November 2013 issue by FIADA

SINCE 1940

November 2013

www.FIADA.com

A Publication of the Florida Independent Automobile Dealers Association

Information and Insight for Florida Used Car Dealers

The 2013 Annual Convention was a success. Take a look back at the things we learned, the times we shared and the faces we met. See the photos starting on page 12.

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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 Dino Mercurio President Jim Winterick, Sr. Senior Vice President Christopher Leedom Chairman of the Board Phil Risley Secretary Paul Matton Treasurer Lisa Compagno Regional Vice President Frank Fuzy Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President Govinda Romero Regional Vice President FIADA STAFF Lisette Mariner Executive Director Terry Myers Educational Instructor Sarah Langley Administrative Director Nicole Lee Development Administrator Amelia Tillman Administrative Assistant 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 November 2013

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 Dino Mercurio

Executive Director’s Message Lisette Mariner

Back to Basics Following federal advertising rules will help let your customer know what’s going on and keep you out of trouble.

Membership News New, Renewing and Rejoining Members

Thank you 2013 Annual Convention Sponsors and Exhibitors Recognizing the business partners and members who helped make the Annual Convention a success.

2013 Annual Convention In Pictures

A Dream Come True Winning the FIADA Quality Dealer of the Year award was a complete surprise for Paul Matton.

Legislative Update Legislators attend and participate in the 2013 Annual Convention.

Telemarketing Rules Create Risk of Significant Liability Make sure your customer gives you permission before you call, text or fax.

What Does Your Website Say About Your Dealership? Your website often will make the first impression with a customer. Is yours telling them what you want them to hear?

A Look At Current Legal Issues Attorney Tom Hudson runs through the list of recent court decisions that could affect you.

Industry News

November 2013 — Independent Dealer — 3

FROM THE PRESIDENT

Proud of the Past and Looking Ahead BY DINO MERCURIO, FIADA PRESIDENT

reetings fellow dealers and FIADA members! My name is Dino Mercurio and I am a used car dealer from West Palm Beach, FL. Last month at our annual convention I was honored and privileged to be elected president of this great Association. As Chris Leedom handed the gavel over to me, I thought wow, this is going to be a tough act to follow!

the convention a priority on your calendar in October 2014. Go ahead and save the date of October 9 - 12, and join us at the Omni Champions Gate right off I-4 near Orlando.

fantastic staff, and the wealth of experience and knowledge of our incoming Executive Committee, another great year is on the horizon.

In my upcoming year as your President, I look forward to keeping the FIADA moving in a positive direction, adding new members and additional member benefits, increasing our presence in Tallahassee with the Legislature and our regulatory agencies, and helping to make the industry we all know & love a better place.

The Legislative session is right around the corner and the FIADA staff, along with full-time Lobbyist Sandra Mortham are already hard at work in the trenches of The FIADA had a great year with Chris at the helm, the Capital in Tallahassee fighting for and protecting and I am confident with his help, the help of our your rights in the automobile industry. If you haven’t already, please consider making a donation to the FIADA PAC The FIADA had a great year with Chris at the helm, fund. As Legislative Chairman, and I am confident with his help, the help of our I have seen the process and how it works first-hand for fantastic staff and the wealth of experience and many years. Believe me, knowledge of our incoming Executive Committee, when it comes to the PAC, another great year is on the horizon. every single dollar makes a difference!

Speaking of the convention, if you missed it, you sure missed a lot! The networking with other dealers from all around the state is alone worth the price of admission, but you get so much more in the way of information, education, regulatory and compliance issue updates, and a multitude of vendors with their excellent products and services that can help bring you and your business to the next level. You need to make 4 — Independent Dealer — November 2013

Thank you, Dino Mercurio 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.

www.fiada.com

November 2013 — Independent Dealer — 5

EXECUTIVE DIREC TOR’S MESSAGE

Post-Convention Wrap-up BY LISET TE MARINER, EXECUTIVE DIREC TOR

he FIADA staff had a great time at the 2013 FIADA Annual Convention. We may feel exhausted every year when it’s over, but it is always rewarding to see all of our efforts come to fruition. The convention committee and staff put so much effort toward this event and I want to personally thank them for putting together a wonderful experience. We could not put on such an event without the support of our sponsors. Please remember to support those that support the industry, such as our 2013 Convention sponsors: Platinum: Manheim Auto Auctions; Gold: eBay Motors, Leedom Group; Silver: A Dealer’s Journal; Bronze: ADESA Auto Auctions, Assured Vehicle Protection (AVP), Auto Data Direct, Inc., DealerCenter, Dealer Funding, Dealers Insurance Services, DealerMatch, EcoProProducts, Floorplan Xpress, GM Onstar, GoldStar GPS, National Auto Lenders, Protective Asset Protection, SmartAuction, Title Technologies, Wayne Reaves Software I heard a lot of positive feedback during the event. The speakers were engaging and a lot of our attendees had fun searching for the “lost shakers of salt” in the exhibit hall. We love hearing what went well, but, of course, we welcome the constructive criticism too. One of my favorite postconvention tasks is reading through the Convention Survey results and seeing what we should keep, tweak, or add while planning the 2014 Convention. This year, we received over 40 survey responses, and here’s what we learned: • 44% of our attendees learned about the convention by reading this Independent Dealer magazine! That’s great to hear. • Nearly 80% of our attendees were “Very Satisfied” with the convention as a whole with only 3 survey responders saying they were unsatisfied. 6 — Independent Dealer — November 2013

• •

The top 3 highest-rated sessions were the Legislative Keynote, the Legal Panel, and Paul Webb’s “Advanced Business Communication” sales training session. A whopping 97% of our attendees were satisfied with the Orlando location, so save the date, our 2014 Convention will be October 9-12, 2014 at the Omni at ChampionsGate in Orlando.

