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MSADA, One McKinley Square, Sixth Floor, Boston, MA 02109 FIRST CLASS MAIL M a s s a c h u s e t t s US POSTAGE PAID BOSTON, MA PERMIT NO. 216

autoDEALER August 2009 • Vol. 22, No. 6 The official publication of the Massachusetts State Automobile Dealers Association, Inc

INSIDE: •Cash For Clunkers: Deals and Headaches •Chrysler, GM Adding Dealerships? •Non-competes: Enforceable?

M a s s a c h u s e t t s

autoDEALER

The official publication of the Massachusetts State Automobile Dealers Association, Inc S t a ff Directory

Robert O’Koniewski, Esq. Executive Vice President [email protected] t A B l e o f C o n t e n t s Irene Varao Director of Administration [email protected] Tricia White 4 From the President: Confusion Reigns Accounting and Membership Manager [email protected] 6 Political Action: The Three Billion Dollar Baby Mike Nixon AYES State Manager [email protected] 8 Cover Story: Sam Poikail “Cash for Clunkers” Information Technology & Membership Information Manager 10 LEGAL: “Are These Thing [email protected] Tom Nash Enforceable?” Editorial Coordinator [email protected] 11 INSURANCE: Karen Kast-McBride Administrative Coordinator Catalytic Converter Theft [email protected] Nicole Ventosi 12 THE TRUCK CORNER: Administrative Assistant Walking the Halls of Congress, Part II Paul Fellows Summer Intern 13 ACCOUNTING: Cobra Changes Explained

Subscriptions provided annually to 14 NEWS From Around the Horn Massachusetts dealers. All address changes should be submitted to: MSADA by e-mail: 15 CALENDAR [email protected]

Postmaster: 18 AYES Send address change to: One McKinley Square, Sixth Floor Boston, MA 02109 21 NADA Update

Auto Dealer is published by the Massachusetts State Automobile Dealers Association, Inc. to provide information about the Bay State auto retail industry and news of MSADA and its membership.

www.msada.org Massachusetts Auto Dealer AUGUST 2009 4 from the President

by James G. Boyle, President, MSADA Confusion Reigns as Clunkers Program Concludes

K eeping up with this stuff is hard. 4. Keep PDFs under 8 MB. Anything larger than 8 mega bytes Whether you’re a dealer, cable news talking head or will clog NHTSA’s system. Resolution should be set for 200- lawmaker, we’ve all been struggling on a daily basis to keep 300 dpi (per NHTSA’s recommendation) to help the system track of how the Consumer Assistance to Recycle and Save run more smoothly. If possible, just send one PDF. There’s no (CARS) program is faring. If ’s still moving dozens of cars need to create a separate PDF for each document, just label off your lot and keeping consumers excited by the time you each sheet (e.g. title, proof of insurance, etc.) and keep them read this, obviously it’s worth the trouble. However, when this in order. magazine went to print, it was set to end on August 24. 5. Don’t leave transactions on hold for too long. You can hit Like most Association members, I’ve been expending a lot “Save for ” and come back to the transaction to complete of energy staying on top of the latest changes in the CARS it at a later time. But don’t wait too long. Submit it at your program. While the Association has been doing all it can to first opportunity so there is not a backlog of deals in “draft make sure dealers are kept informed, it’s clear — even after mode.” the sales window closed — the program is not going to become 6. Make sure the summary of sale and lease documents are any less of a nightmare to deal with despite the sales we’re signed by the dealer AND purchaser. Get the purchaser’s getting. Here are some pointers I’ve found useful, supplied by signature while you have them at your store. the American International Auto Dealers Association: 7. Submit Insurance Documentation. While NHTSA has made changes to the rules regarding proof of insurance for states Tips for Navigating the that do not require insurance (WI and NH), ALL other states still must submit proof of insurance for one year. CARS Program 8. Kill the engine before sending a car to the salvage yard. 1. Pay attention to detail. NHTSA reports that a number of Failing to do so will result in fines and penalties, including deals are being submitted with incomplete paperwork and removal from the CARS program as a registered dealer. missing attachments and signatures. Assign someone at the 9. If you realize you made an error in your submission, don’t dealership to be the quality checker before you hit submit. wait for NHTSA to process and reject it. You can follow four 2. Remember to write “Junk Automobile/CARS.gov” on the simple steps to cancel your submission. front AND back of the car title. Write it big and legible – some • Send an email from your registered CARS email address dealers have even had stamps made for this purpose. from your dealership account 3. Don’t submit PDFs (document scans) in color. Sure, they • Send to [email protected]. look pretty, but the time they take to load isn’t worth it. Black • Subject line should read “REJECT {INVOICE NUMBER}” and white is the way to go. – enter in the invoice number for the deal you want stopped.

AUGUST 2009 Massachusetts Auto Dealer www.msada.org MSADA 5

Especially in “situations such as the CARS debacle, getting Msada Board Barnstable County Gary Beard, Dick Beard Chevrolet information out to you Berkshire County [Open] quickly is extremely Bristol County Shawn O’Hara, O’Hara Mazda Essex County important. William DeLuca, Woodworth Motors Ann Regan Flynn, Regan Ford, Inc. Franklin County Steven Lorenz, Don Lorenz, Inc. • Enter in.the deal invoice number again. Hampden County Also, as an MSADA member, you can access at our Website (www. Jack Sarat, Jr., Sarat Ford msada.org) all our bulletins that we have issued on this subject matter. Further, you can always call (617-451-1051) or e-mail” (rokoniewski@ Hampshire County [Open] msada.org) MSADA Executive Vice President Bob O’Koniewski with any questions you may have. Middlesex County James Boyle, Tuck’s Chris Connolly Jr., Herb Connolly Motors A Big Welcome Scott Dube, Bill Dube Hyundai Nicole Ventosi recently came on board at the Association office as an Norfolk County administrative assistant. Nicole comes to us with some great experience. Jack Madden, Jr., Jack Madden Ford She graduated from Blue Hills Vocational High School and is very Plymouth County familiar with the automotive programs – having built cars from the John Santilli, Sr., The Nissan Center ground up. Nicole is currently on the school’s advisory board, helping Suffolk County navigate the budget cuts handed down to the school from Beacon Hill. Robert Boch, Expressway Toyota She is a great addition to our team, and her experience will help Worcester County make us even more efficient as we work toward providing value to our Joel Baker, Baker Cadillac membership. Medium/Heavy-Duty Truck Dealer Director-at-Large Association E-mail Updates Richard Witcher, Minuteman Trucks, Inc. MSADA has been aggressively attempting to update our dealer Immediate Past President contact info to include e-mail addresses for all our members. Especially Dana S. Goodfield, Dana Automotive in situations such as the CARS debacle, getting information out to you quickly is extremely important. If you are interested in receiving NADA Director Raymond Ciccolo, Village Auto Group communications from the Association in e-mail format, such as the Bulletins (a complete list of which you’ll find on page 17), please let us Officers know at [email protected]. President, James G. Boyle Vice President, John Santilli, Sr. Treasurer, Steven Lorenz t Clerk, Jack Madden, Jr.

