FIADA 1940-2015
Y E A R S
JUNE 2015
www.FIADA.com
Information and Insight for Florida Used Car Dealers
FULTON, MO PERMIT NO. 38
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Dealer Independent
MAILING ADDRESS 1840 Fiddler Court Tallahassee, FL 32308 TELEPHONE (850) 385-2712 (800) 237-0448 FAX (850) 385-3251 WEBSITE www.FIADA.com EXECUTIVE COMMITTEE Jim Winterick, Sr. President Paul Matton Senior Vice President Dino Mercurio Chairman of the Board Brad Joel Secretary Lisa Compagno Treasurer Scott Lanier Regional Vice President Christopher Leedom Regional Vice President Steve Marbais, CMD Regional Vice President Phil Risley Regional Vice President Govinda Romero Regional Vice President FIADA STAFF Lisette Mariner, CAE Executive Director Terry Myers Educational Instructor Jason Berthiaume Education and Marketing Coordinator Amelia Tillman Membership Director Christy Taylor Editorial/Advertising
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FIADA • 1840 Fiddler Court Tallahassee, FL 32308 (850) 385-2712 • Toll Free: (800) 237-0448 Fax (850) 385-3251 • www.FIADA.com The Independent Dealer is a publication of: Florida Independent Automobile Dealers Association, 1840 Fiddler Court, Tallahassee, FL 32308 The magazine is published every month in Tallahassee and distributed to Florida new, used, wholesale and lease/retail car dealers. Advertising rates are available upon request. The statements and opinions expressed herein are those of the individual authors and do not necessarily represent the views of Independent Dealer or the Association. Likewise, the appearance of advertisers, or their identification as members of FIADA, does not constitute an endorsement of the products or services featured.
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Contents June 2015
For members of the Florida Independent Automobile Dealers Association
C O L U M N S & F E AT U R E S 4
President’s Message Jim Winterick, Sr.
6
Executive Director’s Message Lisette Mariner, CAE
8
Finding Money for Your Customers Terry Myers last article in the series identifies the four main components of finding solid financing for your customer.
10
Member News
14
Keys to Insurance FIADA Insurance Agent of Record Kevin O’Connor defines what Garage Keepers insurance is.
16
FIADA 2015 Annual Convention and Trade Show The tentative schedule is out, and your chance to register for the 75th Anniversary Celebration is here.
20
2015 Legislative Wrap-Up Even though the Legislature didn’t accomplish their main goal of passing a budget, they did get FIADA-supported curbstoning language passed.
22
The History of the FIADA A time out from our decade historical review to remember and respect an influential association leader, Don Hyatt.
24
A Look at Current Legal Issues Attorneys Tom Hudson and Nicole Munro recap recent federal and legal developments of interest to dealers.
26
A Perfect Match Jacksonville’s Auction Direct makes big news when it partners with NIADA to provide CPO vehicles to customers.
30
Industry News
UPCOMING EVENTS July 10, 2015 FIADA Town Hall Meeting • 10am -2pm Cocoa Beach, FL
Oct. 22-24, 2015 FIADA Annual Convention Hilton Orlando Lake Buena Vista June 2015 — Independent Dealer — 3
FROM THE PRESIDENT
Perception is Reality BY JIM WINTERICK, SR., FIADA PRESIDENT
Y
ou may have the best of intentions and strive for great levels of customer satisfaction, but the perception by the general public is the reality we transact business in. Many of us adhere to the FIADA code of ethics. Many of us believe fair dealings are a must for our continued individual business success. Many independent dealers lead the way by their example. We have all heard the old adage, “do as I say not as I do.” I believe you must lead from the front or be trampled by those retreating from the fray. That is why I serve with the FIADA. We are at the forefront of actively changing the public and the legislature’s perception of our business. If there are going to be legislation or rules passed, I want input on how they are developed and implemented. If you recall the near past, the FIADA has been the vanguard for representing our business interests. We have been in the front, supporting the “Welfare to Work” initiative. We independent dealers help lower to middle class people get where they want, when they want, with whom they want, more than any other segment of our business. I contend that no one is more interested in growing and maintaining a viable middle class than us. We consistently deliver safe, quality, affordable transportation to a population in need of our service, all while being heavily regulated. Though our business becomes more involved and complicated every day, our association continues to keep all members updated of new requirements, dispensing information by industry professionals in a rapid and timely manner. If you are not a member, good luck with staying in tune to our constantly changing profession. Those of us who are involved in the association see the daily benefits of membership. Mistakes cost time and money. When the
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regulators come calling, the FIADA always gets that distress call for help. Whether its a 9-1-1 or an S.O.S., the FIADA is there for support and consultation. If you are not a member when it hits the fan, I’m certain you will want to be before it’s over. Our profession is our livelihood. Our license, granted by the State of Florida, is a valuable asset. It should be protected, held in high esteem and not passed on to those who would tarnish it and our profession. I urge you, if someone you know is allowing others to utilize their license for nefarious means, please let the FIADA know. We will attempt to reason with them and explain that they and all of us are in this together. No person or entity should ruin it for all of us. Our image is too fragile to be ruined by those shortsighted individuals looking for immediate financial gain. The deception of the public, and ultimately themselves, are desperate acts not to be tolerated by we who value our image. All of us know they won’t be in business long—just for enough time to drag our image and public perception down with them. It’s the perception that is one’s reality. As an association, we cannot tolerate desperate individuals ruining what many of us work daily to improve. If you are not a member of FIADA, join us. I promise it will be the ride of your life. Like the tide raises all boats, the public perception of the independent dealer can rise, or sink and take us down with it. One thing I am certain of in this business is you are not going to be successful staying the same. Get on board now and support your association. We need your help! It’s not their association—it’s ours, the Independent Dealers of Florida. Jim Winterick, Sr. FIADA President www.fiada.com
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Protective Asset Protection has been serving auto dealers of all sizes for 50 years. We know your job is tough – that’s why we’re in the process of getting you some help with your finance and insurance solutions. So, be on the lookout for your new addition. We’ll be making the big announcement soon.
