Texas Dealer May 2018

G P S T r a c k e r s

C o n t i n u e To E v o l v e In This Issue: – Michael W. Dunagan on Electronic Tracking and Disabling Devices – Mississippi Passes Legislation to End Title Washing – Mobile, Not Just Another Buzzword

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2018 TIADA Board of Directors PRESIDENT Greg Zak/Dixon Motors 7902 North Freeway Houston, TX 77037 Office: 281.931.1300 Email: greg@dixonmotorcars.com PRESIDENT ELECT Juan Sabillón/Mi Tierra Auto Sales 7935 Gulf Freeway Houston, TX 77017 Office: 713.644.2446 Email: jmsabillon@mitierraautosales.com CHAIRWOMAN OF THE BOARD Kathrine Tolsch/CICO Auto Sales 11050 Harry Hines Blvd.

Dallas, TX 75229 Office: 214.352.9282 / Fax: 214.352.8227 Email: cicoauto@verizon.net SECRETARY Robert Beck/Stop N’Drive Motors 711 N. General McMullen Dr. San Antonio, TX 78228 Office: 210.432.1101 Email: stopdrive@texas.net TREASURER Mark Jones/Mike Carlson Motor Company 264 Exchange Burleson, TX 76028 Office: 817.703.7973 Email: mjones@mcmcauto.com VICE PRESIDENT, WEST TEXAS (REGION 1) Paul Scott/Fiesta Motors – Lubbock 2599 74th Street Lubbock, TX 79423 Office: 806.765.3640 Email: pscott@gofiestamotors.com VICE PRESIDENT, FORT WORTH (REGION 2) Eddie Hale/Neighborhood Autos 1717 US 287 Decatur, TX 76234 Office: 940.539.2272 Email: ehale@neighborhoodautos.com VICE PRESIDENT, DALLAS (REGION 3) Greg Reine/Auto Liquidators 39670 LBJ Freeway Dallas, TX 75237 Office: 972.780.0001 Email: greg@autoliquidators.net VICE PRESIDENT, HOUSTON (REGION 4) Ryan Winkelmann/BJ’s Autohaus 5005 Telephone Road Houston, TX 77087 Office: 713.641.0980 Email: ryan.winkelmann@sbcglobal.net VICE PRESIDENT, CENTRAL TEXAS (REGION 5) Robert Blankenship/Texas Auto Center 6809 N IH-35 Austin, TX 78744 Office: 512.280.5333 Email: bob@texasautocenter.net VICE PRESIDENT, SOUTH TEXAS (REGION 6) Armando Villarreal/McAllen Auto Sales 4215 S. 23rd Street McAllen, TX 78503 Office: 956.668.8088 Email: armando@mcallenautosales.net VICE PRESIDENT AT LARGE Greg Phea/Austin Rising Fast 8024 IH 35 North Austin, TX 78753 Office: 512.828.0001 Email: greg@risingfastmotorcars.com VICE PRESIDENT AT LARGE Vicki Davis/A-OK Auto Sales 23980 FM 1314 Porter, TX 77365 Office: 281.354.3355 Email: aokautosales@embarqmail.com TIADA EXECUTIVE DIRECTOR Jeff Martin 9951 Anderson Mill Rd., Suite 101 Austin, TX 78750 Office Hours M-F 8:30am - 4:30pm 512.244.6060 • Fax 512.244.6218 jeff.martin@txiada.org

Volume XVIII

/ Issue 5

/ M a y 2 018

texasDealer

4 Officers’ Message

contents

by Juan Sabillón, TIADA President Elect

6 Board of Directors Meeting Minutes 8 On The Cover: GPS Trackers Continue to Evolve

by Michael Spurlin

19 Mississippi Cracks Down on Title Washing

by Amber Hackett Crosby

22 News & Notes 24 TIADA Annual Conference and Expo 31 Legal Corner: Use of Electronic Tracking and Disabling Devices Raises Legal Issues

by Michael W. Dunagan

32 Upcoming Events 33 Local Chapters 37 MOBILE… Not Just Another Buzz Word!

by Owen Moon

39 INDEPAC Donation Form 40 Go from Deal Taker to Deal Maker in 5 Steps

by Shawn Foster

43 New Members 44 2018 Auction App Directory 46 Behind the Wheel

by Jeff Martin

Registration Now Open for 2018 Conference!