www.msada.org Massachusetts Auto Dealer AUGUST 2009 6 Political Action The Three Billion Dollar Baby

by Robert O’Koniewski, Esq. MSADA Executive Vice President

Cash for Clunkers receive the clunkers reimbursement of $3,500 “Until dealers s this goes to press the federal govern- or $4,500. Yet, do you know how many staffers ment has commenced a wind down of the the government had on payroll to review these A “cash for clunkers” program. Once the transactions? 225. That would work out to about come together program ceases at 8 p.m. on August 24, the two 1,111 applications per reviewer. Even at a review biggest short-term issues that will play out are: completion of 2 per hour, we are talking weeks, (1) When will the dealers be paid for all those perhaps months, before the entire load would to beat back the clunker deals? and (2) How are dealers and their be completed. Now multiply that problem by 3 customers to address any deals that are rejected as the government threw another $2 billion into by the government? the program once it realized it did not know how Machiavellian The clunkers program has succeeded in get- much of the original $1 billion was left, if any ting customers into showrooms and moving at all. At least the government also realized they manipulations metal off of dealer lots. However, the govern- needed more staff to review the submittals and ment’s administration of the program has been a subsequently expanded staff up to 1,000. Still, disaster. From the time when dealer registration “snail’s pace” is too speedy to describe how the of the Obama packets were sent out on July 17, through to the review process is working. announcement of the wind down on August 20, At the time of this writing, perhaps 2 percent dealers have struggled to comply with the gov- of all deals have been approved and funds remit- team, dealers ernment’s rules, its bureaucratic processes, and ted to dealers. Out of a $3 billion program that its administrative errors. As a result, your As- is still a lot of money waiting to be released and sociation received hundreds of phone calls and paid to dealers. The longer payments are delayed, will be putting e-mails from dealers and their staff struggling the longer dealers’ cash flow will be strained be- with proper compliance with the program rules. yond reasonable limits. In addition, we issued five bulletins over a four- With all the deals submitted into the federal themselves in a week span to give dealers the most up to date government’s computer system by 8 p.m. on Au- information possible on a program that seemed gust 24, dealers now must sit on pins and needles position to lose to be changing the ground rules every day. awaiting the verdict on each sale. If a sale is re- There were early signs that the government jected, can it be fixed with new documentation, was not ready for the immediate consumer popu- or is it gone for good? For “bad” deals, if the much more in larity for the program. The program carried an dealer delivered the vehicle prior to rejection, original price tag of $1 billion with an end date of what are the dealer’s options? Did the customer November 1 or until the cash ran out. This would sign a contingency agreement presented by the the long run.” measure out to sales of 250,000 vehicles. The dealer? How can the dealer unwind the deal and program met this appropriation within 5 days of be made whole? How much money will dealers its July 24 start. That would be 250,000 sets of be “out” because of rejected deals? Will consum- documents dealers would need to submit to the ers be driving cars and trucks they did not fully government for review and approval in order to pay for because they were able to game a system

AUGUST 2009 Massachusetts Auto Dealer www.msada.org MSADA 7

that was broken from the start? ket parts retailers – NAPA, AutoZone, bers, including Massachusetts Congress- These questions obviously concern us Pep Boys, etc. We have been working men William Delahunt, Barney Frank, as the voice for our member dealers. How- with the OEMs and their national groups James McGovern, and John Tierney. ever, these questions should concern every to lobby legislators as to the adverse im- Both of our Senators Ted Kennedy and taxpayer, who fronted their own money so plications of the bills to our industry. We John Kerry are sponsors on S.1304. that others may make purchases, and ev- will continue to provide more details as The president and auto task force mem- ery policymaker who created this scheme. this fight unfolds. bers opposed the legislation. However, in Let’s hope this will not be the prototype CRDR vs. NADA? the face of the large groundswell of Con- for how policymakers hope to “reform” gressional support, the administration, leg- As a result of the mistreatment of our health care industry. islative leaders, and dealer representatives Chrysler and General Motors dealers This cash for clunkers program cer- commenced negotiations on a resolution in the bankruptcy proceedings for their tainly has the potential to be the gift that of remediation for the terminated Chrysler respective manufacturers, a number of keeps on giving, good and bad. The pro- and wind-down GM dealers. disaffected dealers created the Commit- gram’s after-effects will be with us for Now, as the substance of those nego- tee to Restore Dealer Rights (CRDR) to some time to come. push corrective federal legislation. In the tiations take shape, a dispute has emerged Right to Repair bankruptcy process, all dealer protections whether the NADA can effectively negoti- ate on behalf of the dealers who are part of The Joint Committee on Consumer ensconced within state franchise laws the CRDR. Key drivers behind the CRDR Protection and Professional Licensure will were unenforceable. As a result, dealers have raised questions that the NADA is hold a public hearing on four pieces of were terminated without any of the pro- seeking to take the negotiations in a direc- legislation relating to the “right to repair” cedural or financial benefits required by tion counter to the stated purpose of the issue on September 15. We successfully the franchise laws in their home states. CRDR-supported bills and the real needs beat back this legislation in the 2007-08 The CRDR, which has no official of the affected dealers. session, but now the proponents are com- connection with the National Automo- There is a bigger picture at play here, ing back with different versions of past bile Dealers Association (NADA), asked as many dealers across the country are bills. This time we are also dealing with a Congressman Dan Maffei (D-NY) and questioning the effectiveness of NADA schism between the national repair group Congressman Frank Kratovil (D-Mary- in light of how the two OEM bankrupt- and the Massachusetts repair groups. land) to file a bill (H.R.2743) that would cies and the cash for clunkers program These bills, under the guise of servicing restore the economic rights of Chrysler have played out. We do not seek to be cars and trucks, would require automobile and GM dealers as they existed prior to in the middle of such a dispute while we manufacturers to release proprietary, trade each company’s bankruptcy. Senator work on issues that affect our member secret information to aftermarket parts Charles Grassley (R-Iowa) filed a simi- dealers, even the terminated; the recent companies, including the disclosure of lar bill in the Senate, S.1304. Upon the OEM bankruptcies can be a prelude to sensitive vehicle security information. We bills’ filings, your MSADA asked mem- what some OEMs may desire to do in see this bill as the first step in getting the ber dealers to call their congressmen to the future. However, as long as deal- camel’s nose under the tent in an effort to ask for their support, and many deal- ers are fighting amongst themselves take warranty work away from dealerships ers responded accordingly. Initially the – whether they are part of NADA or part and erode dealerships’ parts sales. The NADA seemed reluctant to support the of CRDR – dealers will lose. The other aftermarket parts companies are funding legislation, but a vote of its Board of Di- side knows that dealers are easily divid- this effort, using the independent repairers rectors in support of the legislative effort able on this issue. The other side needs as their “front” to convince legislators that dispelled any doubts. to simply fuel the dispute between the the dealers and their OEMs are in a grand H.R.2743 was referred to the House survivors and the terminated to make conspiracy to prevent repairers from being Committee on Financial Services, which sure nothing gets done, which is the real able to fix cars and trucks properly. Inde- is chaired by Massachusetts Congressman outcome that Obama and the task force pendent repairers already do more than 75 Barney Frank, who supports the bill. The want. Until dealers come together to beat percent of the non-warranty repair work, Committee voted the bill out favorably. back the Machiavellian manipulations of but to listen to them one would think deal- As this was happening, Republicans suc- the Obama team, dealers will be putting ers and the OEMs seek their complete re- cessfully led an effort to attached similar themselves in a position to lose much moval from the industry. provisions to an appropriations bill mov- more in the long run. If the 2007 public hearing is any in- ing through the House. This spending bill t dication of how things will go, the room was passed and sent to the Senate. MSADA Executive Vice President will be packed not with independent re- The House bill as of this writing has Robert O’Koniewski can be reached at pairers but with employees of aftermar- almost 280 sponsors, out of 435 mem- [email protected]

