September 2013 by FIADA

SINCE 1940

September 2013

www.FIADA.com

A Publication of the Florida Independent Automobile Dealers Association

Information and Insight for Florida Used Car Dealers

Don’t Miss Your Chance to Join Us Down In Margaritaville! Register now for the FIADA Annual Convention & Trade Show Page 16.

FULTON, MO PERMIT NO. 38

PA I D PRST STD U.S. POSTAGE

www.fiada.com

September 2013 — Independent Dealer — 1

PAID ADVERTISING

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 Christopher Leedom President Dino Mercurio Senior Vice President

Contents September 2013

For members of the Florida Independent Automobile Dealers Association

Brandi Noegel Chairman of the Board David Cox, CMD Secretary Paul Matton Treasurer

C O L U M N S & F E AT U R E S 4

President’s Message Christopher Leedom

Executive Director’s Message Lisette Mariner

Membership News New, Renewing and Rejoining Members

The Benefits of Membership See what FIADA Dealers are saying about how their FIADA Membership is working for them.

Add On Sales You have the potential to offer more for your customer, if you just ask.

Join Us In Margaritaville! Make plans now to attend the premier event for Florida’s independent dealers. Get a head start by sending in your registration now.

FIADA • 1840 Fiddler Court Tallahassee, FL 32308 (850) 385-2712 • Toll Free: (800) 237-0448 Fax (850) 385-3251 • www.FIADA.com

The GAME Plan: It’s All About M.E....Now! Convention speaker Fred Moore moves the GAME plan into the Motivation and Evaluation phase.

The Independent Dealer is a publication of: Florida Independent Automobile Dealers Association, 1840 Fiddler Court, Tallahassee, FL 32308

Legislative Update Don’t wait to help support the FIADA PAC. We need your support now.

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

Industry News

Frank Fuzy Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President Jim Winterick, Sr. Regional Vice President Jim Winterick, Jr. 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

POSTMASTER:

Send address changes to

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.

www.fiada.com

September 2013 — Independent Dealer — 3

FROM THE PRESIDENT

It’s That Time of Year Again BY CHRISTOPHER LEEDOM, FIADA PRESIDENT

t is hard to believe fall is finally here. The summer is over and it is time for some cooler weather here in sunny Florida. That means it is also time for the Annual FIADA Convention which will be held in Orlando on October 17-20, 2013. This is the flagship annual event for dealers all over the sunshine state.

the committee members of FIADA that help shape the landscape of this industry. Sure, we do not always get what we want but we have to participate in the discussion to even have a chance. The convention is a great backdrop to get involved in this discussion.

Over the past twenty years, I have attended just about every If you have never attended the FIADA Annual Convention state convention across the country and I will tell you ours I suggest you stop and register now. Do not delay. This is second to none. Our exhibit hall with great products and event is your best resource for finding ways to improve vendors is one of the largest. Our educational content is your business, learn more about the regulatory landscape the best. Our dealer attendees represent strong dealers that and network with are passionate other successful about what One of the benefits of attending the Annual dealers. This year’s they do. It is event has a variety truly one of the Convention is your participation in the dialogue of of workshops and best “member our business and industry. The convention is a great speakers that will benefits” of backdrop to get involved in the discussion. provide a wealth of being a part of information. Most FIADA. But it of the workshops is not limited count toward your continuing education requirement as to members only. If you are not a member we want you well. So it is a tremendous opportunity. to come to the convention as well so you can see why you should be a member. But there is an even more important reason to attend – you need to get involved. Over the past year I have fielded calls So don’t delay, register online or call our office at 800-237and had conversations with dealers that quite often had 0448 or go to page 18 in this magazine. Then book your some strong opinions as to legal issues or other hot topics hotel room in Orlando (see the convention pages for phone we face as dealers. Without the involvement of each and number and details.) Finally, come say hello to me at the every one of us it is an uphill battle for us to effect change. event. As an officer of FIADA I want to meet you and find We need your voice. We need your support. So one of out how we can all be better dealers. the benefits of attending the Annual Convention is your participation in the dialogue of our business and industry. Have a great month and see you at the Annual FIADA You learn what is on the horizon. You can weigh in to convention in Orlando! 4 — Independent Dealer — September 2013

www.fiada.com

We offer more than products. We offer solutions.

When you work with Protective you offer customers more than products; you offer solutions – solutions that allow people to embrace all today has to offer by protecting their tomorrow.

Protective provides F&I solutions that simplify the selling process with easy to understand products, advanced training and reliable customer care and claims service. We are committed to your profitability by serving the increasing number of car buyers that are unprotected from the costs of future mechanical expenses.

Like you, we believe in doing the right thing for the customer. Help your customers protect tomorrow and embrace today with F&I solutions from Protective Asset Protection.