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Contact Protective’s Florida representative, Chris Behrens at 866 452 7335 A “National Corporate Partner” has met stringent NIADA criteria demonstrating that it can provide valuable products and services to NIADA members. No legal partnership has been created by the granting of this status, but NIADA does receive compensation from Protective. Limited Warranty Products, Vehicle Protection Plans (VPPs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VPPs are backed by Old Republic Insurance Company, Limited Warranty Products are backed by Western General Insurance Company and GAP is not available. Credit Insurance is backed by Protective Life Insurance Company in all states except NY, where it is backed by Protective Life and Annuity Insurance Company.
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June 2015 — Independent Dealer — 5
EXECUTIVE DIREC TOR’S MESSAGE
A Salute to Fathers BY LISET TE MARINER, CAE, EXECUTIVE DIRECTOR
A
s a little girl, I remember how special my dad was and still is to me. The countless hours he worked to make sure my brothers and I were well provided for not only in wealth but love. He’s not in the car business, but loves it just the same. He made sure I could change the oil and tires on my car before I left home for college. This month, when Father’s Day rolls around we will celebrate our dads. It makes me think about some of the amazing dads that surround this industry. The hours they put in to ensure not only the success of their businesses, but the security of their families as well. Many have worked hard to build a successful business and have also taken the time and interest to mentor their children with hopes of one day passing it down. There is no doubt that as those “kids” begin to take over the family business they have made their fathers proud. I’d like to say thank you to all those dads who stuck with it and maintained the dream of a successful family business and to all the sons and daughters who have taken up the torch to carry on the legacy. Some that come to mind are Pete Mercurio, who built up his business in West Palm Beach and now has a wonderful son, Thomas “Dino” Mercurio, who has achieved his own success and is paying it forward with his son, Dante, who may not be too far behind following in the footsteps. It will be a happy Father’s Day also for Joseph Compagno with Palm Tree Auto Sales in Stuart, with the amazing trio he has in Lisa, Anthony and John. And of course, our current FIADA President Jim Winterick, Sr. with his namesake by his side, Jim Winterick, Jr. A past FIADA Quality Dealer, John Cousins, is a proud papa of his two boys Bob and Tom, who along with Tom’s wife Sherri, continue to strive for integrity and excellence in their family business. I can’t forget Mike Clark 6 — Independent Dealer —June 2015
with Appearance Plus and his son Mike, Jr. who is ready to take his place in the leadership of the dealership, George and David Hickey or Don Scott and Kevin who all share such a love and passion for our association. All of these fathers, and so many more, are special in so many ways and I salute you! Father’s Day is also a good time to honor and think about some of the fathers of our Association. Industry heroes like Ed Fernandez, Ellis Warren, Bob Snider and Bob Galloway. And of course, our dear friend Don Hyatt who recently passed away. Each of these men gave such pride and dedication to bettering our industry and growing our association. Especially as we get closer to our big 75th anniversary celebration, it is a good time to think about these men (and women) and give them the respect and appreciation they deserve. Along those lines, it’s time for the next generation to stand up and continue the tradition of greatness. We appreciate those who have answered the call already, like FIADA Past President Frank Fuzy who will be sworn in as the next President of the National Independent Automobile Dealers Association this month in Las Vegas, and our Quality Dealer of the Year, Chris Leedom, who will represent us with pride in the national contest in June. If you are a FIADA member, your heart should be swelling with pride right about now. If you aren’t a FIADA member, then you should be curious about this “who’s who” list of names that have molded, shaped and guided our association for the past seven decades. I invite you to find out more about their examples and our association online at www.FIADA.com. I think you will be impressed with what you find and excited to join the lineage of respected dealers that have led the way. www.fiada.com
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THE RESULTS YOU NEED. THE TOOLS TO MAKE IT HAPPEN. Get the advance you request from us every day, night, or weekend. Receive the approval you want anytime, from anywhere. Never lose another deal. Put our online tools to work for you. Call or logon today.
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Building Success Together
June 2015 — Independent Dealer — 7
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BACK TO BASICS
Finding Money for Your Customers BY TERRY MYERS
Finding the right financing is a delicate balance of four major things: customer, finance company, dealer and government regulations.
G
ood, solid financing for your customer requires the use of a four-legged stool: customer, finance company, dealer and governing bodies. The customer: The right car at the right price and affordable payments. The dealer: Acceptable profit over the short or long term on a vehicle that will service the customer for that term and longer. The financing company (which sometimes is the dealership): Ask the finance company what they need you to provide them about the customer and the car so they can make a decision to offer a loan or decline. • Does the customer have the financial resources to match payments? • What is their financial history? • What is vehicle value in relation to the loan? • Answer truthfully, always and everyone comes out a winner, even if the customer is rejected for the loan. The regulatory agencies: Apply required truth in lending, nondiscriminatory practices and disclosures to EVERY customer. If
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the deal must be modified or rejected, follow proper adverse action notices. Keep records on completed request and rejected request for the appropriate time factors. Properly structured deals produce happy customers who enjoy their purchase and not dread the next car payment. Leave out any of the four legs and you end up with a wobbly stool. Happy customers come back, bring family members and refer others. Happy customers make their payments. You do want to get paid, right? If you are uncertain about any of the above, contact the FIADA about the many resources available to members at the state and national (NIADA) levels. Terry LB Myers is an author, lecturer, FIADA instructor and FADS owner/instructor. Terry can be reached at (727) 804-7375 or tmyers@floridaautodealerschool. com. Feedback is appreciated and encouraged. Copyright 2015.