www.msada.org Massachusetts Auto Dealer AUGUT 2009 8 Cover Story

CA$Hfor Clunkers Kick-Starts Sales, Headaches By Tom Nash

ales for dealerships across the country jumped when “I’m relying on getting that money,” Randolph said. “I Sthe federal Car Allowance Rebate System was unleashed in can’t gamble that much money.” late July. With the sales, however, came layers of red tape the “(The program) does boost sales, it does create more traf- likes of which few dealers have ever seen. fic,” he added. “But nobody’s getting paid when the car gets By mid-August, 358,851 deals had been made across the delivered. If and when that money comes in, we’re going to country – and many Massachusetts dealers reported their most have a lot of happy people.” successful sales months since the economic downturn began in 2008. Despite moving the metal off the lot, the money the federal Import Cars Take the Lead government owes dealers has been slow in coming. One Mas- While the Ford Focus rose to prominence on the govern- sachusetts dealer reported making 102 deals as of mid-August ment’s list of most popular vehicles bought with clunker re- -- and has received only one check so far. bates, Toyota and Honda dominated. Jim Randolph, sales manager at Expressway Toyota, said Across Massachusetts, dealership lots were filled with ve- the dealership had made 115 deals. All of the sold cars will sit hicles ranging from Land Rovers to 80’s era Honda Civics. By on the lot until the rebate goes through. far, the most common were Ford and GM trucks and vans. While holding the cars has created some ill-will among “It’s coming down to vans and SUVS, all domestic vehi- customers, Randolph said it wasn’t worth the risk of the deal cles,” Randolph said. being rejected. Drawing on his seven years of experience at a Ford deal-

AUGUST 2009 Massachusetts Auto Dealer www.msada.org MSADA 9

Hill studio, explaining that many were taking advantage of both the potential $4,500 toward a new vehicle and the wan- “If and when that ing days of Massachusetts’ 5 percent sales tax. O’Koniewski also served as referee when the program ran money comes out of its initial $1 billion, making sure the public knew the dealers weren’t to blame for the program’s troubles. “Talk is not going to pay for the cars,” O’Koniewski told in, we’re going the Springfield Republican as the new appropriation came be- to have a lot of happy people.”

Jim Randolph, Expressway Toyota

ership, Randolph said customers who couldn’t afford import models back then were now coming in and price comparing Toyotas against domestic models. “When you do a price com- parison, a vehicle not in their price range back then now is in their price range.” for Clunkers Media Spotlight Remains on Dealers The program kept dealers in the press last month as the back- CA$H and-forth regarding its future kept everyone from lawmakers to consumers mystified as to its status on any given day. What remained clear, however, was that the program was bringing in business. A lot full of clunkers at County Nissan in Hadley. “When the government puts up billions of dollars to help stimulate the car industry, people are going to want to buy,” fore the Senate for a vote in late July. “I’m giving dealers the NADA Director Ray Ciccolo told The Boston Globe. same advice I gave them on Friday: Get the deals in the system Paul Connor, dealer principal at Mansfield Jeep Chrysler, and, frankly, hope for the best.” told the Globe the increased sales could not have come at a t better time. “I’m seeing an increase of probably another 20 percent next Paul Fellows contributed to this article. month, another 10, 15 cars,” Connor was quoted as saying. “To me, that’s huge. People’s margins have been so tight that you get 15 percent increases in your sales, you can really get Top 10 Vehicles Bought yourself into a profitable situation.” with Clunker Trade-ins Michael Quirk, GM at Quirk Volkswagen, appeared on NECN during the first week of the “Cash for Clunkers” pro- 1. Toyota Corolla 7. Ford Escape gram. 2. Honda Civic (front-wheel-drive) “We’re looking for a very busy week this week,” he told 3. Ford Focus 8. Honda Fit the network. “We have a lot of interest in both areas. A lot of 4. Toyota Camry 9. Nissan Versa the customers are looking to save on sales tax and also take 5. Toyota Prius 10. Honda CR-V advantage of the federal government program.” 6. Hyundai Elantra (four-wheel-drive) MSADA also fielded its share of interviews. Executive Source: Associated Press Vice President Bob O’Koniewski appeared at Fox’s Beacon

www.msada.org Massachusetts Auto Dealer AUGUST 2009 10 LEGAL MSADA by Patrick J. Bannon “Are These Things Enforceable?” unfair to allow the employee to compete on which lenders split interest with dealer- against the former employer. ship. Massachusetts judges have reached A judge won’t enforce an employee different conclusions on these issues. non-compete just because a dealership The circumstances of the employee’s would rather not compete against a former departure and how the employee handles employee who’s exceptionally talented. himself afterwards can have an important