When asked, “What did you like most about the 2013 FIADA Convention?” dealers raved about the diverse subject matter of the speaker sessions, meeting exhibitors in the exhibit hall, and singing along to Jimmy Buffet songs with the Land Sharks band who played on Saturday night. What did you like least about the Convention? Some said they would have liked for the sessions to be longer with more time for questions. A few people mentioned that the convention hall was chilly. While attendees enjoyed having all of the sessions in one place, some would have preferred for their hotel rooms to be closer to the exhibit hall. In response to, “What changes would you like to see implemented in 2014?” dealers asked that we record all sessions so that we can share them online later. We are already planning to do this with a few sessions this year, and we would love to be able to record more sessions next year. We’ve posted Kathi Kruse’s Social Media session online. Be on the lookout for recorded versions of some of our sessions as well as a 2013 re-cap video on our YouTube Channel: http://www.youtube.com/YourFIADA Thank you to all those that took the time to participate in the survey, the winner of the $50 gift card was Becky from Citrus Auto Trader! Congratulations! We appreciate all of your feedback. The convention committee is already gearing up for 2014. www.fiada.com

Y 28 DA T FLOA

SIMUL C AVAIL AST ABLE

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BACK TO THE BASICS

The Sexy Truth in Advertising Getting the word out to your customers about your dealership is essential. Just make sure you spread the news the right way. By TERRY MYERS

ere seconds. That is all the time you have to get someone’s attention and draw them to your ad. Once they are there you need to draw them inside the ad and ask them to take the next action, such as call, drive to the dealership or go to the Internet. The NIADA has excellent live and online video training programs relevant to advertising. FIADA and NIADA approved vendors have informative, relevant training programs as well. Take time to learn from the professionals. It does no good to have what the customer wants if you don’t take the time and make the necessary investment to let them know it. Questions you should be asking yourself: How can I help them get what they want, when they want it and at the price they want? After the sale is complete what will the customer have to say about their experience? Everyone refers, what kind of referral will your customer be sharing? The most expensive sale is the first one. It costs the most in the way of time and money to get the customer in for the first visit. Are you ready to: ask the right questions, discover their hot buttons, share the features and benefits they seek and then ask for the sale? Tempting the customer to your dealership must also be tempered with the truth. The truth is the best

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sales tool ever invented. Once the customer learns that he/she can trust what they hear you say and see you do, you will have a customer for life. What is their particular buying cycle? Since the average person buys twelve vehicles in a lifetime, what long term value would you assign to the future sales from each customer? The ad must be truthful and not contain false, deceptive or misleading information. We have all seen ads with an asterisk (*) leading us to the fine print below. The fine print usually supports a “trigger term” used in the advertisement. Consider this your warning: The FTC is giving special attention to where the fine print is located and how it is accessed, as it relates to mobile phones, for example. Since the print takes up space, some advertisers will offer access to the fine print by way of a hotlink. That may not be acceptable because the average customer might not choose that link. Also, sometimes the site where it is located might not be working or might be blocked by the customer’s own security service. An FTC staff paper, “How to Make Effective Disclosures in Digital Advertising,” can be found online at http://ftc.gov/os/2013/03/130312dotc omdisclosures.pdf.com and provides additional information for online advertisers. The paper discusses the factors used to evaluate the clarity and conspicuousness of required disclosures in online ads. It also

discusses how certain FTC rules and guides that use terms like “writing” or “printed” apply to Internet activities and how technologies such as email may be used to comply with certain rules and guides. Don’t know what a trigger term is and what must be disclosed to support it? Refer back to your training manuals and/or schedule attendance at a training class. Both of these resources, and even a few more, can be accessed by members online for free at www.fiada.com. Just click on the Resources tab and then Resource Library. An ad is anything you use to attract attention to your dealership. That means that printing on the windshield and in-house flyers are considered advertisements just as much as the paid ones placed in newspaper, radio, television, Internet, etc. Another big warning to be aware of, advertising without announcing the fact that you are a dealer has consequences. There is no “King’s X” in this game. In addition to the FTC watching, the Division of Motorist Services also surveys the newspaper, Craig’slist, Internet marketplaces and other sales sites. Remember, truth is sexy and still the best tool you have to attract and make sales. This article is not all encompassing. It is always wise to consult your attorney to help assure compliance. Remember, “What you know makes you money. What you don’t know costs you a fortune.” Terry Myers is an instructor for the FIADA Dealer Training School and owner of Florida Auto Dealer School. If you have technical questions or concerns about compliance issues for your dealership, please call the FIADA office at (800) 237-0448. www.fiada.com

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MEMBERSHIP NEWS

New Members A Better Way Consignments, Inc. Port Charlotte, FL Gail Schwebel Sponsor: Terry Myers Atlantic Auto 2010 Inc. Hallandale, FL Olena Demianova Sponsor: FIADA.com Auto Wholesalers of America Orlando, FL Jared Hansen Sponsor: Rick Davis / VetAuto Jessica Diaz Saint Cloud, FL Sponsor: Terry Myers John Dolnier Fort Lauderdale, FL Sponsor: Kevin Scott Michael Egan Boca Raton, FL Sponsor: Amelia Tillman

OC TOBER 2013 Dan Pacini Fort Lauderdale, FL Sponsor: Terry Myers

FAB Motors Orlando, FL Mohammad Khan Sponsor: Terry Myers

Jessica Page Orlando, FL Sponsor: FIADA.com

Brian Hamp Orlando, FL Sponsor: Terry Myers

SJ Auto Tallahassee, FL Floyd Warwick, Jr. Sponsor: Terry Myers

Heddy Eddy DBA Kevin’s Car Sales Port Charlotte, FL Kevin McDonald Sponsor: Nicole Lee