Learn more at protectiveassetprotection.com/brand

PAID ADVERTISING

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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. Lifetime Engine Warranty, Limited Warranty, Vehicle Service Contracts (VSCs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VSCs are backed by Old Republic Insurance Company. GAP, Lifetime Engine Warranty and Limited Warranty are not available in NY. 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

September 2013 — Independent Dealer — 5

EXECUTIVE DIREC TOR’S MESSAGE

See You At the Auction! BY LISET TE MARINER, EXECUTIVE DIREC TOR

uto Auctions make a great partner for FIADA as we work together to help dealers succeed in the industry. Did you know that FIADA members receive over $1,000.00 in Buy/Sell Auction fees every year? As you can see, it pays to be a member! We want you to become an active participant in protecting the industry that you spend your time to succeed in every day. Help us spread the word about FIADA. Meet us at the auction. Share your experience about the Association with me and board members in your area. I’ll be at Carmax in Ft. Lauderdale on October 7, and I’d love to see you there. Come early, the sale starts at 9:00 am (EST). Show your support and invite another dealer in your area to attend with you. Together we can illustrate the value in their investment with the FIADA; as an extra added benefit if you’re already a member and your referral joins you will receive a $50 gift card. Be on the lookout for additional FIADA Member Drives coming to an auction near you! In the meantime, look for FIADA signs at your local auction. You may find them in places you wouldn’t expect. Many of our partner auctions have signs posted around the auction. Check out our poster advertising FIADA.com displayed proudly at Manheim Central Florida. Can you guess where this one was taken? As you well know, the auctions are not just a place for doing business but also for catching up and keeping current with what is happening in the industry. Don’t miss the opportunity to find out what’s new at the Auction. You can also stay up-to-date by attending the FIADA Annual Convention in October. Many have already registered to attend the convention, and we want Can you guess where this poster is displayed at Manheim Central Florida? to thank and recognize Manheim Auctions for being a Platinum Sponsor and to ADESA and SmartAuction for being Bronze Sponsors. For a list of exhibitors and sponsors please visit, www.FIADA.com. Dealers show your support. As a member, you can add the FIADA logo to your website. Let your customers know that you abide by a strict code of ethics and care about the industry. Visit www.FIADA.com and log in to gain access to the Resource Library. See you at the auction!

6 — Independent Dealer — September 2013

www.fiada.com

Y 28 DA T FLOA

SIMUL C AVAIL AST ABLE

check out our websites:

WWW.YOURAUCTIONTAMPABAY.COM 1-800-675-4444 WWW.YOURAUCTIONFTMYERS.COM 1-866-924-7070 WWW.YOURAUCTIONPASCO.COM 1-855-255-4111 WWW.YOURMOBILEAUCTION.COM 1-866-924-7070

PAID ADVERTISING

FIADA Facebook Challenge: If you find one of our signs at your local auction, take a quick pic and post it on our Facebook page (www.facebook.com/ FLIndAutoDealersAssoc). Be sure to tell us where you found it. Below is a list of our Auction members. See if you can find one of our posters on display. Help us get a snapshot from every location listed here: ADESA A/A of Jacksonville ADESA A/A of Sarasota America’s Auto Auction Jacksonville America’s Auto Auction Pensacola Carmax Auctions Charleston Auto Auction Cocoa Auto Dealers Exchange Copart, Inc. Dealers Auto Auction Florida Auto Auction Properties dba ABC Orlando Insurance Auto Auction Manheim Fort Myers Manheim Orlando Manheim Palm Beach Manheim Tampa Manheim’s Central Florida A/A

Manheim’s Lakeland A/A, Inc. Orlando Auto Auction Sanford Auto Dealers Exchange SmartAuction Tallahassee Auto Auction Tampa Machinery Auction Your Auction of Tampa Bay

MEMBERSHIP NEWS

Renewing Members 30+ Year Members America’s Auto Auction Jacksonville Autorama Auto Sales Progressive Motors, Inc. 20+ Year Members Motorcar Gallery, Inc. Sanford Auto Dealers Exchange 10+ Year Members J & C Auto Sales Leedom Group Under 10 Year Members Andrew Thomas Motorcars Auto Mart #1, LLC 8 — Independent Dealer — September 2013

AUGUST 2013 Jacksonville, FL Fort Myers, FL Pompano Beach, FL Ft Lauderdale, FL Sanford, FL Naples, FL Sarasota, FL Bradenton, FL Pensacola, FL

Automotive Finance Corporation Automotive Financial of America, Inc. Braman Motorcars Cary Auto Sales CounselorLibrary.com/Hudson Cook Elite Jeeps Enterprise Rent A Car Jeffs Auto Sales and Service, LLC Magna Auto Sales National Auto Lenders, Inc. Next Car, Inc. Sensible Auto Lending Showcase Auto Brokers USA, Inc. Veneauto Cars

Orlando, FL Orlando, FL West Palm Beach, FL Saint Augustine, FL Hanover, MD Destin, FL Coconut Creek, FL Port Charlotte, FL Titusville, FL Miami Lakes, FL Melbourne, FL Old Saybrook, CT Panama City, FL Gainesville, FL Continued on Page 10. www.fiada.com

ADD 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.

Take advantage of ADD’s great dealer tools and services: • ADDTag Print-on-Demand Temporary Tags and Tag Transfers • Florida Electronic Lien and Title (ELT) Services • DMV123 Real-Time Owner and Lienholder Search in 28 States • Florida Fee Calculator • Florida Driver License Histories • Dealer Management System (DMS) integration • Federal Total Loss/Salvage Vehicle Reporting (NMVTIS) PAID ADVERTISING

Come by booth #306 at the FIADA Convention & Expo October 17–20, 2013 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. Visit ADD123.com to see all available dealer services.

1.866.923.3123

MEMBERSHIP continued from Page 8.