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June 2015 — Independent Dealer — 9
MEMBERSHIP NEWS
New Members
MAY 2015
Rejoining Members
MAY 2015
ALL STAR AUTO INC Port Saint Lucie, FL Anthony Gaudio Sponsor: FIADA
DEMOTT AUCTION CO., INC. Moultrie, GA Becky Moore Sponsor: FIADA
ADVANCE IMPORT Tampa, FL Sam Sameni Sponsor: Amelia Tillman
THE COLISEUM MOTORS CORP Pace, FL Rodrigo Moreno Sponsor: Amelia Tillman
ANITA AND SHAM AUTO SALES AND REPAIR Riverview, FL Anita Sahadeo Sponsor: Terry Myers
EMERALD COAST MOTOR CARS LLC Destin, FL Stan Hall Sponsor: Amelia Tillman
AUTOZONE Memphis, TN Jim Gray AutoZone Sponsor: Lisette Mariner
TUCKER AUTO SALES Orlando, FL Joe Bell Sponsor: Amelia Tillman
IAUTOZ.DIGITAL Weston, FL Pablo Barquin Sponsor: FIADA
Renewing Members
MAY 2015
MARLIN AUTO SALES LLC Dade City, FL Damon Patton Sponsor: Terry Myers
20+ Year Members J-Linn Motors Tallahassee Auto Auction
AUTOMODZ Pinellas Park, FL Dempsey Basham Sponsor: Amelia Tillman BLUE SOL AUTO Tallahassee, FL Alexandria Henderson Sponsor: FIADA.com CHARLES A KRBLICH, PA, CPAS Fort Lauderdale, FL Charles Krblich Sponsor: Frank Fuzy CORONA AUTO SALES LLC Auburndale, FL Miguel Flaquer Sponsor: FIADA CORPORATION CLINIC, INC Coconut Creek, FL Katia Tikhonravova Sponsor: Kevin Scott DAVID SABISTON USED CAR SALES LLC Fort Myers, FL David Sabiston Sponsor: Amelia Tillman DAYTONA BEACH AUTO DEALERS Tampa, FL Sergio Neto Sponsor: Paul Matton
MID-ATLANTIC FINANCE COMPANY Stuart, FL Tim Knox Sponsor: Amelia Tillman MR MOTORS INTERNATIONAL LLC Boca Raton, FL Roberto Giostri Sponsor: Kevin Scott PINE HILLS COLLISION CENTER INC Ocoee, FL Gewan Rajkumar Sponsor: Jennifer Finlay THE CARPORT LLC DBA AUTOPLEXX Orlando, FL Joe Ruggieri Sponsor: Lisette Mariner WENDY’S AUTO SALES LLC Bradenton, FL Wendy Vasquez Sponsor: Mark Walzer / Paradise Motors
DEBOLD MOTORSPORTS Bonita Springs, FL Scott Presti Sponsor: Lisette Mariner
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30+ Year Members Hawley Motor Sales, Inc. Harold D. Corey Auto Broker
Sarasota, FL Indian Rocks Beach, FL Clearwater, FL Tallahassee, FL
10+ Year Members Advanced Vehicle Modifications, Inc Buyer’s Zone, Inc. Creel Motors Fleet Lease Disposal Maher Chevrolet Ted’s Auto Sales, Inc.
Ocala, FL West Palm Beach, FL St. Petersburge, FL Delray Beach, FL Saint Petersburg, FL Saint Petersburg, FL
Under 10 Year Members ABCOA/Deal Pack Software Absolute Surety, LLC Ashton Agency, Inc. Aubrey’s Auto Sales Auto Dealers Wholesale AutoRaptor CRM Car Spot of Central Florida CarBucks Checkered Flag Auto Sales Dakota Auto Sales, LLC Dealer Funding, LLC Dominicks Auto Inc Eddie Anderson Motors LLC First Auto Sales Florida Cars USA Genuine Motorcars, Inc. Go Auto Exchange Godby Enterprises DBA Universal Auto Sales of Plant City Melbourne Auto Mart, Inc. Motorcars of Distinction Ocean Auto Sales of Miami, Inc. Ride-Away Handicap Equipment, Inc. Tomlinson Motor Company Vallejo Auto Sales WorldWide Motors LLC Your Auction of Tampa Bay
Jacksonville, FL Orlando, FL Winter Park, FL Delray Beach, FL Tallahassee, FL Providence, RI Mount Dora, FL Greenville, SC Lakeland, FL Sebring, FL Atlanta, GA Holly Hill, FL Lakeland, FL Bradenton, FL Miami, FL Saint Petersburg, FL Winter Garden, FL Plant City, FL Melbourne, FL Riviera Beach, FL Miami, FL Dallas, TX Gainesville, FL Clewiston, FL Jacksonville, FL St Petersburg, FL
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June 2015 — Independent Dealer — 11
Dealer Membership Application
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Sponsor
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The Florida Department of Revenue is initiating a statewide audit campaign against Florida used car dealers, starting late summer 2014. The Department obtained DMV records of all used cars sold in Florida and is comparing these records against sales tax returns filed by used car dealers. Based on this information, the Department will estimate what taxable sales should have been for each used car dealer and initiate desk audits, full audits, and criminal investigations based on the level of estimated underreporting. These estimates can be erroneous and do not take into account financing charges, repossessions, sales to out of state residents, or other factors that can affect sales tax. Even worse, it only takes $301 of collected but not remitted sales tax to face felony charges and up to 5 years in jail under FL law.
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The Law Offices of Moffa, Gainor, & Sutton, PA concentrate in the area of Florida sales and use tax controversy and we are qualified to assist used car dealers in a defense against the Florida Department of Revenue. Whether you have underreporting, you’re not sure whether your company is ready for a sales tax audit, or you simply have questions about which FL DOR forms to file (e.g. Form DR-123), then please contact our law offices today for a FREE INITIAL CONSULTATION.