Speed Auto Group, Inc. Orlando, FL Edward Penacta Sponsor: Rick Davis / VetAuto

Lori Heichel Winter Garden, FL Sponsor: Terry Myers

Tom Tedesco Naples, FL Sponsor: Kevin Scott

Hertz Car Sales Winter Park, FL Lee Goldey Sponsor: Amelia Tillman Kingdom Motor Cars dba Shalimar Auto Exchange Fort Walton Beach, FL Michael Smith Sponsor: Amelia Tillman

Renewing Members

Terra Firma Auto Group Orlando, FL Mark Jensen Sponsor: Kevin Scott

The Auto Village LLC Ocala, FL Joseph R. Moreau Sponsor: Amelia Tillman The Pinnacle Group Lake Forest, AL Steven Dietsch Sponsor: NIADA U.S. Auto Credit Jacksonville, FL Cindy Gard Sponsor: FIADA office Todd Webb Brooksville, FL Sponsor: Terry Myers WOW Auto Deals LLC Davie, FL Dina Afonso Sponsor: Amelia Tillman John Young Winter Springs, FL Sponsor: Sarah Langley

OC TOBER 2013

40+ Year Members Southside Autos, Inc. 30+ Year Members ABC Autos, Inc. Bond Auto Sales, Inc. - HLD Parkway Auto Sales, Inc. Wood Motor Company 20+ Year Members Fett Motors, Inc. Martinez & Associates, CPAs, P.A. 10+ Year Members Florida Auto Dealer School Frontier Motors, Inc. Lighthouse Children Home, Inc. Off Lease Only Pro-Power Auto Sales Company Refine Coach Inc. Sheriffs Ranches Enterprises, Inc. United Acceptance, Inc. Wise Way Auto Sales, Inc. 10 — Independent Dealer — November 2013

Orlando, FL Tampa, FL Tampa, FL Homestead, FL Fort Myers, FL Pinellas Park, FL Winter Springs, FL The Villages, FL Pensacola, FL Tallahassee, FL Lake Worth, FL Port Charlotte, FL Miami, FL Live Oak, FL Smyrna, GA Ocala, FL

Under 10 Year Members A & A Auto Sales, Inc. A.R.A. GPS Systems, Inc. Alliance Inspection Mgmt. Auction Direct USA Auto Plan, Inc. CARFAX Central Florida Used Car Mart Credit Cars USA DealerCenter Dealers Insurance Services, LLC Fidelis PPM Hermanos Auto Wholesale DBA The Car Shack Integrated Dealer Solutions Ituran USA, Inc. King Insurance Martins Used Cars, Inc. Mattas Motors MicroBilt Morgan’s Car Sales, Inc. Southeast Auction Finance, LLC

Fort Pierce, FL Newnan, GA Jacksonville, FL Jacksonville, FL Tampa, FL Centreville, VA Mascotte, FL Miami, FL Los Angeles, CA Orlando, FL Lakewood, NY Hialeah, FL Miami Springs, FL Fort Lauderdale, FL Gainesville, FL Ocala, FL Punta Gorda, FL Kennesaw, GA Fruitland Park, FL Saint Petersburg, FL www.fiada.com

Rejoining Members OC TOBER 2013 Continental Auto Sales Land Oâ&#x20AC;&#x2122;Lakes, FL Jimmie Williams Sponsor: Sarah Langley eMotorcars of Florida Holly Hill, FL Donald Bell Sponsor: Amelia Tillman Holcombe USA, Inc. dba Autoshow Sales & Service Plantation, FL Paul Rogers Sponsor: Amelia Tillman Monster Car and Truck Sales LLC Pembroke Pines, FL Scott McTaggart Sponsor: Amelia Tillman

Thank you to the following sponsors supporting the FIADA Annual Convention and Expo. Platinum Sponsor

Gold Sponsors

Silver Sponsor

South Shore Leasing & Sales Miami, FL Jorge Betancourt Sponsor: Lisette Mariner/Frank Fuzy Westlake Financial Services Los Angeles, CA Maria de Leon Sponsor: Sarah Langley

Get rewarded for sponsoring new FIADA members!

Sign the roster and get your playbook now online at FIADA.com.

Bronze Sponsors

12 — Independent Dealer —November 2013

www.fiada.com

November 2013 — Independent Dealer — 13

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COMING IN JANUARY!

Video-based CE courses! Stay tuned for more details.

As an FIADA member, you already have the benefit of FREE online Continuing Education, and now we’re adding to it. You, or an employee of your dealership, can now take a FREE TITLE & REGISTRATION online CE course! Just log on to FIADA.com, click on Dealer Training School and pick your course!