Patrick J. Bannon is a There’s nothing unfair about an employee impact on a judge’s view of this issue. partner at McCarter & using his talent to compete -- that’s just In deciding whether a former employee English, LLP. ordinary competition and judges won’t would have an unfair advantage if allowed allow employers to use non-competition to compete, a judge will also consider geog- You’re about to hire a hotshot sales man- agreements to prevent it. However, a judge raphy and the passage of time. An employee ager, finance manager or general manager will enforce a non-competition agreement might argue that a new job is too far away from another dealership when the superstar to the extent necessary to prevent an em- from his former employer to pose any real tells you he signed a non-competition agree- ployee from taking competitively valuable competitive threat. Similarly, an employee ment with his current employer. Can you confidential information that was given to who memorized important pricing data hire him anyway or do you have to pass? him so that he could help the employer and might argue that he should not be prevented Or maybe the shoe is on the other foot. turning around and using it to harm the from competing for any longer than it would One of your top executives tells you she’s employer. Similarly, where an employer take for the data to become obsolete. jumping ship to a competitor even though enabled an employee to develop valu- Where does all of this leave a dealership she signed a non-compete with you. Can able personal relationships, a judge will trying to decide whether to hire an employ- you stop her from defecting? typically enforce a non-competition agree- ee at another dealership who signed a non- Sooner or later, just about every dealer- ment to the extent necessary to prevent the compete, or a dealership trying to decide ship faces one of these scenarios. Despite employee from using the relationships to whether to try to block an employee with a their regularity, many dealerships are still compete against the employer. non-compete from defecting? trying to answer a basic question about In the auto dealership context, many Unfortunately, the question “Are these employee non-competition agreements in disputes over the enforceability of non- things enforceable?” doesn’t have a simple Massachusetts: Are these things enforce- competition agreements boil down to dis- answer. In deciding whether to try to enforce able? A complete answer would fill a book, putes about whether information to which or whether to try to challenge an employee but here’s a rule of thumb: A Massachu- an employee had access is genuinely valu- non-compete in Massachusetts, a dealership setts judge is likely to enforce an employee able to the competitor where the employee would be well advised to seek an objective non-competition agreement if and only if seeks to work, and if so whether it is neces- assessment, as early as possible, of whether two conditions are satisfied. sary to prevent the employee from working the non-compete satisfies the two conditions First, the non-competition agreement for the competitor to protect the informa- of enforceability: whether it is an otherwise has to meet all the normal requirements for tion. There may be situations in which a valid contract, and whether enforcing the enforcement of any contract. dealership could argue that a former em- agreement is necessary to prevent competi- For example, the employee must have ployee was poised to take unfair advantage tion that is unfair. signed the agreement in return for some- of personal relationships, but it’s rare. There are also many strategic factors to thing of value. Getting a job or a raise or a In Massachusetts court decisions, deal- consider in deciding whether and when to promotion counts, but keeping a job might ers have claimed that the following types threaten, bring, risk or defend litigation. If not. The employee cannot be tricked or un- of information are confidential and -com litigation arises, the fact that judges have fairly coerced into signing the agreement. petitively valuable: a dealership’s “pricing reached varying decisions in the auto deal- And, of course, the agreement must still be and cost structure information”; informa- ership context highlights the need to explain in force. Lawyers often find room to argue tion about customer leases; lists of a deal- as clearly and persuasively as possible why about whether a non-competition agree- ership’s service customers; computerized a former employee’s competition would or ment is a valid contract, just as they do for sales methodologies; financial and - op would not be unfair, which often boils down other types of contracts. erational reports; financial terms and rates to why a certain kind of information is -- or Second, the non-compete will be en- negotiated by dealership with its vendors; isn’t -- competitively valuable. forced only to the extent that it would be and lender rates and credit terms and terms t

AUGUST 2009 Massachusetts Auto Dealer www.msada.org MSADA MSADA INSURANCE 11 Gone in 90 Seconds Catalytic Converter Theft or a reciprocating saw (for converters that Loss Prevention Tips are welded in). And because thieves can By Steven Megee work undetected under the vehicle, con- - Park vehicles in a well-lit area with a Steven Megee is regional sales manager high volume of after hours traffic. at the Framingham Regional Office for verters can be stolen in broad daylight. Zurich North America Commercial’s In addition, thieves no longer have to - Eliminate use of off-premise lots to Programs & Direct Markets’ business unit. steal an entire car for a nice payday. The park vehicles unless security is present. theft of catalytic converters can be linked - Implement detailed lock-up procedures for securing doors, gates and In mid-2008, insurers and the National to sharply rising metal prices. The ma- fences. Insurance Crime Bureau (NICB) noticed a jority of converters manufactured today - Hire security guards – be sure to re- disturbing trend across the country – an in- contain three precious metals – platinum, search security companies and select reli- crease in catalytic converter thefts. While palladium and rhodium. able companies with good references and key control and vehicle and parts theft have Depending on which metal was used, a proven track record. always been a concern, catalytic converter thieves can sell converters to metal recy- - Install a video surveillance system. theft is a relatively new crime which can be clers for $20-$200 per converter. Recy- - Conduct thorough background checks very costly for auto dealers and aftermar- clers then extract the metal and resell it of employees. ket businesses if not addressed. for thousands of dollars per ounce. Catalytic converters are an easy and In addition, many insurance policies Targeted vehicles may include just valuable target to thieves. However, by are carrying higher per vehicle deduct- about any pick-up truck or sport utility ve- following sound loss prevention practic- ibles and higher per occurrence deduct- hicle that sits high enough off the ground es, businesses can minimize risk and save ible aggregates, which require the insured to allow an individual to slide under it thousands of dollars in potential losses. to reimburse the insurer up to an agreed without a jack. Particularly attractive to upon amount annually before losses are thieves are newer vehicles that have two t paid by the insurer. Therefore, custom- converters. ers may end up paying the full cost of re- placement until they meet their aggregate Theft Rings amount. While small scale thefts are usually The good news is there are steps you committed by individual thieves, most of The “Red can take to protect your business against the larger thefts targeting multiple vehi- Flags” this type of theft, which will be discussed cles at a single business appear to be com- later. mitted by theft rings. Rule First, let’s talk about why these crimes Theft rings often stake out businesses occur and who is committing them. for security, guards, fences, location of Date Has vehicles and lighting. Once thieves decide Changed Why catalytic where and when to strike, they move in and may work in teams as small as two to (Again) converters? as large as seven or more. Thieves are attracted to catalytic con- A typical large team of thieves would verters for two reasons: low risk and high consist of a couple individuals under reward. The ease in which a converter can vehicles removing converters, a couple be stolen presents few risks to thieves. more waiting nearby to carry stolen con- Enforcement Now Converters can be removed quickly, of- verters to a waiting van or truck, and two ten in less than two minutes, with only a or more waiting to load them onto the get Begins Nov. 1, 2009 wrench (for converters that are bolted on) away vehicle.