MEMBERSHIP NEWS

New Members

AUGUST 2013

AutoRevo Addison, TX Amanda Russell Sponsor: Sarah Langley

FL Sunshine MC Parts Company Kissimmee, FL Kaye Camp Sponsor: Terry Myers

Systems 2000 Altamonte Springs, FL Sarah Feldhake Sponsor: Lisette Mariner

Vehicle Clearing House Winter Garden, FL Eric Knapp Sponsor: Amelia Tillman

AutoMax of Brevard Melbourne, FL Tim Meinert Sponsor: Foreman Motors

Floorplan Xpress LLC-OK Oklahoma City, OK Robert Villucci Sponsor: Jeff McClintoc

Tami Auto Sales Orlando, FL Abdullah Rabbat Sponsor: Amelia Tillman

Virginia Reaves Fort Walton Beach, FL Virginia Reaves Sponsor: Terry Myers

Autoprofit - An Automotive Profit Improvement Company Fort Myers, FL Ed French Sponsor: ADD/Mike Samaan

Gene Claseman Panama City Beach, FL Gene Claseman Sponsor: Terry Myers

vAuto Oakbrook Terrace, IL Barbara Reitz Sponsor: Chris Leedom

Westwind Limousine Inc. Dayton, OH Jim Bolinger Sponsor: Amelia Tillman

InternetSalesResults.com, Inc. Pompano Beach, FL Matthew Wahnon Sponsor: Former Member

Rejoining Members

Brandon Cavalier Pensacola, FL Brandon Cavalier Sponsor: Kevin Scott ChristofFER Nystrom Davie, FL Christoffer Nystrom Sponsor: Kevin Scott Cool Whips Automotive LLC Jacksonville, FL Kathrine Googins Sponsor: Amelia Tillman Direct Auto Store Largo, FL Brett Vickers Sponsor: Terry Myers EREJ Auto Sales Jacksonville, FL Edward Robinson Sponsor: Terry Myers Evans Auto Sales South Daytona, FL Jennifer Finlay Sponsor: Town Hall 7/26/13 Fasttrack II Auto Sales Palm Beach Gardens, FL Jim Geiger Sponsor: NIADA

JML Multi Services Inc Davie, FL James Loftus Sponsor: Web JTuned Autos, LLC BOCA RATON, FL John Temple Sponsor: Web Marianna Motor Co Marianna, FL Timothy Sapp Sponsor: Kevin Scott Ross Swanson Saint George, GA Ross Swanson Sponsor: Terry Myers Special Cars, Inc. Tampa, FL Gary Burns Sponsor: Nicole Lee

AUGUST 2013

Auto Land of SW FL, Inc. Fort Myers, FL Tracy Lewis Sponsor: Sarah Langley

Lazydays Seffner, FL Harold Oehler Sponsor: Former Member

DEALERPLATFORM LLC Jacksonville, FL Jean Bakkes Sponsor: Amelia Tillman

Marketing, Inc. Jacksonville, FL Gerald O’Brien Sponsor: Sarah Langley

Finance Express Rancho Santa Margarita, CA Tara Bauman Sponsor: Sarah Langley

North American Auto Finance Baton Rouge, LA Paul Russo Sponsor: Sarah Langley

Florida Credit Union Gainesville, FL Chessie Flanders Sponsor: Amelia Tillman

Skipper Limited, Inc. Graceville, FL Robert Skipper Sponsor: Amelia Tillman

Jimmie Vickers, Inc. Merritt Island, FL Buddy Vickers Sponsor: Amelia Tillman

Sunray Auto Sales Inc Spring Hill, FL John Hanson Sponsor: Terry Myers

10 — Independent Dealer — September 2013

Get rewarded for sponsoring new FIADA members! Find out more at FIADA.com. www.fiada.com

The top dealers in the state have discovered why they need FIADA and they believe it has helped them become more successful. The truth is, however, FIADA needs you as much as you need it. With your help FIADA can have a louder voice when it comes to protecting independent dealers on the issues important to the industry. With membership, you will also have unlimited access to FIADA’s Technical Assistance Line, ongoing legislative protection, member-only discounts, and continuing education opportunities that are essential for your business. On top of that, members enjoy networking at FIADA special events, idea sharing at town hall meetings and building friendships with fellow dealers that last a lifetime. When you join FIADA you become a member of the National Independent Automobile Dealers Association (NIADA) as well, doubling your benefits for one membership fee. The value of your FIADA membership is priceless.

“FIADA provides an incredible support network of information, experience and seasoned dealers that help each and every dealer in the state succeed. We have been members for over 10 years and I believe as a dealer you can’t afford NOT to be a member.”

—Christopher Leedom, Automaxx, Sarasota

“I wish more dealers would realize the value of strength in numbers. FIADA’s lobbying efforts eliminated a state lemon law and implemented the ability to put a stop on delinquent customer’s vehicle registration. With more members we are capable of doing so much more.” —Michelle Graudins, Economy Motors, Live Oak

“Being a part of the FIADA is a strategic necessity. Having a voice in helping shape the legal, regulatory and competitive landscape of our industry gives me comfort knowing that a business that has been so good to my family will continue to flourish.”

“FIADA offers access to a number of invaluable resources including a community of independent dealers and vendors that support our industry, lobbying efforts on our behalf and legal advice from attorneys who specialize in dealer-related matters.”