Dealers can now register for the TIADA Annual Conference & Expo.

This year the conference takes place at the legendary Hilton Anatole in Dallas July 29–31, 2018. In addition to the new location, we have expanded our legendary expo hall. That’s right, the largest dealer expo in Texas just got bigger! There will also be more networking opportunities and even more of the world-class education for dealers.

Go to www.tiadaannualconference.com to sign up today!

The Editor of the Texas Dealer magazine is Michael Spurlin, Social and Communications Director of TIADA. To change your address for subscription and/or for other TIADA products, call the TIADA state office at 512.244.6060 or fax 512.244.6218. E-mail: info@txiada.org. New Membership/Subscriptions: If you are a member of TIADA, you may receive this magazine free of charge. Membership year runs from Jan 1 to Dec 31. Back issues are available for $20 each subject to availability. Send a check or money order, along with your name and mailing address to TEXAS DEALER, Attn: Back Issues, 9951 Anderson Mill Rd., Suite 101, Austin, TX 78750. Sorry, no billing. Notice to all members concerning services and products: TIADA was established in 1944 to develop professional standards of service and conduct for the independent auto industry. Opinions expressed herein are not necessarily those of the TIADA management, the Board of Directors or the membership. Likewise, the appearance of advertisers or their indemnifications of TIADA does not constitute endorsement of the products or services featured.

officers’ message

by Juan

Sabillón

What Is INDEPAC?

O

ne of the missions of the Texas Independent Automobile Dealers Association is to maintain a strong involved presence in the Texas Legislature to protect and preserve the used car industry. TIADA has been instrumental in promoting legislation at the state Capitol and maintaining a strong voice for the independent dealers. Our association, from the Legislative Committee to the TIADA staff, keep a watchful eye on potential legislation that could affect dealers.

One of the ways we are able to accomplish this is by maintaining close relationships with legislators on both sides of the aisle. A crucial component to maintaining these relationships is our political action committee, INDEPAC. During the 2016 election cycle, INDEPAC made campaign contributions to a number of legislators in both the Texas House and Senate. That year in particular dealers contributed over $35,000 to INDEPAC. This support across the political spectrum allows TIADA to ensure your voice is heard. It means that each legislative session, when dealers head to the Capitol for Lobby Day, lawmakers already know about the association and its goals. The dealers find more receptive and engaged legislators. This support also helps TIADA persuade lawmakers to attend events like the Annual Conference & Expo. Each year a number of legislators are eager to attend and hear directly from dealers like yourself about the issues affecting your small business.

Even if you have never attended one of these events, if you operate an independent dealership in Texas, you have benefitted from the advocacy that INDEPAC

Mi Tierra Auto Sales (Houston) TIADA PRESIDENT ELECT

makes possible. In the 2017 session, TIADA advocated for legislation that eliminated the annual registration and renewal fee for Related Finance Companies after the initial RFC registration. That is a savings of $600 annually!

Additionally, TIADA also effectively lobbied for the passage of a bill eliminating the OCCC notification requirement when a dealer charges less than the safe harbor limit of $150. This helps dealers avoid costly penalties that we have seen sometimes reach thousands of dollars. This legislation was able to pass because of the close relationships the association formed with lawmakers. These relationships often began and were strengthened as a result of support from INDEPAC. You can see how much savings these and other TIADA initiatives affect your dealership’s bottom line with the online INDEPAC Savings calculator at txiada.org under RESOURCES, ADVOCACY. There you will also find a way to donate, or you can turn to page 39 to find a donation form.

Just fill it out and mail it to TIADA with your contribution!

We are fighting for the interests of dealers across the state, and it is critical that INDEPAC receives support from dealers like you. Only together can we present a strong voice to the Texas Legislature to protect our industry and help it grow. With another election coming this fall, we need your support to further strengthen our relationships with legislators and cultivate new ones with those lawmakers heading to the Capitol for the first time.