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June 2015 — Independent Dealer — 13
KEYS TO INSURANCE
Garage Liability or Insurance Predictions for Garagekeepers…That is the Question New Year BY KEVIN O’CONNOR, INSURANCE AGENT OF RECORD BY KEVIN O’CONNOR, INSURANCE AGENT OF RECORD
II
started specializing in Garage liability in the mid 80’s and from day one, I noticed that the confusion between am to announce theand resurrection of “Keys the excited terms Garage Liability Garagekeepers wasto Insurance, ” a column I wrote this an issue. It didn’t take long for mefor tomany realizeyears that in I better magazine throughout the 1990s and up until 2005. get a clear understanding of the differences. And moreThe column touched thetosubjects relating them to thetoinsurance importantly to beon able clearly explain my clients. needs of the non-franchised motor vehicle dealer. When discussing the coverages with clients, I usually use Starting this month, we will be doing a quarterly edition the following basic example: of the column. We plan to discuss subjects such as risk management ideas to help reduce your insurance costs “A customer who purchased a vehicle from you brings it and eliminate claims, changes in insurance back to theunnecessary lot with a mechanical issue. Your mechanicmarket takes conditions, trends pricing and coverage new the vehicle for a testindrive to see what’s goingavailability, on, and in the productshits available the dealer industrythe and more. process, anothertovehicle. He totalled other vehicle and injured its driver. He also totalled the customer’s car he was Thisdriving. past year a challenging in ourare business, test Thewas other vehicle andyear its driver covered by especially in Florida. A new “wind the Garagehere Liability, the customer’s vehiclemodeling” is coveredsystem by the was implemented which completely changed the way Garagekeeepers.” carriers look at certain areas. This new system that non-coastal areas had Sounds simple right?identified Not so much. This is insurance and more hurricane exposure than was nothing’s simple. Let me try to muddy the waters. previously believed and pricing ofof policies were revised I’ll start with a basic definition “Garage Liability. ” The coverage is, in a sense, the equivalent accordingly. of combiningThe a claims from Business Auto Form with a Commercial General Liability 2012’s The Form including Products and Completed Operations. Hurricane garage policy we write today is almost identical to the one Sandy had I sold when I started in the business in the 80’s. Let’s take a devastating a brief look at the two sections of the policy in question: effect on the Dealers Section II (Liability) and Section III (Garagekeepers). Open Lot insurance marketplace. As a SECTION II: LIABILITY COVERAGE insurance The basic intent of the policy is to coverresult, bodilythe injury carriers areout nowof or property damage caused by an accident arising looking more closely at flood “Garage Operations.” Garage Operations is a very broad than ever before making statement and picks up exposure most things that could happen as a result of you operating your dealership. It also includes 10 — — Independent Independent Dealer Dealer —June — January 14 20152014
the ownership, maintenance or use of the autos. For an auto dealer, we typically cover all “owned autos” as well as it difficult toautos” find policies dealers that never had an “nonowned used inon your garage business (normally issue in past These caused a number of vehicles beingyears. worked on changes or stored). The definition insurancethe companies withdraw from the Florida market broadens scope of to coverage even further by adding a or limitall” what they Itoffer causing a supply and demand issue “catch phrase. states: “Garage Operations also include which subsequently raised rates. On the side, the” all operations necessary or incidental to apositive garage business. insurance industry has record surplus capital thanks in This wording is often open to interpretation by the insuring large partFor to instance, lower than losses over carriers. is expected the snackcatastrophe bar at the dealership the last few and increased investments yields. Most necessary oryears incidental to the garage business? I think you of the insurance industry analysts expect the trend of get the point, the definition is broad and encompassing to increasing rates to slow or even reverse in the near future. say the least. Unfortunately there are no crystal balls to tell us what to expect in 2014. All we doto is look keep at a close on the of The other definition wecan need is theeye definition industry anddefinition do our best to keep the readers of thisstates: column “Auto. ” This is much simpler. The policy ahead of the curve. “Auto” means a land motor vehicle, trailer or semitrailer.” That’s it. Unlike the CGL and Business Auto Forms, there’s Onreference a personal I wanted to licensed thank theforFIADA no tonote, the “auto” being use onBoard public of Directors for the to vote confidence in electing us their roads, no reference it’sof number of wheels, mobile Agent of Record. Our team insurance professionals equipment, or anything else.ofJust a land motor vehicle. specialize in your industry and make it our job to know Again, can we say broad? how your business works and understand what your dealership to bestand protect your assets. We are With all thisneeds ambiguity far reaching language, what available for questions from any association member could possibly go wrong? whether they are clients or not and we will do our best to answer questions under in a completely impartial manner. Now forthose the exclusions the Liability form. Exclusion Number 6 is the Care Custody Or Control exclusion. It We hope“property that Keys damage” to Insurance is an informative and excludes involving: (d) Property in the interesting column andorproves to the readersterms, that insurance insured’s care, custody control. In simple any can be fun. vehicle left with the dealership for repair, storage or even involved on a simple test drive is uncovered based on this exclusion. Keep in mind that third party claims caused by Kevin O’Connorvehicle of Dealers Insurance the customer’s are covered, theServices, vehicle Inc. itselfisisthe not. FIADA Insurance Agent of Record. If you have insurance related questions, contact FIADA at (800) 237-0448 or visit SECTION III: GARAGEKEEPERS COVERAGE the DISput, website at www.dealersinsurance.com. Simply Garagekeepers coverage is an optional line offering protection to the dealership for loss to a customer’s www.fiada.com www.fiada.com
auto left in the insured’s care custody or control. It simply fills in the gap that the exclusion above created. Garagekeepers coverage offers three different options: 1. Legal Liability: this is by far the most common. The protection applies to a customer’s vehicle being damaged due to the insured’s negligence. Things such as the mechanic wrecked the customer’s car while test driving it or the customers vehicle was left unlocked and unattended after hours. In this form, the carrier would make a determination as to liability on behalf of the dealer. If they deem the dealer was liable, they pay the claim. 2. Direct Primary: this form covers the customer’s vehicles regardless of liability. In the event of a loss caused by no action of the dealer such as a weather loss or a theft occurring even though the vehicle was adequately protected, the Direct Primary Garagekeepers pays. 3. Direct Excess: this is the most rare of the options however, in my opinion, it’s the best. The form affords protection to an insured for the loss to a customer’s vehicle regardless of liability just as Direct Primary does. The difference is in the event of the insured having no liability, the form will only pay in excess of any other collectible insurance. In other words, the vehicle owner’s policy would pay first, then any damages that were not covered will fall back on our insured. So why the confusion after all these years? In this “garage geek’s” humble opinion, it’s all in the wording. At the end of the day, Garagekeepers is no more than www.fiada.com
an endorsement under the Garage Coverage Form. To the layman, how could this not be a little confusing? Why not call it SECTION III: CARE, CUSTODY OR CONTROL COVERAGE? Anyone that’s totally confused after reading the bottom three quarters of this article, please refer back to the
basic example at the beginning… I guess I could have just stopped there. There. Now wasn’t that simple? Kevin O’Connor of Dealer Insurance Services, Inc. is the FIADA Insurance Agent of Record.
