Upcoming Events 2021
April 19 Board of Directors Meeting Austin, TX
July 25 Board of Directors Meeting
Kalahari Resorts & Conventions Round Rock, TX
25-27 TIADA Conference and Expo Kalahari Resorts & Conventions Round Rock, TX
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there is no physical contact. Make a clear statement of what you are expecting to happen. An example would be “I am asking you to leave the dealership now.” Calmly repeat the instructions to the person several times for clarity. If the person becomes more ani mated or belligerent, have someone use his or her cell phone to record the encounter and document what is occurring. The mere knowledge a video is being taken may diffuse the situation when they realize their actions are being recorded but should not be done in a confrontational manner. It is always advisable to handle the incidents without police involvement if possible. At some point, a clear statement needs to be made such as “If you refuse to leave, I will call the police.” While there is no clear amount of time you should give before calling the police, adequate attempts to let the person leave on their own should be given. If the police are needed, one per son should continue to calmly address the person while another employee calls 9-1-1 for assistance. It is very important to communicate the business address, what the situation is, suspect description (race, sex, height, weight, hair color, clothing description), any suspect vehicle description if relevant (make, model, color, license plate), and any other pertinent information responding officers may need. Understand dispatchers may have a set of questions they are required to ask, make sure to cooperate and let them lead the conversation. Physical confrontation should be avoided at all cost, but the actions of the other person may change the situation. Just make sure to think about how your actions will be viewed in the future,
were they justified? When officers arrive on scene, calmly explain the situation upon arrival and let them handle the incident based upon their training and experience. If the disruption is repeated over time, you can get a restraining order from a judge to keep them off the property for a set period of time. Obviously, the court order is one of the more extreme orders and the most expensive of all the remedies, but it may be a necessary alternative depending on the amount of disruption the customer causes. To finish up, Sgt. Schlosser reminds us that “while no one can fully prepare for a belligerent person causing a disturbance in the dealership, always remain calm, clearly communicate with the person, call the police only if necessary, and don’t antagonize the situation. Remember, what works for one situation may not work in another. Always be prepared to change tactics according to each unique situation.” Contacting a licensed attorney can aid you in coming up with a preventative plan and to know your full rights in a tough situation that puts you and your business against an unruly customer that may or may not be able to cause harm to your business. Erik Wilson is a licensed attorney in Texas and a partner at Erik Wilson and Associates and has worked with TIADA to address member concerns for the past 5 years. He participated on the Legal Panel at the 2018 TIADA Conference & Expo. Sgt. Darren Schlosser has shown a commitment to educating dealers on spotting customer fraud. He was a speaker at the TIADA Conference & Expo in 2018 and 2019 and has presented at various local chapter meetings.
T e x a s
D e a l e r
February 2021