Providing your dealership the most unique…

Empowering you to…

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November 2013 — Independent Dealer — 15

D E A L E R F E AT U R E

A Dream Come True Florida Quality Dealer of the Year Paul Matton is recognized with the Association’s top honor. By CHRIST Y TAYLOR

aul Matton is not one of those guys who blends in with the crowd. At the 2013 FIADA Annual Convention you could find him roaming the halls joking with fellow dealers, networking with supportive vendors and encouraging everyone to join in and have a good time. Very rarely is Paul at a loss for words, but it happened Saturday night at the Convention, during the banquet. Sitting at his table during the Annual Banquet, enjoying the company of the high-profile dealers seated with him, Paul joined the crowd in turning his attention to the presentation of the prestigious Florida Quality Dealer of the Year Award. As Past President Chris Leedom listed the credentials of the 2013 Quality Dealer, Paul was beginning to figure it out but still in disbelief when his name was actually called. The usually boisterous, offthe-cuff auto industry veteran walked quietly to the podium and shyly faced the crowd. The audience stood clapping and Paul was humbled and honored. As he thanked everyone for the award, he made sure to pay homage to his mentors—the great Ed Fernandez, George Baker and Larry

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Past President Chris Leedom (left) presents Florida Quality Dealer of the Year Paul Matton (right) with the Quality Dealer award at the Annual Banquet. Noegel. All were FIADA legends who are no longer here, but who Paul considered to be the epitome of success for an independent auto dealer. He respectfully admired the Quality Dealer medal and felt lucky to be included on the elite list. Paul’s career in the auto industry spans over three decades starting from when he came to Florida in the early 1980s to work as a sales manager at Globe Honda, then later moved on to be GM at Crown Mitsubishi in St. Petersburg. He even put some time in as an auction professional working at both Manheim’s St. Pete and ADESA’s Clearwater auctions. He returned to his roots in the early 2000s to work with friend Fred Najjar who owns Park Auto Mall in Pinellas Park. As

Chief Operating Officer, Paul handles nearly all of the day-to-day operations at the dealership. “I do whatever needs to be done from making coffee, to finding inventory to locking up at night,” Paul said, about his days that usually start before the sun rises. He is quick to add, however, that the above-and-beyond attitude is shared by all 34 employees at Park Auto Mall. “There is no I in team. We strive for teamwork in everything we do.” Park Auto Mall has a different approach to sales that they started about five years ago under Fred Najjar’s vision of a lowpressure atmosphere. There is no commissioned sales staff at Park www.fiada.com

Left: Park Auto Mall believes they are where their customers’ dreams come true.

Auto Mall and instead are friendly Customer Service Reps who are ready to answer questions and help the customer get started in the buying process when ready. “You can come and look around the dealership all you like and we aren’t going to bother you,” Paul explained. “After a couple of hours we might come and offer you a bottle of water, but otherwise we leave it up to the customers. They are free to shop ‘till they drop if they want to.” The low-pressure approach is working for Park Auto Mall, and part of what Paul says makes them different and unique. They sell an average range of 85 to 120 cars a month to customers of all types of credit conditions. The approach allows employees to focus on customer service and building long-term relationships. “Our Customer Service Reps don’t sell cars, they help people get into cars,” Paul said. Encouraged to treat customers the way they would want to be treated, the CSRs are friendly and listen well, to help critique the credit and down-payment ability and find a deal that will fit the customer’s needs. “Put the customer first and don’t worry about selling the car. If you met the needs of the customer, the car sells itself.” Sometimes meeting the needs of the customer means getting creative with what types of trades to accept. Paul says the motto around Park Auto Mall is, “if it rolls, floats or flies we’ll take it on trade.” That quote has led to a lot of interesting deals over the years including becoming a literal horse trader. “We had a customer who needed a car for his daughter, but the only thing they had to trade was two horses,” Paul recalls. “Sometimes you have to think outside of the box.” (Editor’s www.fiada.com

Below: Offering a large selection of great cars at the right price is Park Auto Mall’s niche.

Note: word of the horse trade made its way around the Tampa Bay area, and actually provided some free publicity for the dealership. Head over to the website at www.parkautomall.com to watch the video.) Paul likes to keep a large selection of inventory available to meet the needs and wants of the customers. The 185 cars on the lot are 2005 or newer and start around $8,000. The key to staying in control of such a large inventory is moving them quickly and the way to do that is by buying the cars that sell fast at good prices. Paul uses a program called vAuto to help him stay on top of emerging trends and which cars are fast movers and which are slow. The ability to analyze this information helps him make smart choices while replacing inventory. “None of our cars are here for more than 85 days. Some cars are slower, typically the ones we take on trade, but usually we have fast-moving cars that stay less than 50 days. You have to keep turning fast or else you run out of cash, and cash flow is so important,” Paul said. The cash flow situation is where independent dealers can get into trouble if they are not careful. Paul says he has learned what works

well for them through FIADA membership. Brainstorming in the hospitality suite at the quarterly Board Meetings, listening to seminars at the conventions or even having lunch with fellow FIADA members have built networking friendships over the years that are both personal and professional. It is what makes him want to stay involved with the Association, having served as a Past President and currently as Treasurer. “The Association doesn’t pay you money to be a member or to sit on the Board, but the knowledge you get from being involved is like getting paid,” Paul said. That may also be why winning the Quality Dealer award means so much to him. Paul remembers all of the “greats” who have been a part of FIADA over the years and how much he learned from them. He never imagined he would one day join them on that “who’s who” list. “On our sign at Park Auto Mall, we have a phrase that says ‘Where Dreams Come True.’ Winning Quality Dealer is certainly a dream come true for me,” Paul said. November 2013 — Independent Dealer — 17

L E G I S L AT I V E U P D AT E

Legislators Attend, Participate at FIADA Annual Convention BY SANDRA MORTHAM, FIADA LOBBYIST

IADA scored a homerun during the Annual Convention in Orlando when Senators Brandes and Simmons and Representative Workman attended as special guest speakers. The legislative forum on Friday morning was a highlight of the meeting and the three legislators provided much information. Senator Brandes of St. Petersburg serves as Transportation Chairman in the Senate. He talked about the various issues that will be coming before his committee including Surrender Stop, License Plate tracking and the use of GPS tracking of vehicles. Sen. Brandes will be sponsoring our legislative fix for surrender stops and we will be working closely with him during the upcoming committee weeks and legislative session to bring this across the finish line. Responding to a question from some dealers, Sen. Brandes also indicated he is searching for a solution to the curbstoning issue. Orlando’s Senator Simmons, Chairman of Banking and Insurance, talked about the Surrender Stop issue and is anxious to lend his support of our legislation. He also talked about Education in our state and how it impacts Florida’s jobs and economy. Sen. Simmons is also working on new water policy in our state, which is important to all Floridians. Rep. Workman of Brevard County talked about the Florida Budget and 18 — Independent Dealer —November 2013

Senator Simmons (Left), Representative Workman (Middle) and Senator Brandes (Right) answer questions at the Annual Convention legislative workshop.