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June 2015 — Independent Dealer — 15
TRADE SHOW H CONTINUING ED WORKSHOPS H PRIZES H FOOD CE CREDITS 1940s DEALER LEGAL AVAILABLE SINCE 1940
THEMED
EVENTS
16 — Independent Dealer —June 2015
VENDOR
NETWORKING
UPDATE
AND Q&A
NEW DEALER
TRAINING
www.fiada.com
e v i t HOTEL: a t n Te SCHEDULE Thursday, Oct 22, 2015 3:00 - 7:00PM 6:30 - 8:30PM
Registration Open Welcome Reception
Hilton Orlando Lake Buena Vista
FRIday, Oct 23, 2015 7:30 - 4:00PM 8:00 - 9:00AM 9:00 - 10:15AM 10:15 - 10:45AM 10:45 - 11:00AM 11:00 - 12:00PM 12:00 - 1:30PM 1:45 - 2:45PM 1:45 - 2:45PM 1:45 - 2:45PM 3:00 - 4:00PM 5:00 - 9:00PM
Registration Open Breakfast Opening Keynote with Pamela Grimes, Proctor University Member Meeting/Elections Coffee Break Panel Discussion Networking Lunch Breakout Session A Breakout Session B Breakout Session C Division of Motorist Services Update Exhibit Hall Grand Opening, 1940’s Theme Party and Dinner
1751 Hotel Plaza Blvd, Lake Buena Vista 1-800-HILTONS OR (1-800-445-8667) There is a FIADA Room Block at the Hilton Orlando Lake Buena Vista. You can reserve your room by calling the number above and mentioning group code “FIA”. You can also book your room through the FIADA Group Page, using the same code. Reservations must be made by September 20, 2015 in order to qualify for the group rate of $139 (plus tax).
SATURday, Oct 24, 2015 8:00 - 9:00AM 9:00 - 10:00AM 9:00 - 10:00AM 9:00 - 10:00AM 10:15 - 11:45AM 12:00 - 2:30PM 2:45 - 3:45PM 2:45 - 3:45PM 2:45 - 3:45PM 4:00 - 5:30PM 5:30 - 7:00PM
Breakfast with Exhibitors Breakout Session A Breakout Session B Breakout Session C Keynote Speaker: Comedian Kenn Kington and Awards Ceremony Lunch with Exhibitors & Exhibitor Giveaways Breakout Session A Breakout Session B Breakout Session C Panel Closing Reception
Get the latest Convention schedule and info at ffiiada.com www.fiada.com
June 2015 — Independent Dealer — 17
2015 FIADA ANNUAL CONVENTION COMPANY INFORMATION
Company:___________________________________________________________________________________________________________ Address:__________________________________________________ City, State, Zip:_____________________________________________ Phone:___________________________________________________ Fax:______________________________________________________ E-mail:___________________________________________________ Website:__________________________________________________
REGISTRATION INFORMATION FIADA MEMBER DISCOUNTED REGISTRATION RATES
EARLY BIRD (3/1 - 8/31)
REGULAR (9/1 - 10/16)
ON-SITE (10/17 - 10/24)
[
] $249
[
] $299
[
] $349
Badge Name:___________________________________________________________
[
] $195
[
] $195
[
] $195
Badge Name:___________________________________________________________
[
] $195
[
] $195
[
] $195
[
] $100
[
] $100
[
] $100
[
] $99
[
] $124
[
] $149
Badge Name:___________________________________________________________
[
] $299
[
] $349
[
] $399
Badge Name:___________________________________________________________
[
] $195
[
] $195
[
] $195
Badge Name:___________________________________________________________
[
] $195
[
] $195
[
] $195
[
] $100
[
] $100
[
] $100
[
] $124
[
] $149
[
] $175
MEMBER
FULL ACCESS PASS Badge Name:___________________________________________________________
ADDITIONAL FULL ACCESS PASS (Available with purchase of Full Access Pass)
SPOUSE FULL ACCESS PASS (Available with purchase of Full Access Pass) Badge Name:___________________________________________________________ EDUCATION PASS (Does not include meals) Badge Name:___________________________________________________________
NON-MEMBER REGISTRATION RATES
FULL ACCESS PASS NON ADDITIONAL FULL ACCESS PASS (Available with purchase of Full Access Pass) MEMBER
SPOUSE FULL ACCESS PASS (Available with purchase of Full Access Pass) Badge Name:___________________________________________________________ EDUCATION PASS (Does not include meals) Badge Name:___________________________________________________________
FULL ACCESS AND SPOUSE FULL ACCESS PASSES includes all meal functions, seminars and exhibit hall access and is eligible for continuing education credit. Additional Full Access passes and Spouse pass are only available with a Full Access registration. Valid FIADA membership required for FIADA member registration rates. CHILD REGISTRATIONS AVAILABLE Contact FIADA at (800) 237-0448 for details and to register.
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$
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Name (as it appears on card):_____________________________________ Company:______________________________________________ Credit Card Billing Address:______________________________________________________________________________________________ Credit Card Number:________________________________________________________________
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Authorized Signature:_______________________________________________________________ CC Security Code:___________________ CANCELLATION POLICY: If cancellations are received in writing before 5pm on Monday, September 21, 2015, we will refund your registration fee. If cancellation is received between 9/22/15 and 10/11/15, we will refund your registration fee less a $25 processing fee. Fees cannot be refunded for registrations cancelled after 10/11/15 or for no-shows. PHOTO/VIDEO RELEASE: By registering for the 2015 FIADA Annual Convention, I hereby grant permission to use any and all photographic imagery and video footage taken of me at this event and activities pertaining to this event, without payment or any other consideration. I understand that such materials may be published electronically or in print, or used in presentations or exhibitions.