www.msada.org Massachusetts Auto Dealer AUGUST 2009 12 the TRUCK corner MSADA

Walking the Halls of Congress Part II bers of Congress needed comprehensive education to understand the business model of auto manu- In the last Auto Dealer magazine, I wrote about a facturers and dealers. NADA has held hundreds of recent visit to Washington DC on behalf of NADA. meetings with the Obama Automotive Task Force, Resetting the milieu: it was summer hot in DC - the Treasury Department, Small Business Adminis- - stepping out of a building into the open air was tration and Members of Congress. The issues cov- like an uncontrollable crash into a wall of heat and ered included bankruptcy, floor plan and consumer humidity. Stripping and jumping into the Reflecting credit, GM/dealer contracts, “cash for clunkers” and Pool or one of the monument fountains wouldn’t legislation to restore the rights of dealers through have provided any relief. The children and tourists the enforcement of state franchise laws. by Dick were red-faced and limp, like tired wash cloths used As a result, Congress and the media now have too many times. Business people and government a much better understanding of the importance and professionals tried to look cool and collected; the impact dealerships have on communities across the Witcher men removed jackets and loosened ties just enough country. Dick Witcher, the dealer to let a little of the humidity under their shirts escape At the same time, other important issues are on principal at Minuteman Trucks, Inc., serves on and women wore sandals, loose skirts and sleeve- the horizon such as a resurgence of the “Right to the MSADA Board of less blouses. There were long lines at the ice cream Repair” bill, estate tax legislation and, of course, the Directors as the Medium/ trucks and crowds wherever shade could be found. battle over union card check legislation. Supporting Heavy-Duty Truck Dealer Director. Inside the government buildings – I imagine most current legislative and regulatory issues are impor- of you have seen the National Geographic shows tant to all dealers. about the inner workings of bee hives or Dealers are one of the best organized and most ant nests – people looked relieved to be effective lobbying forces in this country. We must “We can’t off the street and scurried from place to fight for our rights. We cannot stand down. Govern- place. It was almost the dance of the ex- ment officials must understand we’ll fight at the na- impact plorer bee coming back to the hive telling tional level and bring our battle to state legislatures the rest of the workers the direction of the as well when the rights of small business owners every honey. The NADA Legislative Office ar- are being tossed aside. The struggle we’re engaged ranged all of my appointments, and I was in impacts the rights of all dealers. We’ve got to decision escorted by Joshua Heit, a great young continue action at every level to make sure our ad- guy on their team. versaries know car and truck dealers are a strong or law During my dance, I got into see leg- political force. islative assistants for Capuano, Lynch, Some dealers participate on national committees imposed, Kennedy and Kerry. Three of the as- and make appearances in DC to lobby and testify. sistants were very nice and somewhat For others, this kind of a commitment is not pos- but we need fluent in the subjects of importance to sible. Those who can’t make the time commitment me, the ATD and the NADA. One of can make a donation to NADA’s political action to keep our the assistants couldn’t stop yawning -- I committee: DEAC. Your contribution will keep thought he was going to fall asleep sit- pressure on members of Congress; strengthen our views ting there. I must have really been bor- collective voice on Capitol Hill and financially sup- ing him. port candidates -- Democrat and Republican -- who visible. The My message here is that even with understand our concerns as franchised dealers. the drowsy one, I got in to see and ap- Please consider supporting DEAC and make cer- side that peal my case to people who enact laws tain that your voice is heard. Get active, talk to your that impact our lives because of NADA representatives at all levels, and let them know your stays silent and the influence we have as dealers. impact on your community. We can’t impact every Please know NADA leadership and decision or law imposed, but we need to keep our will always staff have worked tirelessly to protect views visible. The side that stays silent will always our rights. It’s been a challenging job. lose. lose.” So many government officials and mem- t

AUGUST 2009 Massachusetts Auto Dealer www.msada.org the TRUCK corner MSADA ACCOUNTING 13 COBRA Changes Explained by Peggy Lopez and individual becomes eligible for another send written notice by August 31, 2009 to group health plan or Medicare. The full each qualified beneficiary advising them Thomas Cogan subsidy amount is only available to in- of the extended election period and that dividuals whose modified adjusted gross the election period will last 60 days from On February 17, President Obama income is lower than $125,000 during a the postmark on the letter transmitting the signed into law the American Recovery year in which the subsidy is received. The notice. Carriers may require that eligible and Reinvestment Act of 2009 (ARRA). income limit for a married couple filing small businesses, or intermediaries, issue This act amends the COBRA law, which jointly is $250,000. such notices. is a federal program that applies to em- If an employer offers more than one The maximum coverage periods under ployers with 20 or more employees. plan option to active employees, the COBRA or mini-COBRA are not extend- Employees who lose group health plan employer may permit subsidy-eligible ed and remain 18 months, 29 months or coverage after involuntary termination individuals to elect coverage in a lower- 36 months for COBRA and 18 months of between September 1, 2008 and Decem- priced plan, even if the individual was mini-COBRA and are counted from the ber 31, 2009 are eligible for a 65 percent not previously enrolled in that plan. If the original qualifying event date. federal subsidy payment towards the cost employer permits this option, the notice For employers with 20 or more employ- of their COBRA premiums. described below must include a descrip- ees, the Department of Labor and Health Involuntary termination is defined tion of this provision and must provide and Human Services have released Model as for cause, but not gross misconduct; an individual a 90-day election period to COBRA notices with a brief description of employee resigns due to change in geo- choose the other plan option. how each notice is to be used, available at graphic location of employment; lockout The subsidy applies to both federal www.dol.gov/ebsa/COBRAmodelnotice. initiated by employer; employer does COBRA and similar state continuation html. The Abbreviated or Extended Elec- not renew contract; employer intends to coverage. In Massachusetts, employers tion Period notices were to be sent by April terminate employment and employee with two to 19 employees are governed by 17, 2009 to those individuals who were voluntarily retires or resigns rather than state continuation “mini-COBRA” plans. involuntarily terminated since September be terminated; voluntary acceptance of a Just recently clarification was made for 1, 2008 and who would be eligible for the buy-out package; employer significantly Massachusetts employers with two to 19 subsidy payments. The General Notice re- reduces employee’s hours and employee employees regarding who is eligible for places the old employer’s Election Notice voluntarily resigns as a result; termina- the subsidy under Mini-COBRA and who and will be sent to all qualified beneficia- tion as a result of disability, if initiated is eligible for the second chance election ries who experience a qualifying event by employer. The employee will pay 35 period. The law requires that commer- through December 31, 2009. The IRS and percent of the premium cost under the cial health insurers, Blue Cross and Blue DOL continue to release information and plan’s normal payment procedures. The Shield of Massachusetts, Inc. and health guidance for employers to assist in com- employer will initially pay the subsidy maintenance organizations offer an ex- pliance efforts on their websites www.dol. and then file for credit or refund on quar- tended election period to any individual gov/ebsa/COBRA.html and www.irs.gov/ terly employer payroll tax Form 941. If who was eligible for the carrier’s small newsroom/article/0,,id=204505,00.html. the employer pays 100 percent of CO- group continuation coverage at any time t BRA premium due to a severance agree- between September 1, 2008 and February ment, there is no subsidy reimbursement 16, 2009; did not elect such continuation for employer and this period still counts coverage during this period; and would towards the 9 month subsidy availability. be an assistance-eligible individual under If the employer pays less than 100 percent the American Recovery and Reinvestment of COBRA premium due to a severance Act if such election were in effect. After agreement, the eligible individual pays July 2, for 60 days after the carrier issues 35 percent of whatever premium charged written notice to the individual of such and the employer is only entitled to re- continuation coverage, eligible individu- imbursement of the 65 percent of what is als may elect continuation coverage. An