ABOVE: Dealers packed the room to hear what the legislators had to say and share concerns. LEFT: FIADA Lobbyist Sandra Mortham was the workshop’s moderator and explained to members why it is important to get to know legislators. www.fiada.com

in tax on cell phones as well as cable fees.

how that affects all small business owners. As the Finance and Tax Chairman in the Florida House, he will be hearing the tax decrease on tags and registrations. He feels fairly confident that there will be a roll back in these fees which is a priority for FIADA. He also talked about a decrease in the communication services tax which includes a decrease

important to legislators because they provide education on the voluminous number of issues.

All three elected officials stressed the large number of issues that come through the legislative process and therefore the importance of citizens to be involved in the process. It also is the reason that lobbyists are

FIADA thanks Senator Brandes, Senator Simmons and Rep. Workman for traveling to our convention and sharing their knowledge on our issues.

Support the FIADA PAC Fund! Your PAC Contribution helps spread awareness and gain support of issues affecting independent dealers in the state’s capitol. Contributor’s Name:_________________________________________________________________________ Dealership/Company:________________________________________________________________________ Street Address, City, State, Zip:____________________________________________________________________

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Make your check payable to FIADA-PAC and mail to: FIADA • 1840 Fidler Court • Tallahassee, FL 32808 If making payment via credit card, you may fax your contribution form to 850.385.3251 www.fiada.com

November 2013 — Independent Dealer — 19

C O M P L I A N C E U P D AT E

Telemarketing Rules Create Risk of Significant Liability Planning to call, text or fax your customer? Make sure you have their permission first.

Frequently Asked Questions

By Craig Spickard

usinesses that would like to communicate with customers, prospective customers, and others via telephone, text message, and/or fax must consider that such communications are regulated by the Telephone Consumer Protection Act (“TCPA”). Under the recently amended regulations associated with the TCPA, companies are prohibited from contacting consumers via automated dialing systems, either by text or by telephone, without prior express consent of the party called. Newly effective regulations make clear that this

requirement now applies to those customers with whom companies have a pre-existing relationship as well. The TCPA now requires companies to obtain prior written consent for auto-dialed marketing or advertising calls and text messages. Acceptable written consent must include clear and conspicuous disclosures that the consumer consents to receiving auto-dialed calls or text messages, including pre-recorded messages, on behalf of a specific seller, and clear and unambiguous acknowledgement that the consumer consents to receive such calls and text messages at the number provided. Importantly, the company cannot condition the sale of goods or services on the consumer consenting to receive auto-dialed marketing or advertising calls, and the caller bears the burden of demonstrating the consumer consented to the contact. Businesses must be aware of how the TCPA

20 — Independent Dealer — November 2013

and the recently amended regulations affect their businesses. Those that utilize a third-party to solicit consumers via calls or text messages must ensure that their vendor complies with TCPA or risk being found in violation of the law. Likewise, those businesses that do not use an outside vendor in the aforementioned manner, must ensure that their communications comply with TCPA.

What is the Telephone Consumer Protection Act? The TCPA was enacted in 1991, purportedly to protect consumers from aggressive telemarketers, and was codified as 47 U.S.C. Section 227. The TCPA allows individuals to file lawsuit and collect damages for receiving unsolicited telemarketing calls, faxes, pre-recorded calls or autodialed calls. What is a Telemarketing Call? “Telemarketing” calls include calls and text messages made by retailers/ advertisers that offer or market products/services to consumers. Purely informational calls and calls for noncommercial purposes are exempt from the regulations. What is an Autodialed Call? An autodialed call is a phone call, involving a live person or pre-recorded message, that is placed using an “autodialer,” or automatic telephone dialing system, that can produce, store and call telephone numbers using a random or sequential number generator. For instance, the use of any type of call center software as part of telemarketing operations, may constitute the use of an autodialer within the FCC’s definition. What is a Robocall? A robocall is a phone call that uses an “autodialer” system to deliver a prerecorded telemarketing message. Continued on Page 22. www.fiada.com

January 17, 2014 • Tampa, FL • 10:00am - 2:00pm Calling all dealers! Don’t miss the next Dealer Training and Town Hall Meeting coming to the Tampa area in January. This event, held each quarter, is one of the most popular member benefits FIADA provides. Go online to www.FIADA.com and register now to attend.

All dealers are invited and encouraged to join us at the January Board Meeting January 18, 2014 Hilton Tampa Airport Westshore 2225 N Lois Ave Tampa, Florida 33607-2355

Reserve a room at the Hilton Tampa Airport Westshore by calling (800) 445-8667. Mention that you are with the FIorida Independent Automobile Dealers Association for a room rate of $99 per night. The cut-off date is December 30, 2013.