So don’t wait, make your contribution to INDEPAC today! Compared to the benefits you will receive, it is one of the best ways to spend your money!

... if you operate an independent dealership in Texas, you have benefitted from the advocacy that INDEPAC makes possible.

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board of directors meeting minutes April 16, 2018 | Hyatt Place Austin Airport

compiled by Texas Dealer staff

Members Present

Vicki Davis, Eddie Hale, Paul Scott, Robert Beck, Greg Zak, Kathrine Tolsch, Greg Reine, Robert Blankenship, Armando Villarreal, Mark Jones, Juan Sabillon, Ryan Winkelmann At its meeting on Monday, April 16, 2018, TIADA took the following actions: President Greg Zak called the meeting to order at 12:06 PM.

Minutes of Last Meeting

Secretary Robert Beck presented the minutes of the last Board of Directors Meeting.

A motion was made to accept the minutes as amended.

Moved by Eddie Hale, seconded by Kathrine Tolsch – PASSED

Treasurer’s Report

Treasurer Mark Jones presented the Treasurer’s report. He included discussion of the Budget and Finance Committee’s meeting, in which the committee considered the TIADA Reserve and Investment Policy. The committee also evaluated options to refinance the mortgage on the TIADA state office building.

A motion was made to accept the report.

Moved by Vicki Davis, seconded by Armando Villarreal – PASSED

President’s Report

Greg Zak reported that the education ad hoc committee met on February 15. On behalf of NIADA Robert Beck and Greg Zak attended U.S. Small Business Association roundtable meetings in San Antonio and Houston, respectively. During the meetings they proposed removing the requirement that an RFC file a Form 1099 C.

Executive Director’s Report

Executive Director Jeff Martin announced that local chapters have by and large benefitted from the unified dues structure. The IDEA program continues to develop. Both OCCC and TXDMV are under Sunset Commission review. As a stakeholder, TIADA continues to participate in the review process.

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Special Projects Manager Teresa Orkun updated the board on membership renewals and acquisitions.

Board Member Ryan Winkelmann reported on his attendance at the Central United States Toll Interoperability Commission meeting in Sugar Land.

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Mark Jones provided a FY18 budget update. He also presented the proposed FY19 budget.

Moved by Eddie Hale, seconded by Robert Blankenship – PASSED

Teresa Orkun presented an update on the VIP auction app.

A motion was made to refinance the mortgage on the TIADA office building, located at 9951 Anderson Mill Road, Austin, Texas, into a 15-year fixed rate term loan.

Director of Associate Member Relations Patty Huber reported that DealerSocket will no longer participate in the business partner program. She announced that the NIADA CPO program has 16 dealers participating to date.

Jeff Martin updated the board on the 2018 annual conference preparations.

Old Business

A motion was made to amend the TIADA Reserve and Investment Policy under Guideline #2 to read ‘no more than 75% of the reserve account may be maintained in a bond fund or long-term (12 month or longer) certificate of deposit’.

Moved by Juan Sabillon, seconded by Greg Reine – PASSED A motion was made to invest up to 75% of the reserve account in an investment that is approved by threefourths of the TIADA Board of Directors.

Moved by Vicki Davis, seconded by Eddie Hale – PASSED A motion was made to amend the TIADA Reserve and Investment Policy under Guideline #6 to add “annual” to the review provision.

Moved by Robert Beck, seconded by Eddie Hale – PASSED A motion was made to adjourn the meeting.

Moved by Mark Jones, seconded by Greg Reine – PASSED Meeting adjourned at 4:52 PM. A complete copy of any reports referenced in this document and more detailed notes from the meeting are on file at the TIADA office and available upon request.

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on the cover

by Michael Spurlin Texas Dealer Editor

G P S T r a c k e r s

F

C o n t i n u e To E v o l v e

or dealers operating in the buy-here, pay-here space, or anyone financing a vehicle, the reality of the business is that there is always a risk a customer will fall behind or begin missing their payments. Creditors know that in these situations, they may eventually have to initiate the repossession of the vehicle. Unfortunately,

8

finding the vehicle is not always the easiest task. That is why the use of GPS tracking devices to mitigate these risks have been widely used since the technology became available nearly two decades ago.