HOTEL INFORMATION: Hilton Orlando Lake Buena Vista. Hotel stay is separate from convention registration. Reservations must be made BEFORE SEPTEMBER 20, 2015 to qualify for group discount of $139 per night (plus tax) For reservations call (800) HILTONS/(800) 445-8667. Mail: 1840 Fiddler Court, Tallahassee, FL 32308 18 FIADA, — Independent Dealer —June 2015
Fax: (850) 385-3251
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877-281-2360 www.fiada.com
June 2015 — Independent Dealer — 19
L E G I S L AT I V E U P D AT E
2015 Legislative Wrap-Up BY SANDRA MORTHAM, FIADA LOBBYIST
T
his was not an ordinary session for the 2015 Legislature, effectively ending three days early when the House declared a suprising “sine die” and went home, leaving a lot of work undone. The tension in Tallahassee was thick, as Senate Democrats asked the Supreme Court to compel the House to return, claiming their actions violated the Florida Constitution. The Court agreed on principle, but said there was little that could be done about it, as the session was set to end on the day of its ruling, regardless. The Legislature really has one job to do every year: approve a budget. Since that was not accomplished, a special session was needed. The main budget hang-up was the issue of Medicaid expansion and federal funding of the Low-Income Pool (LIP) to reimburse hospitals for indigent care. It was expected lawmakers would finish most of the policy work, but most of the major issues remain unresolved, including many priorities of the two chambers’ leadership. A final tax cut package was also not passed. While taxes will certainly be part of the budget
FIADA
POLITICAL ACTION COMMITTEE
negotiations in special session, tax cuts are no longer a sure thing this year. With the Special Session in full swing at the time of this writing, I am not able to report yet on the final compromise. No doubt, there will be plenty of discussion about Medicaid and hospital reimbursement but a budget WILL get done. On the positive side, FIADA was VERY successful in its agenda this year. The curbstoning language you supported was passed, and as a result, local governments will be able to penalize violators to the tune of $500. Special thanks go to Lisette Mariner, Dino Mercurio and President Jim Winterick for all their help in getting this accomplished this session. There were many issues we followed this session but luckily no new laws were passed that would adversely impact your businesses. On behalf of myself and my staff, thank you for the opportunity to serve the members of FIADA.
SUPPORT THE FIADA PAC FUND! Your PAC Contribution helps spread awareness and gain support of issues affecting independent dealers in the state’s capitol.
CONTRIBUTION INFORMATION Contributor’s Name:________________________________________________________________________________ Dealership/Company:_______________________________________________________________________________ Street Address, City, State, Zip:___________________________________________________________________________ q
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$500
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$250
PAYMENT INFORMATION Credit Card Information:
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q
$100
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Monthly Credit Card Contribution (until cancel)
$50
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$25
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June 2015 — Independent Dealer — 21
The History of
fiada DON HYATT
T
his month we take a break from our historical recap of FIADA’s 75-year history to honor a leader of the Association who recently passed away. There are few men who had as much influence and respect on the early years of FIADA than Don Hyatt. A smart and gentle figure who inspired members to aim high and do big things. In his personal life, Don was a loving husband to wife Irene for over 35 years and a devoted father to his four children. He was also a proud grandfather, affectionally known as Papa Don to all six who among other things, he paid for each one’s college education. Here are how those he touched in the Florida Independent Automobile Dealers Association remembered him:
Don and Irene Hyatt at FIADA’s 50th Annual Convention.
Don at the FIADA podium. Don (right) chatting with Carl Marker at the 1968 NIADA Convention.
“Don Hyatt lived a wonderful life. He has been a huge mentor to me for many years and has helped me to be a NIADA president, with Bob Galloway as well. Don is the kind of guy that loved to send wonderful post cards of encouragement over the 25 years we knew him. He was one of the kindnest, nicest gentleman and professional man you could have ever met!” — Frank Fuzy “He was a legend in his time and a great mentor.” — Paul Matton “I sat beside Don at my first board meeting years ago. He welcomed and made me feel comfortable, chatted about the FIADA and was still engaged in all that FIADA was undertaking. He was a true leader of dealers in Florida. We will all miss his smile and wisdom.” — Chris Leedom “He was a wonderful man, I will always remember him.” — John Cousins 22 — Independent Dealer —June 2015
“We will miss Don. He was a wonderful, kind man. He loved the association and was a great supporter to me when I was president. Bless his family.” — Brandi Noegel “Don was a true gentleman, a credit to his family and this industry and a great role model for all of us. We will miss him, but his memory will linger on. May God bless him and his family.” — Don Scott www.fiada.com
EXTENDED ARBITRATION Now through July 31, 2015
When you purchase eligible inventory on ADESA DealerBlock and use CarsArrive Network to transport, your arbitration window will be extended to 48 hours after vehicle delivery. è Eligible inventory includes off-lease, rental, dealer, fleet and repo vehicles posted in the open sale from an offsite location. Moving inventory the smart way: 1.7M cars transported each year...and growing! è Select CarsArrive for transportation at time of sale.
© 2015 ADESA, INC.
Extended arbitration applies to eligible vehicles purchased on DealerBlock and transported by CarsArrive Network: Buyer has 48 hours from the delivery date on bill of lading to arbitrate. Type 1 transport only; buyer must select CarsArrive at time of sale. Transaction must be paid within three (3) days of sale; sale date equals zero. Offer applies to offsite vehicles only; ADESA “at auction” units are not included. Valid through July 31, 2015.