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www.fiada.com

August 2013 — Independent Dealer — 21

TELEMARKETING continued from Page 20

The TCPA and accompanying regulations provide a variety of restrictions, but most recent suits seem to have arisen out of the provisions relating to calls or transmissions using an automatic telephone dialing system, an artificial or prerecorded voice or a fax machine. this section have been subject to differing and often broad interpretations of key elements. For example, a number of courts and the FCC interpret a “call” to include the sending of a text message, though text messaging is not expressly mentioned in the TCPA. Additionally, the same courts have construed the definition of ATDS broadly. The TCPA defines an ATDS as “equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” Courts have interpreted the term “capacity” to cover systems that do not have the required functionality but may be re-purposed to have such functionality. Some commentators have noted that this definition may be broad enough to cover the smartphones that most consumers carry with them today.

Are text messages considered “calls” under the TCPA? Yes. The TCPA applies to both voice and SMS text messages if they are transmitted for marketing purposes. Summary of TCPA Prohibitions The TCPA and accompanying regulations provide a variety of restrictions, but most recent suits seem to have arisen out of the provisions relating to calls or transmissions made using an automatic telephone dialing system (“ATDS”), an artificial or prerecorded voice or a fax machine. Calls made using an ATDS or artificial or pre-recorded voice are commonly referred to as “Robocalls.” The following is a summary of these prohibitions: •

Section 227(b)(1)(A)(iii) generally prohibits the use of an ATDS or an artificial or pre-recorded voice to make a non-emergency call without the prior express consent of the called party to a cellular phone or other similar device or service for which the called party is charged. Claims brought under

•

Similar to subsection (A), Section 227(b)(1)(B) generally prohibits making non-emergency calls with an artificial or pre-recorded voice to residential phone lines without prior express consent. FCC

regulations exempt some types of calls made under this section, including calls that are not made for a commercial purpose or that do not include or introduce an unsolicited advertisement. •

Section 227(b)(1)(C) prohibits the use of fax machines, computers, or other devices to send unsolicited advertisements to fax machines, exempting cases where, for example, there is an established business relationship with the recipient and the fax contains a compliant opt-out notice.

The TCPA provides a private right of action for violations and statutory damages in the amount of $500 for each violation and up to $1,500 for each willful violation. When multiplied against a large number of calls, text messages or fax transmissions, potential damages in these cases can be significant. With respect to calls to any telephone solicitations (including nonautomated), those making the calls are required to: •

Limit the calls to the period between 8 A.M. and 9 P.M.

•

Refrain from calling numbers on the national do not call registry

•

Maintain a “do not call list” and honor any request to not be called again. When such a request is received, the requester may not be called again on

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•

Have a clearly written policy, available to anyone upon request.

•

Have a clearly defined training program for their personnel making the telephone solicitations.

•

The TCPA can be enforced in at least three different ways:

•

The individual who receives a call after a name removal request has been given to the caller is granted a private right of action in a local court and may sue for $500 in damages for each violation. In some cases, the courts can levy triple damages. Similar suits may be filed for violations of the TCPA’s provisions regarding faxes, autodialers, and artificial or pre-recorded messages.

•

States may initiate civil action against offending companies on behalf of their citizens. Complaints may be filed with the Federal Communications Commission, which has the power to assess penalties against parties in violation of the TCPA.

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behalf of the business for whom the solicitation is made. One error is allowed in a twelve month period. Subsequently, the soliciting companies are subject to penalties. A person’s name must be kept on the “do not call list” indefinitely.

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R. Craig Spickard is an attorney with the law firm of Kurkin Brandes LLP. His areas of practice include motor vehicle franchise law, business transactions, litigation and administrative law. He may be reached at CSpickard@kb-attorneys.com

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MARKE TING IDEAS

What Does Your Website Say About Your Dealership? Your website is most likely the way customers will first interact with your dealership. Get yours to make the right impression. By Monique Seifullin

dealer website is your dealership’s online showroom and with the growing number of customers searching vehicles online before going in-person to a dealership, it’s critical to get that online visitor to your site and then to your dealership. So what are the must haves in a dealer website product? What is the right product for your dealership? Your dealer website needs to attract, engage, and connect with your online visitors and provide performance measurement. Attract Attractiveness of a website includes both getting customers to your website as well as attracting their attention upon arrival. For your dealer website to get customer traffic it needs to be optimized for search engines. This includes using appropriate search engine optimization (SEO) meta tag descriptions and keywords in the source code of the webpages as well as using 24 — Independent Dealer — November 2013

relevant keywords in the page copy. Dealer website products that provide content management systems or tools that support adding metadata and copy and supporting ongoing updates to pages are a great choice. Once the visitor has come to your site, it needs to create a great first impression. This includes eyecatching website template designs/ colors and components like largeimage slideshows and featured vehicles sections. Look for a dealer website product that gives you template and color options that you can “test drive” to see what works with your visitors and a

product that supports high-visibility content areas on the homepage so you can catch your visitors’ attention and draw them into your vehicle inventory. Engage To keep visitors on your website, you need to make sure your website is engaging. Select a dealer website product that is easy to use and allows the customer to search vehicles by a variety of relevant parameters: make, model, price, and year and then click to inventory detail pages to learn more and see additional pictures. It is best to choose a dealer website that supports a large volume or unlimited vehicle pictures to maximize your showroom’s visual impact. Connect Now that you have an engaged visitor looking through your vehicles, you need to make sure your dealer website effectively connects them to you. The dealer website should have dealership contact information including phone, email and physical address on every page in the header section of the page, so it is always readily available. Besides general contact information, a dealer website can provide connectivity through lead generation and interest capture, including online credit application, request for information, or schedule a test drive forms. All provide the opportunity for a customer to connect with you as well as a valuable and actionable lead. Make sure your website product supports the connectivity options you want. Finally, don’t forget social media. Including social media channels on your dealer website can keep you connected to customers and provide potential viral and referral networking. Make sure your dealer website product supports Continued on Page 25. www.fiada.com