“The technology is a game changer,” said Mark Brown of Red Carpet Auto Sales. “It helps us find our collateral.”

This assistance is crucial because customers behind on their payments, understandably, may not have been providing dealers the most up to date information.

“When our customers come in and fill out an application, they will provide their correct cell phone number and address but (cont’d on pg. 11) T e x a s

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GPS Trackers Continue to Evolve (cont’d from pg. 8)

three months later, everything has changed,” explained Chris Knox of Auto Center of Texas. “They don’t call and update their information.”

Despite being used widely, as many GPS providers told Texas Dealer, the technology and capabilities of the products are changing faster than ever, providing dealers with a variety of new tools to not only help them locate vehicles, but improve how they operate their dealership and serve their customers.

From Payment Reminders To GPS And Back Again

The forefathers of the modern GPS trackers first appeared decades ago in the form of payment reminder devices. Jeff Karg is the Director of Marketing & Communications for PassTime, a company that has been in this business for 25 years, including this crucial early period.

“PassTime created a payment assurance device in the late 1990’s,” Karg explained. “That device was designed to remind customers to make their car payments. We introduced our first GPS tracking devices shortly thereafter in the early 2000’s once the technology became commercially available.”

According to Karg, these GPS devices evolved in a similar way as other technology in the 21st century. As years progressed, the devices got smaller, more accurate and less expensive. Additionally, with each year the systems began offering more and more features, something that continues to this day. One of the most popular features right from the beginning included on many tracking devices was the ability to disable the starter of the car.

Reggie Ponsford is the CEO of the GPS provider Spireon and has worked in the industry for 20 years.

He remembers the development of some of these early GPS trackers

and their various features.

“In the early days, the only applications available were payment reminder devices,” Ponsford said.

“However, dealers really wanted to know where the vehicle was so they could get it back, and they wanted to be able to stop the vehicle. We began to build a device based on this need.”

Initially, Ponsford said that 95% of customers were using the disable feature. This lead him and others in the industry to a crucial insight.

“What we learned is that this hard stop, when a vehicle is disabled, was really a communication channel,” he said. “What they were trying to accomplish was to get the customer to call, so they could begin a negotiation or collect a payment.”

In an interesting twist, Ponsford said that the next big evolution drew on earlier technology, the payment reminders.

“So we started to build applications based on the needs of the

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dealers and lenders,” he said. “In addition to starter and GPS technology, we added a buzzer application that goes off, almost like an alarm clock on your phone. It establishes a relationship with the customer. Now, only about 10% of our customers buy an application with a starter interrupt device, and more people are using the buzzer.”

Ariad Sommer, CEO of GPS provider Ituran, has seen this shift in the 15 years he has worked both as a provider and a user of these systems at his own dealership.

“One of the biggest changes has been the move from solely a recovery based tool to a collections based tool,” Sommer said. “The old style of usage of GPS is to use the tracker to recover the car. Today, the GPS is used to also help protect the account and help better collect on the account before a recovery is even needed.”

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Sommers explained that a lot of this communication can be automated. This allows the dealers to decide when they want to notify the customers about payment. For dealers like Paul Scott of Fiesta Motors, this automation process is beneficial.

“We believe it takes some pressure off our collectors and account managers early in the delinquency cycle,” Scott said. “Because the first day or so the device is going to manage that payment cycle for you.”

Furthermore, Karg says the dealers who have used his company’s devices have remarked how the ability to communicate with customers this way has changed the entire dealer/customer relationship.

“If you have a customer that is getting behind in his payments, there is a tendency to avoid phone calls, to avoid talking to the dealer,” Karg said. “But with the reminders,

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it opens the lines of communications and changes the dynamic.

Dealers aren’t making outbound phone calls. Now the customer is actually calling the dealer in many instances.”

“The last thing we want to do is collect the car,” Scott said. “We want the customer to be successful.”

An Explosion Of Features

As the technology has advanced, these devices have developed more and more features that go beyond the tracking abilities. David Myer, the COO of the GPS provider Procon Analytics explained that technology has also made managing the devices easier as well.