www.fiada.com
June 2015 — Independent Dealer — 23
LEGAL ROUND-UP
A Look At Current Legal Issues BY THOMAS B. HUDSON AND NICOLE FRUSH MUNRO, HUDSON COOK, LLC
A monthly collection of selected legislative and regulatory highlights, and a recap of some of the many auto sale and financing lawsuits followed each month. FEDERAL DEVELOPMENTS We’re Talking About Debt Collection! The FTC and the Office of the New York Attorney General will host a meeting on June 15, 2015 in Buffalo, New York to discuss consumer protection issues with the debt collection industry. This will be the first of several “Debt Collection Dialogues” the FTC will hold around the country. Representatives from the two agencies will discuss recent enforcement actions, consumer complaints about debt collection practices, and compliance issues. A representative from the Consumer Financial Protection Bureau will participate as well. Cut That Out! On April 8, the CFPB announced a lawsuit against several debt collection companies and their individual owners for allegedly threatening, harassing, and deceiving consumers in order to collect debt that the consumers did not actually owe or was not payable to those collecting it. The CFPB also brought charges against the telemarketing company that initiated millions of automated phone calls to consumers as part of the collection process and the payment processors that enabled the debt collectors to access consumers’ bank accounts, alleging that these parties knew about the alleged unlawful behavior. A Lot About Allotments. On April 20, the CFPB took action against Fort Knox National Company and its subsidiary, Military Assistance Company, for charging servicemembers millions of dollars in hidden fees. The military allotment processor did not clearly disclose various recurring fees, which could total $100 or more. Under a consent 24 — Independent Dealer —June 2015
order, Fort Knox Company and MAC will pay about $3.1 million in relief to harmed servicemembers. The CFPB says Fort Knox National Company and Military Assistance Company enrolled servicemembers without adequately disclosing their fees, and then charged servicemembers without telling them. Kentucky-based Fort Knox National Company, through its subsidiary, Military Assistance Company (also known as MAC), was one of the nation’s largest third-party processors of military allotments. With MAC, servicemembers would set up an allotment that transferred part of their pay into a pooled bank account controlled by MAC. Servicemembers would then pay MAC a monthly service charge – typically between $3 and $5 – to have MAC make monthly payments to a creditor out of the account. Sometimes, however, excess funds accumulated in the payment account, often without servicemembers’ knowledge. An excess, or “residual,” balance might occur, for example, where a debt that a servicemember owed was fully paid off but the servicemember had not yet stopped the automatic paycheck deductions. The CFPB alleged that the company routinely charged recurring, undisclosed fees against these residual balances. Tens of thousands of servicemembers had money slowly drained from their accounts because they were not notified about the charges. And, since active allotments would replenish the money in the payment account, MAC continued to take fees in a way that servicemembers could not easily track. Under the terms of the consent order, Fort Knox and MAC are required to provide about $3.1 million in relief to harmed
servicemembers. Servicemembers eligible for relief will be contacted by the CFPB. Photo-op! On April 27, the CFPB released its third “Snapshot of Complaints Received from Servicemembers, Veterans and their Families.” The report details the data and trends from complaints the CFPB has received from members of the military community since July 2011. Categories with the most complaints from the military community are debt collection, credit reporting, and student loans. The CFPB also released its third Fair Lending Report, detailing the Bureau’s efforts to address discrimination in connection with consumer financial products and services. LITIGATION Arbitration Agreement Not Signed by Dealership Still Enforceable: In connection with her car purchase, the buyer signed an arbitration agreement that stated that it was between her and “the Dealer signing below and anyone to whom the Dealer assigns this Arbitration Agreement.” However, no one from the dealership signed the agreement. The buyer sued the dealership, the assignee of her retail installment sale contract, and others over alleged misrepresentations made to her about the car. The defendants moved to compel arbitration of the buyer’s claims, and the U.S. District Court for the Eastern District of New York granted the motion. The court noted that, under New York law, a valid arbitration agreement only requires proof that the parties intended to be bound by such an agreement. Further, the court stated, New York’s arbitration statute requires only a written www.fiada.com
agreement - not a signed, written agreement. Finally, the court found that the language in the agreement stating the parties to the arbitration agreement merely determined to whom the arbitration agreement applied, not whether it was effective. See Cho v. JS Autoworld 1 Ltd., 2015
U.S. Dist. LEXIS 46585 (E.D.N.Y. April 9, 2015). Tom (thudson@hudco.com) and Nikki (nmunro@hudco.com) are partners in the law firm of Hudson Cook, LLC. (410) 865-5411 or www. counselorlibrary.com.
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June 2015 — Independent Dealer — 25
D E A L E R O P E R AT I O N S
A Perfect Match BY BARBARA GAVIN, JACKSONVILLE.COM
Jacksonville based Auction Direct partners with NIADA to offer certified pre-owned vehicles to customers.
A
ribbon-cutting can denote a number of things: the opening of a new business, a new building, a business’s additional location. But, the ribbon-cutting on May 14 inside Auction Direct USA’s Jacksonville store held even more significance. It marked a new partnership and an improved way of doing business. Last week’s ceremony announced the partnership between Auction Direct USA, one of the country’s largest independent used-vehicle dealerships, and the National Independent Automobile Dealers Association to begin offering NIADA Certified PreOwned vehicles. Auction Direct USA, based in Victor, N.Y. (near Rochester), also has a location in Raleigh, N.C., in addition to the Jacksonville dealership at 6400 Blanding Blvd. It also has its entire inventory available at auctiondirectusa.com. In her introductory remarks at the event, NIADA National Business Development Manager Natalie Suarez called it “the perfect partnership and the perfect match.” Representing that partnership, both Florida Independent Automobile Dealers Association Executive Director Lisette Mariner and Auction Direct USA Jacksonville General Manager Scott Harvell manned the shears to cut the red ribbon, backed 26 — Independent Dealer —June 2015
by Suarez, Auction Direct USA CEO Todd Hoagey and other dignitaries.
“We’re so proud of Auction Direct; they represent the industry well,” she said. “What we do is offer protection for both the consumer and the dealership. We follow a strict code of ethics,
“When we put our mission statement up on the wall 10 years ago, our intent was to create a totally customercentric model,’’ Hoagey said. “With that in mind, adding a CPO program is just the right thing to do. It provides more options for our guests, gives them additional assurance that they are buying a quality car, offers thirdparty validation through NIADA, and renews our commitment to Ribbon cutting ceremony at Auction Direct in Jacksonville, FL. revolutionizing the used-car business.” keep up on all the regulatory issues “Our first departure from the norm and work in Tallahassee to bring was to offer the market’s best price about legislation that is consumerwith no haggling,” Hoagey said after protection oriented. NIADA does the the ceremony. “Now, in order to same thing on a national basis. That’s become NIADA Certified, a vehicle why we’re so happy to see Auction must pass a 125-point checklist and Direct taking this step.” be Carfax Certified Accident-Free. So, the customer gets a certified vehicle “This partnership allows us to focus history report, a 100-day, 1,000-mile on the customers, and to expand our return option, and we offer our own offerings to them,” he said. “There’s flexible financing which means we’re a huge demand right now for CPO able to find a custom plan to suit vehicles — 45 percent of consumers every purchaser. ” are looking for a CPO vehicle. So, we’re falling right in line with what FIADA’s Executive Director Lisette the car-buyer wants.” Mariner added that FIADA is very happy with the new partnership as Photo and article reprinted from well. Jacksonville.com www.fiada.com
In today’s competitive marketplace, independent dealers need every edge they can get. Speed and access to the right information can make all the difference at the finish line. Auto Data Direct (ADD) offers Florida dealers a singlesource, web-based solution to work smarter, faster, and more efficiently. ADD’s dealer tools put real-time data, paperless lien processing, print-on-demand tags and more right at your fingertips, giving you that competitive edge.
