Government’s Reach Touches Us All

By Jeb Balise, MSADA President

Over the last several weeks, dealers have seen first-hand how our government’s reach – some would say overreach – touches us all, and not in helpful ways. The breadth of government is not insubstantial.

On June 9, enforcement of the long-anticipated Safeguards Rule issued by the Federal Trade Commission in late 2021 went fully live, so all dealers must now be in compliance with every aspect of the Rule.

Also, on June 1, our Massachusetts Attorney General began enforcement of the 2020 amendments to our decade-old right to repair law. Unfortunately for dealers, while the vehicle manufacturers and the RTR coalition continue to battle out the legality of our state law in relation to federal regulations and laws, we dealers must now hand out to every “prospective buyer” – undefined in the law – a consumer notice drafted by the AG explaining the telematics existence in the cars and trucks we sell. Failure to provide the consumer notice can result in a dealership losing its ability to sell and service vehicles as a Class 1 dealer. We are pursuing a change in that law on Beacon Hill.

As all the interested parties await a decision from the federal court judge in the manufacturers’ lawsuit, the National Highway Transportation Safety Administration dropped a letter on the manufacturers detailing how the Massachusetts RTR law conflicts with federal laws and rules. The letter was immediately provided to the federal court as well. Just more gasoline on the fire.

Regardless of the final decision, the ruling most likely will be appealed – thereby continuing the uncertainty of how the manufacturers will treat the initiation of telematic services in their vehicles, which are in place to enhance vehicle safety and other services designed to benefit consumers, our customers.

Further, as you can see in our cover story, there is a full slate of federal matters NADA, AIADA, and MSADA all must confront. Otherwise, our Members of Congress may feel compelled to act unfettered by any input from our industry.

Bottom line: Those in our industry cannot bury their heads in the sand. Government reach, and overreach, are here to stay. We need to be involved with our policy makers to ensure our points of view are heard. When our – your – dealer associations – NADA, MSADA, AIADA – ring the bell to ask you to get involved, please consider joining in our efforts. For example, the next NADA Washington Conference will be here before you know it – September 12-13. Rest assured – What happens in a political vacuum, with no dealer input, is never helpful to our Main Street businesses.

Msada Board

Barnstable County

Brad tracy, tracy Volkswagen

Berkshire County

Brian Bedard, Bedard Brothers Auto Sales

Bristol County richard Mastria, Mastria Auto group

Essex County

William Deluca iii

Bill Deluca family of Dealerships

Franklin County [open]

Hampden County

Jeb Balise, Balise Auto group

Hampshire County

Bryan Burke, Burke chevrolet

Middlesex County frank Hanenberger, MetroWest Subaru

Norfolk County

Jack Madden, Jr., Jack Madden ford charles tufankjian, toyota Scion of Braintree

Plymouth County christine Alicandro, Marty’s Buick gMc isuzu

Suffolk County robert Boch, expressway toyota

Worcester County

Steven Sewell, Westboro chrysler

Dodge ram Jeep

Steve Salvadore, Salvadore Auto

Medium/Heavy-Duty Truck Dealer Director-at-Large [open]

Immediate Past President chris connolly, Jr., Herb connolly chevrolet

NADA Director

Scott Dube, Mcgovern Hyundai rt.93

OFFICERs

President, Jeb Balise

Vice President, Steve Sewell

Treasurer, Jack Madden, Jr.

Clerk, c harles tufankjian