is ex- ther information. Symbols indicate through the FTC. actly that resource. Dealers can order where an NADA guide or bulletin is Note: The chart covers only federal the print version of the chart by calling available. A key detailing each symbol regulations. Many state and local rules 800-252-6232 ext. 2. NADA members is located at the beginning of the chart. also apply to dealerships. For specific can order a free PDF of the chart by The chart also notes if the rule gen- legal matters affecting dealership op- phone or online at www.nada.org/ erally applies to car dealers, truck (me- erations, contact your dealership attor- mecatalog. dium- and heavy-duty) dealers, or both. ney. The compliance chart provides a Lastly, a check-off column is provided This article is adapted from the sec- checklist-style overview of many fed- since the chart is designed in part to ond edition of the NADA & ATD Fed- eral rules that apply to automobile and assist with internal compliance reviews. eral Regulatory Compliance Chart. New minimum wage poster can be Scarpelli re-elected NADA director downloaded from CATA Web site Ray Scarpelli Sr. won re-election in June for a three-year term as the NADA’s director of metropolitan Chicago, a Updated workplace posters that all employers must dis- post he has held since 2002.The NADA region encompasses play for their workers can be gathered from the CATA Web Cook, Lake (Illinois) and DuPage Counties. site, http://cata.drivechicago.com. Illinois businesses must Scarpelli, president of Raymond Chevrolet and Kia in obtain new posters to reflect the state’s increased minimum Antioch, and Ray Chevrolet and Suzuki in Fox Lake, be- wage rates, effective July 1. gins the new term in February in San Francisco, at the an- Along the top of the site’s homepage, a black bar identi- nual NADA convention. Another NADA director, Richard fies several information categories, each with a drop-down Gregg, represents dealers in Illinois’s other 99 counties. menu of topics. The rightmost category, Resources, is where the workplace posters are maintained. All the federal posters, plus all state posters mandated by The CATA Bulletin is published by the Chicago Automobile Trade Association Illinois and Indiana, are posted—all in English versions and 18W200 Butterfield Rd. Oakbrook Terrace, IL 60181-4810 most in Spanish versions. 630-495-CATA [2282] phone 630-495-2260 fax All of the increasing resources available on the CATA The CATA Bulletin is published and mailed every other Friday Web site are available free to members. The existing design except during the Chicago Auto Show, when it is not published. misleadingly suggests that a password is necessary to navi- Listings of items for sale are subject to the approval of the CATA. Candidates for employment must submit a full résumé to gate the site, but that will be corrected when the site is rede- the Editor. signed. Review past editions dating to 1998 or search by subject at Passwords are needed only for dealers to manipulate the http://cata.drivechicago.com/ inventories they list at www.drivechicago.com—another Jerry H. Cizek III President, Publisher membership benefit offered free by the CATA. Erik K. Higgins Editor, Director of Dealer Affairs July 2, 2007 CATA Bulletin 3 Some dealers spending a mint (or mints) to improve customer service BY JIM KOSCS, CONTRIBUTING EDITOR year maintenance easier and faster are quick-lube lanes in AMERICAN INTERNATIONAL A UTOMOBILE DEALERS A SSOCIATION the service areas. Both of Fink’s Hyundai stores have loaner How customers perceive the showroom transaction and fleets, as well. subsequent dealer service ultimately can influence their per- Fink said the customer-focused practices have resulted ception of the entire brand. Several companies put us in in a loyal following for his “big store” in New Port Richey. touch with dealers they feel are helping build brand cus- The name recognition, he added, helped successfully launch tomers for life. Investment ranges from a few dollars to a the Wesley Chapel store, which sold 118 vehicles in its first few million. full month versus planning volume of 50. At Volkswagen of America headquarters in Detroit, • At Olathe Toyota-Scion in Olathe, Kan., the top Toyota they’re keeping a close eye on Ron Esserman’s Miami VW dealer in its region, it’s all about going big and keeping store.
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