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Visit ADD123.com and see why thousands of Florida dealers use ADD’s time- and cost-saving services. ADD is an FIADA Preferred Partner Use promo code FIADAELT at sign up and receive free activation.
1.866.923.3123 June 2015 — Independent Dealer — 27
28 — Independent Dealer —June 2015
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June 2015 — Independent Dealer — 29
INDUSTRY NEWS PassTime Raises Money at NABD
PassTime, a leading provider of GPS and Payment Assurance Technology solutions, proudly announced that it raised over $10,000 during this year’s National Alliance of Buy-Here-Pay-Here Dealers (NABD) Conference in Las Vegas. Through its “mustache campaign”, PassTime – a key sponsor and exhibitor of the conference offered to make a donation for every photo taken at its booth with a mustache – real or fake. The money raised will go to the Terry Underkoffer Fund, to help aid in Terry’s recovery from a major stroke last month. Terry has worked in the auto industry for more than 20 years and has represented PassTime for the past eight years in Oklahoma. He is a beloved father of two and grandfather of three. Terry is known for his caring nature and unparalleled support of his customers. PassTime, through the GoFundMe account setup for Terry, was thrilled with the generosity of others who made personal and professional donations to the fund during the conference. As an additional gesture, CEO Stan Schwarz also matched each personal donation to the fund. With the tagline, “The GPS Solutions that’s right under your nose”, the company handed out stick-on mustaches, set up a photo booth where visitors could put on fake mustaches and wear props to take a photo, and some PassTime employees even grew mustaches themselves. If you would like to find out more about PassTime or to contribute to the Terry Underkoffer Fund, please email info@ passtimeusa.com or call 877-727-7846.
30 — Independent Dealer —June 2015
MasterCard, Visa Team Up To Improve Payment Security
Credit-card rivals Visa and MasterCard said Friday they have formed an industry-wide group aimed at improving payment security in the wake of a number of breaches that compromised customers’ data. “The recent high-profile breaches have served as a catalyst for much needed collaboration between the retail and financial services industry on the issue of payment security,” Visa President Ryan McInerney said in the statement. According to Reuters: “The new group, which will include banks, credit unions, retailers and industry trade groups, will initially focus on the adoption of the safer ‘EMV’ chip technology in the United States, MasterCard and Visa said on Friday.” “EMV chip technology, already used in Europe and Asia, stores information on computer chips rather than on traditional magnetic strips. EMV stands for Europay, MasterCard and Visa, the companies that launched the technology.”
New Collateral Protection Program Available to BHPH Dealers The new Deal Protector program, offered by Williams & Stazzone Insurance Agency, Inc. eliminates uninsured physical damage losses to help dealers close more deals quickly and improve their bottom line. It will also allow a dealer to utilize the program to force place comp and collision coverage after the sale. Major benefits of the program as follows: • No sign up fee. • No insurance license required. • No credit check. • No MVR check. • Statewide rates. • No excluded drivers – coverage travels with the car. Dealers are in the unique position to control the placement of coverage thru online reporting and real time policy issuance. The program is self-tracking which helps eliminate reporting errors. For more information on how you can manage the risks associated with uninsured customers and keep more money in your pocket call Williams & Stazzone Insurance Agency at 800.868.1235.
Do You Have What it Takes? We’re looking for “the best of the best” to be considered for the 2015 Quality Dealer of the Year. Make your nomination at www.FIADA.com before June 30 to be considered. www.fiada.com
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June 2015 — Independent Dealer — 31
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Manheim Daytona Beach 1305 Indian Lake Road Daytona Beach, FL 32124 386.255.2500 Sale: Wed 3 PM Total Resource Auction every Wed 2:30 PM Manheim Fort Lauderdale 5353 S State Road 7 Davie, FL 33314 954.791.3520 Sale: Fri 9 AM Total Resource Auction Tue 9 AM Ford Open Sale every other Fri Manheim Fort Myers 2100 Rockfill Rd Fort Myers, FL 33916 239.476.9800 Sale: Wed 4 PM Total Resource Auction every other Wed 3 PM Specialty Sale last Wed monthly 2 PM Galloway Direct Off Site Sale 2nd & 4th Tues 12 PM Manheim Jacksonville 10817 New Kings Rd Jacksonville, FL 32219 904.768.9981 Sale: Thurs 1 PM Total Resource Auction every Thurs 12:40 PM Manheim Lakeland 8025 N State Road 33 Lakeland, FL 33809 863.984.1551 Sale: Wed 2 PM Specialty RV/Boat Sale 1st Wed monthly 9 AM
32 — Independent Dealer —June 2015
Manheim Orlando 11801 W Colonial Dr Ocoee, FL 34761 Sale: Tues 9 AM Highline Exotic Sale Kicks off every 4th Tues 11 AM with Mercedes & BMW Chrysler Closed Factory Sale bi-weekly on Mon 12:30 PM GM Closed Sales bi-weekly on Mon 1 PM Nissan Infiniti Closed Sale 1st Wed monthly 9 AM Manheim Palm Beach 600 Sansbury Way West Palm Beach, FL 33411 561.790.1200 Sale: Thursday 9 AM Exotic Highline Sale every 4th Wed 9:30 AM Manheim St Pete 14950 Roosevelt Blvd Clearwater, FL 33762 727.531.7717 Sale: Thurs Weekly 2:30 PM inops Regular Sale 3 PM Manheim Tampa 401 S 50th St Tampa, FL 33619 813.247.1666 Sale: Thursday 9 AM Total Resource Auction Mon 9:30 AM at Cone Road location Ford Factory Sale every other Wed 10 AM Manheim Caribbean 1050 Carretera 865 KM 4.7 Bo. Candelaria Toa Baja, PR 00949 787.261.7300 Sale: Thurs 12 PM Salvage Sale Thurs 11 AM
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