—Jim Kagilliery, JD Byrider, Jacksonville

—Lisa Compagno, Palm Tree Auto Sales, Stuart

PAID ADVERTISING

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August 2013 — Independent Dealer — 11

12— —Independent IndependentDealer Dealer— —August 2013 12 June 2013

www.fiada.com www.fiada.com

PAID ADVERTISING

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September 2013 — Independent Dealer — 13

SMART SELLING

Add On Sales Do you want fries with that? Don’t be afraid to ask your customers for an extra sale by suggesting a value-added service. By ED RIGSBEE

here is a reason why McDonald’s enjoyed total revenues of $23.5 billion in 2008. Could it be that there are more than 31,000 McDonald’s restaurants around the world in 118 countries? That is partly the reason, however I believe the fact that they sell 9 million pounds of their delicious French fries per day is an even more important element. What they really do well is ask, “Would you like fries with that?” McDonald’s worldwide excels at add on sales. I realize that others have also gotten on the “add

on sales” band wagon, yet McDonald’s consistently performs year after year. What Would it Take? What would it take for you to create this kind of culture in your organization? You might be finding yourself a bit resistant, thinking that the McDonald’s employees are mindless robots; and you might be right. However, they consistently perform. What would it take for your organization to perform at the level McDonald’s expects? Could the roadblocks be ego, intellect, and perception?

The Ego Roadblock In my experience, professional service corporations and chic retailers are the worst offenders in the area of letting ego get in the way of add on sales. I’ll ask you this. Do you want to hold on to your costly erroneous beliefs or do you want to increase revenues? When you let your ego get in your way, revenues will decrease. The Intellect Roadblock “I’ll do it my way because I know better.” This is the battle cry for intellects. In solving complex problems this is fine, however what is not acceptable is selling more of your products and/or services. Intellects are infatuated with features as opposed to being conscious of benefits. Intellects love to hear themselves talk about the technical side of anything and everything. Guess what? Your customers really do not care. They just want to know how your product or service will make their lives better—and, that it is a good value.

Providing your dealership the most unique…

Empowering you to…

PAID ADVERTISING

 Buy & Sell with no Out-of-Pocket Expense  Finance Every Customer  Purchase Inventory Anywhere at Anytime Over 40 years of Auto Financing… floorplansales@autouse.com

14 — Independent Dealer —September 2013

(800) 873-2907

autouse.com

www.fiada.com

The Perception Roadblock The perception roadblock to add on sales is one that will definitely need a brain adjustment. Business owners and the employees that sell for them too often feel it is an imposition on their customer to offer something additional. Somehow these folks got their head screwed on cockeyed and they really do need some help. When one truly cares about their customer, or client, it is their obligation on them to offer every bit of value your/their organization has to offer. One might say that McDonald’s is making people fat and unhealthy by offering supersizing or just “fries with that.” I do not think so. McDonalds is not cramming the food down the throats of their dining patrons but simply offering more value. Customers make choices. What you need to do is to simply offer your customers more choices and more value.

products or services. And your employees have consciously participated in that training. Yes, it will take you, the leader, a bit of pre-planning time but, my gosh—isn’t that your job anyway? Do this rigorously for one month and I guarantee you that you’ll be pleased with the results. It is the little things that make the difference.

Ed Rigsbee, CSP, CAE, is the author of PartnerShift, Developing Strategic Alliances and The Art of Partnering. He can be reached at (805)-498-5720, ed@rigsbee.com or visit online at www.rigsbee.com.

Online Ad Post

Why Else Don’t They Offer? I have found that the primary reason you and your employees do not offer add on sales is because of a lack of training. I bet you thought I was going to say laziness. In my two decades of experience in working with organizations as a consultant, I have identified lack of training as the culprit much more often than apathy or sloth. A Simple Solution Your simple solution to increasing add on sales in your organization is daily training. Try this for a month and see if I’m not completely correct. At the start of every day, spend two to three minutes explaining to all the members of your organization, why a particular product or service helps your customers’ lives to be better and suggest that they offer it to customers that day. At the end of the month you have trained your entire company, on how to offer 20 new and or different, add on www.fiada.com

Two Online Marketing Options for Your Dealership

Online Ad Post-Deluxe Full-Service Option

•You select the vehicle, we’ll take care of the rest •One free phone number per market •Videos on your vehicle listing page •Comprehensive reporting and so much more!

Online Ad Post-Standard Self-Service Option

•Upload to your AutoTrader and Cars.com accounts •Easy posting of copy and images to online classified sites •A low monthly fee with no vehicle limits To learn more: www.dealercenter.com/FIADAOAP

PAID ADVERTISING

Success in Simplicity McDonald’s, I believe, is successful because of simplicity. They do not rattle off 20 additional dining options but rather one or two. If you were to adapt this idea of simplicity to your organization, it might be done by just offering one single item to every customer as an add on, or possibly having just one specific and different customized add on offer for every individual product or service. Needless to say, the multi-item approach is much more difficult to implement.

September 2013 — Independent Dealer — 15

Platinum

gold

Florida Dealers! silver

bronze

16 — Independent Dealer — September 2013

Our First-Class Trade Show features vendors like:

A Dealer’s Journal • ADESA Auto Auctions • AFC Automotive Finance Corporation • AFS Acceptance LLC • American Traveler Motor Club • A.R.A. GPS Systems • ASC Warranty • Auction123. com • Auto Data Direct, Inc. • Auto Use • Automotive Capital Resources • Autoprofit- “An Automotive Profit Improvement Company” • AutoRaptor CRM • AutoRevo • AutoShopper. com • AutoStar Solutions • AutoTrader.com • Carmax • Dealer Funding • DealerMatch • eBay Motors • Finance Express • Floorplan Xpress • GO Financial • GoldStar GPS • GM Onstar • IAA - Remarketing Division • Ituran USA, Inc. • Manheim Auto Auctions • Mark-One Financial • Microbilt • National Auto Lenders • Nationwide Southeast LLC • North American Auto Finance • Protective Asset Protection • Sensible Car Rental • Sheriffs Ranches Enterprises, Inc • SmartAuction • Systems 2000 • Tax Refund Services Tax Max • Title Technologies • United Acceptance • vAuto • Wayne Reaves Software • Williams and Stazzone Insurance Agency, Inc. www.fiada.com