charged to the individual. individual’s continuation coverage will Peggy Lopez and Thomas Cogan represent Meltzer Eligible employees may receive the begin on the first coverage period after the Group Benefits, who work with O’Connor & subsidy for up to nine months or until the election of such coverage. Carriers must Drew, P.C. on COBRA issues.

www.msada.org Massachusetts Auto Dealer AUGUST 2009 14 Late-Breaking from Around NEWS the Horn NADAUpdate Update on ‘Cash for Clunkers’ ATTLEBORO Claims Submission Issues Tarbox Among Candidates for NADA and Automotive Trade Association Executives (ATAEs) from all over the country participated in a confer- New Chrysler Dealerships ence call on Wednesday, Aug. 12, with the National High- Two months after revoking 789 dealerships’ franchises, Chrys- way Traffic Safety Administration (NHTSA) regarding the ler is approaching some of the spurned dealers and asking if they’re “Cash for Clunkers” willing to vie for 140 “open” Jeep, Chrylser and Dodge franchises (CARS) program. NADA and the ATAEs reiterated a throughout the country,MSADA the Detroit Free Press recently reported. number of dealer concerns about the program, its implemen- Jim Tarbox, who fought hard to keep his Jeep dealership in tation, and the financial burden it has placed on many deal- North Kingstown, R.I., and Dodge point in Attleboro, Mass., said ers across the country. NHTSA recognizes that the CARS a Chrysler representative told him in mid-August he was on the program has had a number of technical problems, and indi- list of candidates for a new franchise. cated that it is working hard to address those technical issues. “I don’t know if they’re harassing me or what. They just took NADA can report the following: everything away from me,” Tarbox told the Free Press. I. NHTSA currently has 225 employees processing reim- Tarbox had previously challenged the Chrysler bankruptcy pro- bursement claims. They are working to increase staffing, ceedings in federal court, gaining national press attention for his with the goal of eventually having 1,000 people reviewing emotional plea to allow him to keep his franchises. claims. According to Automotive News, GM says it will re-establish II. NHTSA stated that they would post a list of the Top 10 dealerships in about 30 to 50 locations as well, and that terminated reasons that dealer reimbursement submissions have been dealers will have the opportunity to make the first proposals. rejected to date. The most common reasons for rejected deals NHTSA stated are: BOSTON •Absence of a brand, written or stamped on the front and back of the trade-in vehicle’s title that states “Junk Auto- Former Dodge Dealership mobile, CARS.gov.” Takes on Thrifty Franchise • Lack of proof of continuous insurance • Summary of Sales Agreement has missing signatures The former Westminster Dodge dealership profiled in last VIN mismatches month’s cover story is now operating as a Thrifty used vehicle franchise at its long-time Dorchester showroom. III. NHTSA has provided a contact e-mail for dealers to submit questions about reimbursements and other technical Like many dealers who have remained open as either used vehi- assistance. The e-mail address is: 9-AMC-NHTSA-CARS- cle sales or service centers after losing a franchise, Sales Manager [email protected]. NHTSA stressed that this ad- Joe Lawlor said the store is trying to combat the perception that the dress should not be used for general concerns or questions. IV. NHTSA stated that its computer system would be con- ducting an automatic review of the CARS reimbursement submissions on August 12, which will likely result in a large number of rejections. Submissions will be rejected for more obvious errors, such as a failure to include any attachments. Dealers should not be surprised to see a larger than normal number of rejections, and are encouraged to closely review all of those rejected transactions, identify the errors or omis- sions, and re-submit them once they have been properly completed. V. Several recent entries on the CARS.gov Web site, includ- ing issues relating to transaction contingency agreements and the timing of vehicle delivery, have created confusion. These issues were raised with NHTSA and are under review. NA- dealership closed for good in the wake of Chrysler’s exit. DA will report any clarifications received from NHTSA. To that end, Lawlor said the dealership will be advertising heav- ily and “continue to fight that battle day by day.”

AUGUST 2009 Massachusetts Auto Dealer www.msada.org from Around 1517 the Horn MSADA Calendar Tuesday, August 25 LAWRENCE • In Control Advanced Driver Training Weymouth, MA Nassar Ford to Close by Wednesday, August 26 End of August • Southern Auto Auction, East Windsor, CT Lynnway Auto Auction, Lynn, MA A Ford dealership with 73 years of his- “Nassar is a great • Saturday, August 29 tory will be closing by month’s end after dealership with the company decided to buy back the fran- • In Control Advanced Driver Training a great tradition chise in late July. North Andover, MA Owner Henry Nassar Jr. said the com- and a long history Tuesday, September 1 pany will not open another franchise in in Lawrence. It’s a • In Control Advanced Driver Training Lawrence, despite an offer from Com- real loss for Weymouth, MA monwealth Motors to buy the franchise. the city.” Wednesday, September 2 Nassar told The Eagle Tribune Ford’s • Southern Auto Auction, East Windsor, CT decision may be related to the city’s over- – Charles Daher, • Lynnway Auto Auction, Lynn, MA all prospects rather than low sales figures. Commonwealth Motors Saturday, September 5 “People are not rushing to Lawrence,” Nassar told the paper. • In Control Advanced Driver Training Nassar has not decided whether the lot will remain open as a Weymouth, MA used car and repair facility. The status of the store’s 50 employees Wednesday, September 9 remains unclear. Southern Auto Auction, East Windsor, CT Charles Daher, of Commonwealth Motors, said the decision re- • Lynnway Auto Auction, Lynn, MA flects poorly on Ford executives. • “They think they know more than we do,” he told the Tribune. Wednesday, September 16 “It’s too bad. Nassar is a great dealership with a great tradition and • Southern Auto Auction, East Windsor, CT a long history in Lawrence. It’s a real loss for the city.” • Lynnway Auto Auction, Lynn, MA more news on next page