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DEALER WEBSITES continued from Page 24

the social media channels your dealership uses like Facebook, Twitter, LinkedIn, Google+, and You Tube and be sure to use them frequently so the information is always relevant and up to date. Measure In order to tell if your dealer website is performing, you need to be able to measure it. Statistics such as total and unique visitors and page views of different site sections like inventory, featured vehicles, and information request pages will tell you how many people are coming to your site and what they’re looking at while there. You can use this information to better understand your customers’ areas of interest. Most dealer website products provide analytics. The most common forms

are either a custom dashboard or integration with Google Analytics. With the dashboard option, highlevel metrics relevant to your selected template are provided in table or graphic format. With the Google Analytics option, you’ll need to sign up for a free Google Analytics account and use a Google tracking code available in the account to tie into the website. With Google Analytics you’ll be able to see more detailed information like the users’ path through your site (entry and exit pages), time spent on site, and a variety of other demographic information. What type of analytics is best for you depends on your desired level of analytical detail. There are many different dealer website products on the market. Do your research to make sure you identify

products that will attract visitors with SEO and captivating, testable template designs, engage and connect them to you with easy-to-use functionality and contact methods and provide you with a comfortable level of measurement capability. Once you have a short list of products that meet your needs, you’ll be able to price shop and identify the best value for your money. The marketplace is very competitive, and you don’t have to pay a lot of money to get a great dealer website. Monique Seifullin is VP Corporate Marketing & e-Commerce for Nowcom Corp. Nowcom’s DealerCenter DMS provides robust functionality, connectivity to over 1,000 finance sources, and Dealer Website, BHPH, and Online Ad Post addons. For more information, visit www. dealercenter.net or call 888-669-2669.

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October 2013 — Independent Dealer — 27

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. COMPLIANCE TIP Some of the documents that you use in your business and that you provide to your customers contain address, phone numbers and website information for your dealership or for other companies, like, for instance, the company you name in your arbitration agreement to conduct arbitration proceedings. That information appears in the documents for a reason – usually to provide contact information to your customers, so it’s important that it be accurate. Companies change addresses, phone numbers and websites occasionally, and when they do, you are providing your customer with bad information. Your documents are reprinted from time to time. When that reprinting occurs, have someone check all such information to make sure it hasn’t changed. Federal Law Another Credit Discrimination Enforcement Action The CFPB and the Federal Trade Commission are not the only federal agencies targeting illegal credit discrimination by car dealers. On September 6, the U.S. Justice Department announced a $125,000 settlement with Union Auto Sales, Inc., a dealership that formerly did business in Los Angeles, resolving allegations that it charged higher interest rate markups on financing to non-Asian customers, many of whom were Hispanic, than to similarly28 — Independent Dealer —November 2013

situated Asian customers. Under the consent decree, if Union Auto Sales or its principal shareholder re-enter the business of car financing within the 2-year duration of the consent decree, they will implement clear guidelines for setting dealer markup and pricing and establish appropriate fair lending training for their employees and officers. LITIGATION Arbitration Agreement that Barred State Statutory Remedies and Allowed Dealer to Pursue Repossession Deemed Unconscionable: Vehicle buyers sued their sellers for charging illegal documentation fees. The sellers moved to compel arbitration in accordance with arbitration agreements in their buyer’s orders and/or retail installment sales contracts. The trial court granted the motion, and the Court of Appeals of South Carolina affirmed in part and reversed in part. The appellate court found that the arbitration agreement in one plaintiff ’s buyer’s order was unconscionable and void for two reasons. First, the agreement barred certain statutory remedies under the South Carolina Unfair Trade Practices Act and the South Carolina Regulation of Manufacturers, Distributors and Dealers Act, which had been deemed unconscionable by the South Carolina Supreme Court. Second, the agreement allowed the seller to pursue repossession, foreclosure, and set-off rights without

regard to pending arbitration claims, while the plaintiff ’s sole remedy was arbitration. See York v. Dodgeland of Columbia, 2013 S.C. App. LEXIS 212 (S.C. App. September 4, 2013). Plaintiffs who Accepted Arbitrators’ Decisions Not Entitled to Attorneys’ Fees under Federal or New Jersey Warranty Laws: Two individuals filed informal disputes against a vehicle manufacturer after encountering recurring problems with their vehicles. The arbitrators concluded that both individuals were entitled to a repurchase of their vehicles, and the individuals accepted the decisions. Although the informal dispute resolution procedure, established pursuant to the Magnuson-Moss Warranty Act, does not provide for an award of attorneys’ fees, the individuals claimed that they were entitled to fees under the MMWA or the New Jersey Lemon Law. The trial court granted summary judgment for the manufacturer, and the Superior Court of New Jersey, Appellate Division, affirmed. The appellate court rejected the plaintiffs’ argument that an informal dispute resolution procedure adopted under the MMWA is required to include a fee-shifting component for successful consumers and also rejected their argument that attorneys’ fees under the Lemon Law may be recovered by a consumer who elects to accept relief awarded through an informal dispute resolution procedure. See Fedor v. www.fiada.com