ur Get Yo RS of

Thursday, October 17, 2013 6:30-9:30pm

Welcome Reception

Friday, October 18, 2013 9-10:15am

Opening Keynote: Beyond Good Enough, Fred Moore 10-10:15am Coffee Break and Book Signing 10:15-10:45am Member Meeting/Elections 1 0:45-11:45am Legislative Keynote: Sen. Jeff Brandes and House/Senate Leadership (invited) 12-1:15pm Networking Lunch 1:15-2:15pm Choose Your Workshop: Financial Workshop Jorge Martinez, Martinez & Associates Lease Here Pay Here 101 Chris Leedom, Leedom Group 2:30-3:30pm Choose Your Workshop: Sales Training Workshop Paul Webb

Buy Here Pay Here Training Leedom Group 3:45-5pm Legal Panel Robert Sickles, Hinshaw & Culbertson, LLP Lewis Kuhl, Kurkin, Forehand, Brandes, LLP Bill Denius, Killgore, Pearlman, Stamp, Ornstein & Squires P.A. Dennis LeVine, Dennis LeVine & Associates, P.A.

8 HOU ING NU CONTI N (CE) TIO EDUCA edit! 6-9pm 9pm-midnight

Exhibit Hall Opening/ Dinner with Exhibitors Hospitality Suite, sponsored by Williams & Stazzone

Saturday, October 19, 2013 8am-2:30pm 8-9:30am 9:30-10:30am

Exhibit Hall/Registration Desk Open Breakfast with Exhibitors Choose Your Workshop:

Legal Workshop Rob Sickles, Hinshaw & Culbertson, LLP Solutions to More Profitability Joe Lescota, NIADA Director of Dealer Development 10:45-11:45am Choose Your Workshop: Tips to Curb Costs when Reconditioning a Vehicle Panel

Affordable Care Act Panel 12-2:30pm Lunch with Exhibitors and Exhibitor Giveaways 2:30-3:30pm Choose Your Workshop: How to Successfully Market your Dealership on Social Media Kathi Kruse

How to Reach the Hispanic Market, Mauricio Espinosa 3:45-5pm Division of Motorist Services Update 6:30-9pm Awards Banquet Gala with entertainment by The Land Sharks

HOTEL ACCOMMODATIONS:

Disney’s Coronado Springs Resort

Room Rate is $139 per night/plus tax. Reservations must be made by 9/17/13 to receive group rate. Space is limited. Call (407) 939-4686 to book your room.

www.fiada.com

July 2013 — Independent Dealer — 17

2013 FIADA ANNUAL CONVENTION REGISTRATION FORM COMPANY INFORMATION Company:_____________________________________________________________________________________________________ Address:__________________________________________________ City, State, Zip:_______________________________________ Phone:____________________________________________________ Fax:_______________________________________________ E-mail:___________________________________________________ Website:____________________________________________

REGISTRATION INFORMATION FULL ACCESS PASS

EARLY BIRD (through 8/31/13)

Includes all Meal Functions, Seminars and Exhibit Hall Access and is eligible for Continuing Education Credit. Discounted passes are available for additional full access registrations.

MEMBER

[

REGULAR (9/1/13 - 10/11/13)

NON-MEMBER

] $249 [

] $299

ON-SITE (10/12/13 - 10/20/13)

MEMBER NON-MEMBER

[

] $299 [

MEMBER NON-MEMBER

] $349

[

] $349 [

] $399

EDUCATION PASS Includes all Seminars, Exhibit Hall Access and is eligible for Continuing Education Credit. **Does Not Include Meal Functions**

MEMBER

MEMBER NON-MEMBER

NON-MEMBER

MEMBER NON-MEMBER

[

] $99 [

] $124

[

] $124 [

] $149

[

] $149 [

] $175

[

] $99 [

] $124

[

] $124 [

] $149

[

] $149 [

] $175

Additional Full-Access Options: SPOUSE FULL ACCESS PASS

ADDITIONAL FULL ACCESS PASSES

This pass is only available with a Full Access Registration purchase. Includes all Meal Functions, Seminars and Exhibit Hall Access and is eligible for Continuing Education Credit

Includes all Meal Functions, Seminars and Exhibit Hall Access and is eligible for Continuing Education Credit.

[ CHILDREN Includes all Meal Functions and Exhibit Hall Access

12 & UNDER

] $100

[

] $195

13-17

[

] $195

[

] FREE [

] $100

[

] $195

[

] FREE [

] $100

[

] $195

For Children 18 and over who wish to attend all events, please purchase an additional full access pass. Individual meal tickets are also available for purchase.