www.msada.org Massachusetts Auto Dealer AUGUST 2009 16 NEWS from Around the Horn

SHREWSBURY Former MSADA Director to Publish Book Mark Ragsdale, former MSADA Director and former deal- ership owner, will soon publish a book, titled Car Wreck: How You Got Crushed by the U.S. Auto Industry. Ragsdale says he will be promoting the book on a tour throughout the country while filming a documentary – which he hopes will feature Massachusetts dealers on the record about their struggles. It is scheduled to be published this fall.

BOSTON Volvo Village Honored by Boston Main Streets Ray Ciccolo’s Boston Volvo Village of Brighton was re- cently honored by Mayor Thomas M. Menino as the 2009 Outstanding Business for Brighton at the 13th annual Boston Main Streets Achievements Award Ceremony at the Univer- sity of Massachusetts-Boston. Boston Volvo Village was nominated for the award by the Brighton Main Streets Board of Directors in recognition of its service to the Brighton community.

AUGUST 2009 Massachusetts Auto Dealer www.msada.org MSADA 17

BOSTON “Cash for Clunkers” Dominates MSADA NEWS The Year in Bulletins Local Media through Early August 1. “Tough Times, Tougher Dealers: Saving Your Dealership’s Assets,” 1/7/09 2. Real Estate Tax Alert, 1/16/09 3. Health Care Law Filings, 2/2/09 4. State of the Industry, 2/9/09 5. The Credit Crisis, 2/19/09 6. New COBRA Rules, 3/6/09 7. Your Dealership’s ‘To Do’ List, 3/13/09 8. The Perfect Storm, 4/9/09 9. Legislative and Regulatory Updates, 4/14/09 10. Legal Updates, 5/6/09 11. New Forms Purchasing Program, 5/18/09 12. 2009 Wage-Hour Guide 5/26/09 13. New You Can Use, 6/15/09 14. OEM Bankruptcy Update; Dealer Call to Action, 6/24/09 15. Mass. Sales Tax Hike; Cash for Clunkers, 6/29/09 16. Regulatory Updates, 7/14/09 17. DOR Rules; Sales Tax Hike; Cash for Clunkers, 7/24/09 MSADA Executive Vice Preisdent Robert O’Koniewski 18. Sales Tax and CARS Update, 7/28/09 explains the CARS program on Fox 25. He later defended 19. Cash for Clunkers Update, 7/30/09 dealers against accusations of breaking the program’s rules as the 20. Cash for Clunkers: On or Off, 7/31/09 federal government struggled to keep up with rebate checks. 21. Cash for Clunkers: New Monies, 8/709 “It’s really the dealers who are now fronting the $3,500 or 22. Cash for Clunkers: DOT, NADA Updates, 8/13/09 $4,500 per transaction,” he told the network in August. “And 23. Cash for Clunkers – More Updtes, 8/17/09 if they’re not getting paid it’s tough to make payroll, pay your 24. Cash for Clunkers – The End is Near, 8/21/09 utility bills. It’s tough to pay for inventory while those funds are tied up at the federal level.” For over one hundred years Kendall, Taylor & Co., Inc. has provided a full range of architectural, engineering and planning services. Since 1978, we have designed over 150 dealership projects ranging from new facilities to additions and alterations to adaptive re-use and consolidation projects, both large and small. Call Peter M. Blaisdell, AIA if you would like a free initial consultation. Kendall, Taylor & Co., Inc. 381 Boston Road Billerica, MA 01821 MSADA President Jim Boyle spoke with national media just Tel.: 978 667 2900 after the CARS program was first thought to be over, telling Fox Fax: 978 667 2960 Business that the government had not pulled the plug. E-mail: [email protected] Web: www.kendalltaylorandcompany.com See full story on page 8.

www.msada.org Massachusetts Auto Dealer AUGUST 2009 18 AYES

AYES State Manager Graduates from Management Institute Mike Nixon, state manager of the AYES program for MSADA, recently graduated from for Organization Management. The Institute is a four- year nonprofit leadership training program at Villa- nova University that focus- es on developing skills to better lead organizations. “I would like to thank Bob O’Koniewski and the Board of Directors for their support of my professional growth,” Nixon said. “ I hope that the knowledge and experience gained from AYES State Manager Mike Nixon (left) and David Roberts, Executive Vice President of the Institute Program will be the Mississippi Trucking Association, receive an asset for the Association their diplomas. going forward.”

AUGUST 2009 Massachusetts Auto Dealer www.msada.org MSADA 19

Manufacturer Training at MassBay

A state AYES meeting followed a recent training session held at MassBay Community College for instruc- tors in late May, which featured Toyota and GM repre- sentatives.

BOSTON CONVENTION AND EXHIBITION CENTER

www.msada.org Massachusetts Auto Dealer AUGUST 2009 AUGUST 2009 Massachusetts Auto Dealer www.msada.org NADA Update by Ray Ciccolo 21 The End of Cash for Clunkers NADA Registration Now Open; First Class of Dealers Graduates from Babson Executive Education; Membership Eligibility Extended