Nissan of North America, Inc., 2013 N.J. Super. LEXIS 129 (N.J. Super. App. Div. August 23, 2013). Buyers of Defective Vehicle Have Private Right of Action for Seller’s Failure to Display or Provide Buyer’s Guide: When looking at a used car, the buyers were told by a dealership employee that the car was “a good car in excellent condition” and would not cause “any problems for a few years because it has low mileage.” A Buyer’s Guide was not displayed on the car and was not provided to the buyers when they bought the car. The car’s service engine light came on within a half hour of purchase. About a month after purchase, the flashers and hazard lights began working intermittently, the brakes made noise when applied, and the car made a grinding noise when the front wheel was turned to the left. The buyers took the car back to the dealer twice, but it could not be repaired. The buyers then returned the car to the dealership, but the dealership refused to refund the purchase price. The buyers sued the dealership for, among other things, violating the Used Car Rule by failing to display and provide a copy of the Buyer’s Guide. The dealership argued that the Used Car Rule does not provide a private cause of action. The Connecticut Superior Court disagreed, finding that a party could bring a private claim for violating the Used Car Rule because the rule is promulgated under the MagnusonMoss Warranty Act, which provides a private right of action. See Nasser v. Wiz Leasing, Inc., 2013 Conn. Super. LEXIS 1801 (Conn. Super. August 12, 2013). Tom (thudson@hudco.com) and Nikki (nmunro@hudco.com) are partners in the law firm of Hudson Cook, LLC. For information, call 410-865-5411 or visit www.counselorlibrary.com.

Processing title paperwork correctly translates into faster processing by the tax collector’s office, helping dealers complete deals quickly and efficiently. FIADA’s Title & Registration Training seminar students will use a manual, examples and case studies to help clarify ownership transfer starting with the MCO, ‘new’ title through the ‘used’ title. Training is hands on and students will get the opportunity to complete their own sample title paperwork.

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NIADA Offers Compliance Training Auto sales is one of the United States’ most regulated industries, making compliance with federal laws, rules and regulations one of a dealers most difficult – and important – jobs. It’s especially difficult for independent dealers, who must navigate the confusing compliance processes on their own, without help from a corporate office. But help is now available from the NIADA, with the launch of the NIADA Dealer Compliance Suite. The NIADA Dealer Compliance Suite includes 12 training modules covering the latest information regarding all federally required and recommended regulations, including the Red Flags Rule, the Safeguards Rule, the Used Car Rule, federal advertising guidelines and more. Participants are tested and their progress is tracked as they advance through the modules. Results are stored as proof of the dealership’s commitment to compliance training. The modules were created by a team of attorneys who specialize in automotive issues and reviewed by NIADA regulatory counsel Shaun Petersen. The suite also includes a compliance policy library and federally compliant documents and deal agreements produced by automotive attorneys to help limit dealer liability. For more information on NIADA Online Dealer Compliance, visit www.niadadealercompliance.com.

Feds Owe Car Dealer Over Seized Bank Accounts Last year federal agents from the Department of Homeland Security seized $841,883 from Albuquerque used car dealer Reza Ella personal and business accounts, alleging he structured deposits to keep them under $10,000 to avoid having banks file currency transaction reports with the Department of the Treasury. Ella was never charged with a crime, and the government returned the money in August. It also agreed to pay a still undetermined amount of interest and his attorneys $84,312 in fees, but have yet to do so. Ella’s attorneys want to know when it will and have asked a federal judge to order the U.S. Attorney’s Office to make the agreed-upon payments. Lawyers for Ella said the government’s response that last month’s shutdown, and lack of funding from Congress, make them unable to pay. Furthermore, the government has not indicated when such payment may be reasonably expected. They have asked a U.S. District Judge to order the government to make the agreed-upon payments. The U.S. Attorney’s Office says Ella’s attorney’s didn’t sign the necessary paperwork until late October and that it typically takes six to eight weeks to process the payments after the paperwork is submitted. Federal prosecutors said they have submitted the paperwork to pay for the interest and attorneys’ fees, but they say the 16-day government shutdown has “hampered this process.” Last month Congress had not yet appropriated money to the Department of Justice for the specific fund that pays interest. Earlier this month, a local prosecutor wrote that as soon as the money is deposited in the department’s account, the interest payment can be made in a day or two. The attorneys’ fees come out of a separate fund and are being processed, but there is no formal schedule for payment. — Source: Albuquerque Journal News

INTERESTED IN BECOMING A NIADA CERTIFIED MASTER DEALER? FIADA is partnering with NIADA to provide the Certified Master Dealer (CMD) program. This 3-day program is the industry’s most respected training program. Dealers who attend this training are committed to the industry, support ethical business standards and practices, and are leaders in their communities. The cost for this program is $2,495 per person. Visit www.fiada.com for details.

30 — Independent Dealer — November 2013

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2013-2014 FIADA EXECUTIVE COMMITTEE:

DINO MERCURIO President Independent Credit, Inc. West Palm Beach, FL (561) 686-8673

JIM WINTERICK, SR. CHRISTOPHER LEEDOM Phil Risley Senior Vice President Chairman of the Board Secretary Gulfstream Motor Credit AutoMaxx Cars & Credit of Jacksonville Miami, FL Sarasota, FL Jacksonville, FL (305) 253-2335 (941) 309-1111 (904) 616-4074

Lisa Compagno Regional Vice President Palm Tree Auto Sales Stuart, FL (772) 288-2099

FRANK FUZY Regional Vice President Century Motors of S. FL Pompano Beach, FL (954) 785-0369

STEVE MARBAIS GEORGE HICKEY Regional Vice President Regional Vice President Marbais Enterprises, Inc. Bond Auto Sales Ocoee, FL Tampa, FL (407) 877-7422 (813) 238-7478

PAUL MATTON Treasurer Park Auto Mall Pinellas Park, FL (727) 639-1112

Govinda Romero Regional Vice President Autoflex LLC Gainesville, FL (407) 468-9974

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32 — Independent Dealer —November 2013