TOTAL:

PAYMENT METHOD [

] I have enclosed a check made payable to FIADA

[

] I will be using a credit card

Name (as it appears on card):_______________________________________ Company:_______________________________________ Credit Card Billing Address:________________________________________________________________________________________ Credit Card Number:_____________________________________________ Exp Date:_______________________________________ Authorized Signature:_________________________________________________________________ CC Security Code:_____________ CANCELLATION POLICY: If cancellations are received in writing before 5pm on Tuesday, September 17, 2013, we will refund your registration fee. If cancellation is received between 9/18/13 and 9/30/13, we will refund your registration fee less a $25 processing fee. Fees cannot be refunded for registrations cancelled after 10/1/13 or for no-shows. Photo/Video Release: By registering for the 2013 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: Disney’s Coronado Springs Resort. Hotel stay is separate from convention registration. Reservations must be made BEFORE SEPTEMBER 17, 2013 to qualify for group discount of $139 per night (plus tax) For reservations call (407) 939-4686. Mail/Fax/ONLINE registration: FIADA, 1840 Fiddler Court, Tallahassee, FL 32308 FAX 850.385.3251 www.FIADA.com 18 — Independent Dealer — September 2013

www.fiada.com

“We Don’t Just Build Solutions, We Build Relationships.” — Paul Rosenthal, Vice President of Sales – Automotive Solutions Group

Solutions Built on Relationships. At Spireon, our customers come first. Which might explain why Paul Rosenthal, Vice President of Sales for Spireon’s Automotive Solutions Group, took a personal interest in helping Jim and Renee at Preferred Funding. “GoldStar GPS has been helping us win for over 5 years. In my business, people make the difference and Paul and the GoldStar team are always there when I need them.” – Jim Willis, President of Preferred Funding. With over 25 years industry experience, Paul has continued to build long-standing relationships with automotive dealers and lenders nationwide by setting the Gold Standard in service and quality. More automotive lenders and dealers have chosen GoldStar GPS over any other tracking system. We keep working hard to earn your trust and your business, with innovative technology that meets your evolving needs and through giving you the support and service you deserve. PAID ADVERTISING

Join our family: GoldStarGPS.com/Family

A Winning Strategy Starts with a Game Changing Partnership! www.fiada.com

August 2013 — Independent Dealer — 19

CONVENTION KEYNOTE

The GAME Plan: It’s All About M.E., Now! Breaking down the final points of the G.A.M.E. Plan: Motivation and Evaluation that will get you where you need to go. by fRED MOORE

he FIADA Annual Convention is fast approaching and I am getting all my ducks in a row to deliver to you a fun, informative and entertaining Keynote speech on Friday October 18th. If you’re just discovering who I am in this article, I would urge you to check out the last couple of months issues for the first 2 parts (don’t worry, you won’t be lost if you don’t). We’ve been talking about a G.A.M.E. plan that you can use to help complete your goals quicker and easier than ever before. The first 2 letters in the plan stand for Goal and Action, which we covered in the previous articles I mentioned (go ahead and read them…I can wait). Now it’s time for the M.E. The first letter stands for Motivation, now stick with me people! I’m not talking about the “rah, rah, you can do it if you only think positive thoughts and surround yourself with rainbows and unicorns” stuff that’s out there. The kind of motivation I’m referring to has to do with what you’re using to keep yourself on track with the goals you have. Or what you’re using to help motivate your sales staff to meet the quota you’ve set for this month. I’m sure you have probably used sales incentives for your staff in the past; you know “whoever sells the most

20 — Independent Dealer — September 2013

wins a free steak dinner.” Those work for the most part; depending on the effort-to-reward ratio. If the “reward” is too small there won’t be much motivation, but if the prize is valuable enough you’ll have your sales staff in frenzy.

with a deadline and stated as if it’s already happened. Print it out and post it up for everyone to see, even your customers. That way it’s a daily reminder of what you’re going to accomplish and when it’s going to be done.

But what do you do to keep yourself motivated? You’re setting goals all the time and they’re important to you (otherwise you wouldn’t have set them and you wouldn’t be taking the time to read this). You can’t really give yourself a “reward” for completing your goals can you? Why not? Who else besides you deserves to be rewarded for all the effort you’re putting into achieving your goals? It sounds a little simplistic but if you have the discipline to do it and stick to it, this type of motivation can really help.

Finally, tell a good friend about your goal and the deadline you’ve set to help keep you motivated. Make sure it’s someone that will hold you accountable for the goal and not let you off easy. If you have friends in the industry; challenge them to a sales contest and make it fun!

For instance, denying yourself something you really enjoy UNTIL you’ve reached your goal can be motivating. Have you got a favorite restaurant you like to go to? Don’t go until your goal is achieved. Love to go skydiving once a month? Put off jumping out of a plane until you’ve done what you set out to do. Another great way to motivate yourself and your sales staff is to post your goal up for everyone to see. Remember the goal is clearly defined,

The last step in the G.A.M.E. plan is probably one of the most important ones. It’s a step that most people miss and it’s the reason they don’t get what they want out of life and their business. It’s Evaluation. If you’re not taking time to stop and evaluate what you’ve been doing to see if it’s working or not, then how are you going to improve what you’re doing? It’s been said that the basic definition of “insanity” is to do something the exact same way over and over again but expect a different result. If you’re not getting the results that you want, then change what you’re doing. If the TV ad is not bringing in the revenue you were hoping for…change it. If Continued on Page 22. www.fiada.com

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GAME PLAN continued from Page 20.

When it comes to completing your goals you should evaluate every step of the process; the actions you’re taking, the motivators you’re using and even the goal itself. Maybe the deadline you’ve set is an unrealistic one and you need to adjust it. Maybe the goal itself is too big and you need to “chunk” it down into several goals instead of just one.

you didn’t know when it would end! For me I would break down my goal (the finish line) into smaller more manageable bits. My goal wasn’t the finish line that I couldn’t even see; my goal was the speed limit sign up ahead. That was a goal I could see, that was a goal I could get to. Once I got there, my new goal was the bank up ahead, then street sign further on down until finally the finish line was within my sight. I’d taken a larger goal and broken it down to make it easier for me to accomplish. Think of it this way; you wouldn’t eat a 6 foot sub sandwich in just one sitting, you’d slice it up into smaller parts and work on it slowly.