With nearly $2 billion currently logged into the Cars Al- Financial Services Committee chairman Barney Frank (D- lowance Rebate System (CARS) and an unknown number Mass.) has introduced H.R. 3126, the Consumer Financial of backlogged deals, the U.S. Department of Transportation Protection Agency Act, which would create another federal announced that the “cash for clunkers” program would end agency to regulate financial services, with jurisdiction over at 8 p.m. EDT on Monday, August 24. any business offering credit. Although the Frank bill doesn’t In response, John McEleney, chairman of the National single out dealerships, it duplicates Federal Reserve Board Automobile Dealers Association (NADA), issued the fol- auto financing regulations, which are enforced by the FTC. lowing statement: NADA is working to ensure that dealers aren’t subject to “Today, the Administration announced the submission two sets of overlapping and conflicting regulations. deadline for all ‘cash for clunkers’ applications. Regardless of when the transaction is consummated, the application In other legislative and regulatory news… must be submitted before the deadline to be considered for funding. NADA Continues to Meet with Fed, Ratings “However, the National Highway Traffic Safety Admin- Agencies on Floor-plan Securitization istration (NHTSA) has advised NADA that any applications Throughout the summer, NADA has continued to meet submitted prior to the deadline and then rejected may still be with the Federal Reserve—as well as credit ratings agen- funded if the applications are subsequently corrected (even cies—to urge the office that oversees the Term Asset- if the corrections are submitted after the deadline). This op- backed securities Loan Facility (TALF) program to lift the portunity to cure the application is an essential element of obstacles preventing funding of floor-plan asset-backed se- the wind-down of the program. curities (ABS). “Both consumers and dealers participating in the ‘clunk- The ABS market, which produces much-needed credit ers’ program now have clarity. And now dealers around the for many floor-plan lenders, ground to a halt in 2008 and country can begin implementing an orderly wind-down has not returned. The TALF is designed to provide investors of the program, while managing their customers’ expecta- with low-cost, non-recourse government loans to encourage tions. them to purchase the bundled floor-plan lines of credit that “With a date certain, NADA is strongly recommending finance sources sell as securitized bonds to obtain funds for that all dealers now focus their attention and efforts on sub- continued floor-plan lending. NADA explained how TALF mitting reimbursement claims prior to the looming dead- loans may be made to floor-plan ABS investors in a manner line. that protects the FRB’s balance sheet. “Additionally, NADA will continue to work with DOT and NHTSA to reduce the backlog of pending applications In NADA news… and ensure that all dealers are reimbursed for valid ‘clunk- ers’ deals.” Dealer Executive Education Graduates First Class Dealer-Targeted Bill Shelved in Favor of On July 17, the charter cohort of NADA’s new Dealer Broader Financial Services Legislation Executive Education at Babson College in Wellesley gradu- The Consumer Credit and Debt Protection Act, H.R. 2309, ated. It marked the end of a six-module program over 16 introduced by Rep. Bobby Rush (D-Ill.), which would give months, during which the Babson faculty focused on leader- the Federal Trade Commission (FTC) expedited rulemak- ship, management, and entrepreneurship. ing authority over dealer credit practices, has been put on For the 24 graduates, the program provided a positive the backburner. NADA staff worked with the House Energy focus during the auto and truck industries’ tumultuous times and Commerce Committee on how to increase consumer and served to help them learn how to identify the oppor- protection and maintain dealer viability. But now, House Continued on next page

www.msada.org Massachusetts Auto Dealer AUGUST 2009 22 NADA Update

From previous page afternoon to maximize your convention experience with your tunities that inevitably present themselves during difficult early arrival. times. • Expo exhibits will available longer, with the expo hall John Ritucci of TriState Truck Center in Shrewsbury being opened every day, all day, Saturday through Monday. wrote, “NADA and Babson have collaborated on a truly out- • An Executive Workshop Track focusing on your business standing program, designed to enhance industry leaders’ ef- needs will be offered. fectiveness. The quality of the program, faculty, and collabo- • And general sessions will feature an incredible lineup of ration with peers provided for an exceptional developmental industry speakers with valuable insight into the needs of the experience.” dealers. The start date for the second cohort has not yet been set, but For information, go to http://expo.nada.org/nada2010/ a 2010 date is anticipated. For further information on Dealer public/enter.aspx. As you know, this convention is pivotal to Executive Education at Babson College, visit http://www. dealers facing so much uncertainty in the coming year. Please nada.org/TrainingEvents/Executive+Education and contact encourage all dealers in your state to attend. They’ll be glad Allan Jones, Dealer Academy director, at [email protected], they did, and so will you! (703) 821-7210 or (800) 248-6232, extension 7574. NADA-ATD 20 Group New Composite NADA Extends Membership Eligibility to Continues Rollout Dealers in Transition The new NADA-ATD 20 Group online composite is con- NADA members who have recently relinquished or lost tinuing its rollout, with all makes slated for completion by one or more new-vehicle franchises but continue to operate year-end. Mazda and Peterbilt composites are already in pro- as used-vehicle dealerships and meet other eligibility criteria duction, with composites for VW, BMW, Subaru, and Hyun- will be able to continue their memberships under a new “Sus- dai have all recently been implemented. taining Member” program. Sustaining members will contin- NADA 20 Group consultants report positive reactions ue to receive discounts on training, education, and industry from dealers, who find the composite an effective tool for events, as well as complimentary subscriptions to NADA Of- making decisions and projections to increase profitability. ficial Used Car Guide®, NADA’s award-winning AutoExec Pulled directly from the OEM financial statement, the new magazine, and other publications, and will be eligible to par- composites deliver the numbers dealers need, plus more than ticipate in NADA’s 20 Groups and Dealer Academy. 80 reports and customized comparisons. With this new category, NADA recognizes that these To view the new e-Learning demonstration of the compos- members have been part of the association for many years ite, visit www.NADA20Group.org/eLearning for the sched- and wants them to continue to be part of NADA despite fran- uled rollout of your franchise make. chise terminations and the current decline in auto sales. Interested dealers should contact Susan Wase at swase@ Have you properly identified your Autho- nada.org for additional eligibility criteria and other informa- rized Representative? tion about the sustaining member program. The Authorized Rep is the person who receives all informa- tion—ballots, invoices, urgent notices, etc.—from NADA’s 2010 Convention and Expo Registration Membership Department. If staffing has changed, members Now Underway need to advise us, and to make sure that e-mail addresses and Registration for the 2010 NADA Convention and Expo, at other contact information is updated. To make changes, go to the Orange County Convention Center in Orlando, February www.nada.org/membership or e-mail [email protected]. 13–15 is now open. t The coming convention offers attendees some new ways to save money while enhancing their experience and expand- ing their knowledge: • Early Bird registration fees, until September 15, 2009, will be offered along with several moderately priced hotel Ray Ciccolo, Village Auto Group, choices to ease your pocketbook. represents MSADA members on • The format will be three days, concluding on Monday at the NADA board of directors. 5:00 P.M. to save you a night’s hotel stay and return you to He welcomes your questions and your dealership earlier. concerns ([email protected]). • Two full workshop sessions will be available on Friday

AUGUST 2009 Massachusetts Auto Dealer www.msada.org