“Dealers can simply login to the dashboard and everything they need is right there on the homepage,” Myer said. “They can view and access all GPS devices in their (cont’d on pg. 14)

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GPS Trackers Continue to Evolve (cont’d from pg. 12)

porfolio via the dashboard, regardless of GPS system provider. This eliminates the extremely cumbersome task of learning new systems, remembering multiple URLs and managing devices from many different providers.”

Additionally, the devices are offering services other than just aiding a dealer in collections. Brown described a feature offered by his GPS provider, and by many of the providers Texas Dealer spoke to, that notifies dealers when a vehicle enters an impound lot.

“They put a geo fence around the impound lot,” Brown explained. “As soon as your vehicle goes into one, you will know right away. It keeps the impound guys honest. You actually know when it was picked up.

Before, every time I got a letter, it seemed like it cost $500 to get out.”

Some of the newest features, according to Ponsford, even allow the customers themselves to directly benefit from these tracking devices.

“We are incorporating a consumer app,” he said.

“Now the dealer can allow the customer to have an app themselves. They can locate their car or establish speed thresholds. It gives them access to cool features that a

typical buy-here, pay-here customer may not otherwise have access to. That helps the dealer in marketing and retaining customers.”

For those new to the business, or deciding to finally add these devices to their vehicles, what should they remember to help them make the best decision? Both the dealers and providers offered some important advice.

“The biggest thing to remember with these devices,” offered Knox, “is that you want to find a solid company that is on strong financial footing and will be around for some time. Because if they go under, and you can’t find your cars, you are sunk.”

The providers also stressed that the importance of working closely with them to truly understand how to use the systems, both to supplement their business and protect it.

“When you first start using this technology, you have to know who you are buying from and what all the features are,” Ponsford said. “There are so many that make you a better operator. Really put together a plan to use them and make sure your employees are aware of their responsibilities. We see a lot of dealers that are not utilizing all the tools. There is a lot of money to be saved if you are using all the tools.”

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“When a dealer is utilizing GPS technology, they are mitigating the risks to the portfolio,” Sommers said.

“They open themselves to a bigger window of customers, customers that they would not normally risk.”

While some of the dealers agreed this technology is helpful, they did stress it was not a silver bullet that should cause a dealer to abandon proper procedures and establishing a clear underwriting process. GPS technology can help mitigate some risks but not entirely eradicate those that come along with operating a buy-here, pay-here business.

“Don’t let it give you a false sense of security,” Knox said. “You still need to underwrite properly and get good customers. You still have to do business with good solid people.”

That advice was echoed by Scott.

“When people are out of work, they are out of work,” he said. “When they are sick and don’t have any money, they are sick and don’t have any money.

A GPS device isn’t going to change that. But it will reduce the time needed to find a vehicle if it becomes necessary.”

Those who have used them feel the benefits are vital.

“If you, as a lot of dealers do, put their life savings into these loans,” Brown cautioned, “buying one of these services is a small price to pay. That’s a lot of money to put into these cars to not be able to find them.”

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Mississippi Cracks Down on Title Washing

by Amber Hackett Crosby

TIADA Director of Education & Compliance

H

urricane Harvey wreaked havoc on Texas, and Hurricane Irma did the same throughout the Gulf Coast. Hundreds of thousands of new and used cars were left flooded. These cars have made their way across the country. In some situations, such vehicles can be salvaged and resold legally. Likewise, there are situations where such cars are resold without being salvaged. Unethical car owners or auto dealers could clean up such a vehicle, take it to another state, and resell it to an unsuspecting buyer.

For years, Mississippi was one of a handful of states where someone could legally “wash� a title. Someone could acquire a totaled (or flooded, or stolen) vehicle, rebuild it, pay $75 for an inspection, and then get a clear title.

Not anymore.

Mississippi passed a law in March that requires a branded title for salvaged vehicles. Senate Bill 2277

May 2018

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Auto dealers have long known that, when it comes to flooded vehicles, it may not be known for months that it has been in a flood unless an experienced mechanic inspects it.