I used to run in those 5k races years ago (now I only run when I’m being chased) and sometimes they could be a psychological challenge. Let me explain; usually the finish line was nowhere in sight until you got really close to it. So when you were running

There’s your G.A.M.E. plan; set a clearly defined Goal with a deadline, determine what Actions you’ll be taking and when, Motivate yourself and employees to reach this goal and Evaluate everything you’re doing to make sure it’s working.

the sales tactics you use are turning customers away…change them. If the incentive you created for your sales staff is not motivating them… fire them! Or better yet…change the incentive (it’s so hard to get good help).

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There is so much more we could talk about when it comes to goal setting and getting the results that you want and we will. I really hope to see you at the convention and share some more ideas, techniques and tools for you to use to take your business to the next level. I don’t want your business to be just “good enough” I want you to go Beyond Good Enough! Fred Moore is an entertaining speaker and author who has traveled the world sharing his message in over 30 countries. He’ll be presenting his presentation “Beyond Good Enough: Taking your business to the next level” at the upcoming FIADA convention & expo. To find out more about Fred-: www.MooreFred. com.

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Attending the FIADA Annual Convention will not only keep you up-to-date on the latest news and industry happenings, but it can also qualify for your 8 HOURS of continuing education credit! Register now at www.fiada.com.

22 20132013 22 — — Independent Independent Dealer Dealer —August — September

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

Don’t Wait Act Today BY SANDRA MORTHAM, FIADA LOBBYIST

he 2014 legislative session will begin before we know it. We see signs of issues that will be at the forefront this year. Governor Scott has committed on several platforms that he would like to have taxes and fees reduced. Senate

President Don Gaetz, also recently remarked that “The Senate will be happy to partner with Governor Scott and the Florida House on a tax relief proposal that will keep more money in the pockets of the hardworking Floridians who earn it.”

FIADA’s Legislative Agenda includes a reduction in registration fees and reinstatement of surrender stops. Don’t forget convention is just around the corner. If you haven’t registered, please take a moment to register. Senator Brandes and Representative

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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Chris Leedom recently had an opportunity to reiterate to Senator Galvano our initiatives during a round of golf at a local community event. Seize the opportunities! Governor Scott announced recently he would embark on an “It’s Your Money” tour of the state to ask the citizens what he should propose in the form of a tax cut. Scott said he would visit West Palm Beach, Fort Lauderdale, Jacksonville, Tampa and Orlando to hear from those who had ideas on how taxes should be sliced. This is the ideal time to bring the issue of reducing registration fees. Remember to visit your legislators while they are home. Stop by and let them know you are a constituent. Invite them to visit your dealership and get to know how small business makes a tremendous impact on the economy.

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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 Law Buy-here, pay-here dealers should pay particular attention to recent federal efforts to curb abuses in the debt collection arena. The Feds’ enforcement actions signal the sorts of collection practices they find objectionable. CFPB Fires Debt Collection Warning Shots. On June 27, the FTC announced that Mortgage Investors Corporation will pay a $7.5 million civil penalty, the largest fine the FTC has ever collected, to settle allegations of violations of the Do Not Call provisions of the Telemarketing Sales Rule. The case is the first action

brought to enforce the Mortgage Acts and Practices Advertising Rule, which allows the FTC to collect civil penalties for deceptive mortgage advertisements. Mortgage Investors allegedly called more than 5.4 million numbers listed on the National Do Not Call Registry to offer home loan refinancing services to servicemembers and failed to remove consumers from its call list when the consumers asked it to do so. The company also allegedly misrepresented the terms of loan products it offered during its telemarketing calls and misled consumers about its affiliation

with the Department of Veterans Affairs. In addition to the settlement with Mortgage Investors, the FTC announced settlements with several other companies that allegedly made illegal pre-recorded calls offering debt relief services. CFPB Fires Debt Collection Warning Shots. On July 10, the CFPB published two bulletins advising companies about unlawful debt collection conduct. The first bulletin described certain acts or practices related to debt collection that could, depending on the facts and Continued on Page 29.

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circumstances, be considered unfair, deceptive, or abusive under the Dodd-Frank Act. The bulletin provided examples of such UDAAPs, but noted that the examples were not exhaustive. The CFPB may closely review any covered person or service provider’s consumer debt collection efforts for potential violations of federal consumer financial laws. Some of the examples of UDAAPs listed in the bulletin are: • collecting or assessing a debt and/or any additional amounts in connection with a debt (including interest, fees, and charges) not expressly authorized by the agreement creating the debt or permitted by law; • failing to post payments timely or properly or to credit a consumer’s account with payments that the consumer submitted on time and then charging late fees to that consumer; • taking possession of property without the legal right to do so; revealing the consumer’s debt, without the consumer’s consent, to the consumer’s employer and/or co-workers; • falsely representing the character, amount, or legal status of the debt; • misrepresenting that a debt collection communication is from an attorney; • misrepresenting whether information about a payment or non-payment would be furnished to a credit reporting agency. The CFPB’s second bulletin warned companies to avoid deceptive statements concerning the impact of paying a debt on a consumer’s credit score, credit report, or creditworthiness and highlights examples of potentially deceptive claims debt collectors may be making to consumers about their credit report and credit scores. The CFPB also published five action letters for consumers to use when corresponding with debt collectors and announced that it is now accepting complaints from consumers experiencing debt collection problems. Merger Clause in Financing Agreement Did Not Void Contemporaneously Signed Arbitration Agreement: A car buyer sued the dealership where she bought her car after it informed her that she was no longer part of a promotional program in which customers could buy a new vehicle for less than $100 a month and then return the vehicle to the dealership within 10 to 12 months in exchange for a new vehicle at the same monthly rate. The dealership moved to compel arbitration based on an arbitration agreement the buyer signed. The trial court found that the arbitration agreement was unenforceable because the installment contract, signed at the same time as the arbitration agreement, did not refer to or incorporate the arbitration agreement, and the installment contract included a merger clause stating that it contained the parties’ entire agreement as to financing. The Supreme Court of Missouri reversed the trial court’s finding and remanded, stating that contemporaneously signed documents must be construed Continued on Page 30. www.fiada.com