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would prevent a clear title to a salvage vehicle. Before a branded title may be issued for a vehicle for which a salvage certificate of title has been issued, the applicant must mail in an application and have the vehicle visually inspected by the Mississippi Highway Patrol.

Before this law was passed, Mississippi and Kentucky were the only two states in the country without a branded title law for salvage vehicles. At least one Mississippi state lawmaker said that

Mississippi’s law is good for consumers because it will allow them to know that a vehicle had once had major hail damage or been in a flood, according to a report in the Clarion Ledger.

Andrew Caldecott, Executive Director for the Mississippi Independent Automobile Dealers Association, says that it took over two years to advance this legislation. Several stakeholders worked with MIADA, including the state’s franchise dealer association and

.

20

consumer finance groups.

“The Senate passed the bill first,” says Caldecott. “Before we made it to the House floor, the bill was heard in the [House] Transportation Committee, then the [House] Ways and Means Committee. Once it got to the floor, two hours and seven minutes of heated floor debate happened,” before final passage.

Rebuilding shops are a lucrative business in Mississippi, thanks to the previous law. It comes as no surprise that many rebuilders were some of Senate Bill 2277’s most stringent opponents.

“It’s really a bill that needed to be brought forth years ago, for the good of the industry and the consumer,” Caldecott said.

The bill is effective July 1, 2018.

Texas has long recognized the need to brand titles for vehicles that have sustained substantial damage and prevent certain vehicles from being operated on the road as a means of protecting consumers. Jeremiah Kuntz, Vehicle Titles and Registration Director for Texas Department of Motor Vehicles, shared that “In addition to issuing salvage and nonrepairable titles to qualifying vehicles and ensuring appropriate brands are recorded on titles, we recognize those title types and corresponding brands from other jurisdictions when the vehicles enter Texas.”

Auto dealers have long known that, when it comes to flooded vehicles, it may not be known for months that it has been in a flood unless an experienced mechanic inspects it. It can take that long for a vehicle to have visible rust from flood waters. If a vehicle has been declared a total loss or otherwise been “junked” by a jurisdiction, a vehicle history report may reveal this, or it may not. Thanks to SB 2277, there is one less state in which an unscrupulous seller can obtain a clear title to such a vehicle.

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May 2018

e-Tag Supplies —

In Stock for Immediate Shipment!

MOTO

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ETAIL

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SALES

REDITOR SELLER/C : ADDRESS ZIP: CITY, ST,

CONTR

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ge. ce Char le of the Finan ase the motor vehicding ve a part BUYER: PHONE: ents accor e to purch to recei R: act, I choos to make paym its right CO-B UYE and retain By signing this contr act. I agree do not. “your.” contr : . contract “you” or others es in this ADDRESS assign this is also shown below red to as even if the other charg r is refer The Seller may ZIP: Price” agreement e, and any CITY, ST, ” The Selle Selle r. .” The “CashFinance Charg promises in this Purchased “I” or “me. tiated with the the ced, l Sales Price red to as Use For Which nego PHONE: to keep all the “Tota the Amount Finan be refer as is agree I may , r(s) below or Household r New The Buye Percentage Rate t price is shown I agree to pay youn signs as a buyer respects.

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Trade-in( Year: Year:

s):

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ANNUAL TAGE PERCEN cost of my The RATEas a yearly rate. credit

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Financed Amountof credit provided nt

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on Total Sale purchaseof ent cost of my The totalwith down paym credit $

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purchased. vehicle being the motor interest in NT(S ) a security NPA YME Due I give you Date ED DOW owe you, DEF ERR or in the future charge of owe you Amount a late debt I now I will pay any other it is due, ses in it and days after my promi ct and all within 15 payment Charge. on this contra ce sts, owe entire I all ve my of the Finan lt, security intere p this To secure d of part do not recei Security: defau (1)Kee writing. get a refun t nonpayment, ge: If you ises in paym ent. so, I can NO.: Late Char n abou $ all prom sched uled . If I do ds.

STOCK put....... informatio % of the er to........