September 2013 — Independent Dealer — 29

INDUSTRY NEWS October 1 Deadline for Employer Exchange/Marketplace Notifications Under the Patient Protection and Affordable Care Act (PPACA), employers must provide each employee, regardless of plan enrollment status or whether the employee is part-time or full-time, with a written notice informing the employee of three things. First, the notice must inform each employee of the existence of state or federal health benefits exchanges (Exchanges/Marketplaces). Second, the notice must inform each employee that if the employer plan’s share of the total allowed costs of benefits provided under the plan is less than 60 percent, then the employee may be eligible for a federal premium tax credit if the employee purchases a qualified health plan through an Exchange/Marketplace. Third, the notice must include a statement informing the employee that if he or she purchases a qualified health plan through an Exchange/Marketplace, then the employee may lose the employer contribution to any health benefits plan

offered by the employer and that all or a portion of such contribution may be excludable from income for Federal income tax purposes. Beginning October 1, 2013, employers are required to provide the notice to each new employee at the time of hiring of their coverage options. For 2014, as long as the notice is provided within 14 days of an employee’s start date, it will be deemed to have been provided at the time of hiring. For current employees before October 1, 2013, employers must provide the notice by October 1, 2013. The notice must be written in such a way as to be understood by the average employee and may be provided via first-class mail or electronically. There are two model notices that satisfy the content requirements - one for employers that do not offer a health plan and one for employers that offer a health plan to some or all employees. You can find these notices online at www.fiada.com under Resources.

LEGAL UPDATE continued from Page 29.

together and harmonized if possible. The supreme court noted that the merger clause merged prior oral agreements and prior oral or written commitments “to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt.” Because the arbitration agreement was a dispute resolution agreement, not an additional financing document, the supreme court determined that the arbitration agreement was not voided by the merger clause and, therefore, was enforceable. See Johnson v. JF Enterprises, LLC, 2013 Mo. LEXIS 31 (Mo. June 11, 2013). Duty to Send Denial Letter within 30 Days of Receipt of Application Applies Only if Application is Complete: A homeowner sought a loan modification from a bank, submitting three credit applications. The bank orally notified her that her credit applications were incomplete because they were missing certain documents. The bank later sent her a denial letter for each of her credit applications, but the denial letters were sent more than 30 days after the bank received her credit applications. She sued the bank for violating the Equal Credit Opportunity Act, alleging that the bank violated Section 1691(d)(1) because it failed to provide written notice of denial of her credit applications within 30 days of receipt of the 30 — Independent Dealer — September 2013

completed applications. The bank argued that it did not violate the ECOA because it never received a completed credit application and moved for partial summary judgment. The U.S. District Court for the District of Colorado concluded that a genuine issue of material fact existed as to whether the credit applications were complete. Although the homeowner submitted a declaration stating that she provided, on multiple occasions, all information the bank required to complete her credit applications, the bank offered a declaration by one of its employees that those credit applications were not complete. Second, the court found that creditors are required to use reasonable diligence in obtaining information they ordinarily require to evaluate a loan, and if the defendant has not used reasonable diligence in obtaining the information necessary to complete a plaintiff ’s credit application, the court will not allow the defendant to use incompleteness to shield itself from ECOA liability. The court determined that a jury could find that the bank did not use reasonable diligence in obtaining the information necessary to complete the homeowner’s credit applications because the bank only called her to inform her of the incompleteness of her applications. Therefore, the court denied the bank’s motion for partial summary judgment. See King v. JP Morgan Chase Bank, 2013 U.S. Dist. LEXIS 93601 (D. www.fiada.com

2012-2013 FIADA EXECUTIVE COMMITTEE:

CHRISTOPHER LEEDOM DINO MERCURIO BRANDI NOEGEL President Senior Vice President Chairman of the Board AutoMaxx Independent Credit, Inc. Noegel’s Auto Sales Sarasota, FL West Palm Beach, FL Starke, FL (941) 309-1111 (561) 686-8673 (904) 964-6461

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

DAVID COX, CMD Secretary Cox Motors, L.L.C. Lakeland, FL (863) 686-9300

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

JIM WINTERICK, JR. STEVE MARBAIS GEORGE HICKEY JIM WINTERICK, SR. Regional Vice President Regional Vice President Regional Vice President Regional Vice President Marbais Enterprises, Inc. Gulfstream Motor Credit Gulfstream Motor Credit Bond Auto Sales Ocoee, FL Miami, FL Miami, FL Tampa, FL (407) 877-7422 (305) 253-2335 (305) 253-2335 (813) 238-7478

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