I owe early yment refun ment for deal........ the ........ and prepa pay all that refer to this docu Ask........ rce. ........ nt: I can uled date, I will ...............

DATE: to enfo Prepayme l Information: e the sched cult........

REDITOR: diffi........ full befor are........

SELLER/C ises........

Additiona repayment in .$ D prom........

ER : red ................ ................

FINANCE : Spo VIN NUMB ces) ken ADDRESS any requi servi ................

ANT AMO UNT ... $ ORT s, and ................

IMP sorie , ST, ZIP: ION OF ................ ........ acces CITY IZAT ........

ITEM YEAR ................ uding any ................ form. ........ER: ..$ e) ........ ........BUY PHONE: price: (Incl Color: ................

(2) R:abov box 1. Cash ................

UYE L .............. ment follow ing: CO-B(s) ment ....$ ................

MODE........ fied, the Downpay ................

2. Downpay ........: ........ .....$ RESS tions speci l:(3) Deferred ......... $ ........ payment ........ADD ................ r to the Mode ................ terms $and condi ZIP: Cash down LE MAKE ent (Refe VEHIC........ ................ ................ ................ under the E CITY, ST, ............ ........ downpaym ................ ................ase from you, VEHICL ................ $ Deferred ................ ) ................ ................ y purch........ ........ belowE: -in...........

Make: PRICE hereb 4.A.PHON ................ : I/We........ .... ........

(Optional) (St. & No.): Gross trade see Line to License NUMBER ........ ........ ........

G: SOLD........Year: ICLE “0” and by seller STOCK VEHBEIN ................ amounts.): - payoff tive, enter DEALER ........ ........ ........ THIS VEHICLE........ .. $ ge: ........Milea ........ TIES FOR -in (if nega ................ part of these No.: ........ ........ trade ........ keep Stock er may = net ............... .$ ................ WARsRAN ................ lf (Sell ................ payment ................ minu 2) my beha price (1 ................ ................

Total down others on of cash ............$ ................ ................ paid to .: balance ss ................ ................ V.I.Nany.................. amounts 3. Unpaid y) ........ regardle company.. including ance ance comp Services tive equit repairs charges insurs, r and insur to any (nega to Othe $ ff 4. ... y for paid payo ance paid Accessorie insur trade-in onsibilit insurance Options,or companies damage A. Net $ damage no resp ...mes physical TOTAL company of physical er assu $ rages with CE $ insurance B. Cost ... nal cove . The deal paid to CASH PRI of optio REPAIRS t insur ance C. Cost $ nal credi Gross FOR ANY cle. e $ .. .............. of optio Phone: COSTS vehi Allowanc ................

D. Cost .$ L PAY ALL nts about the ........................

Trade-in ................

Life anyeme YOU WIL comp .... ........ ........ ff $ ....... $ ance ................ oral stat ........................

-in Payo insur any ................

Disability Net Trade ................ to theof ........ $ ........To: .......... ........ ........Lien ance paid Show ............. nt agencies.. . ........ insur ........ r rnme ........ ........ ........ gove Bala nce $ E. Othe $ ................ ................ paid to ................ ............

Unp aid Pric e ial fees ................ ................ ................ ....... ........ ling s for F. Offic of Cash ................ ................ tory tax... hand ........ $ Addr ................ ........ess: the part the nt: rs for ................ er’s inven % of Amou ................ ................ .......... ........ to buye _ired by law.

Lienged G. Deal y of ................

Dealer's $ copal ................ ________ ................ a ada tration fees. requ for ............$ berchar and r taxes........ er's ntory Tax may er ................ ................ notice is ...... ........ : ser cargantid labo but deal $ e and/or regis ad deal ........ ........

Inve H. Othe se This ........ the the law, pued the ........ c licen Dated by % of parti es. Ask and una ................ ................ ns, rnment the period. ts. ____ required la ley, pero of title fee... usioer to by e exced ................

Tax ................ is not I. Gove $ , excl pued paynt____ erido por rage more righ anty certificate agreed aryerfee will fees......... requNo.: ................By: warr esStock State Sales ment rnment ación no the no e amoungación dealnabl you even Color: mentcove inspection ................ Quoted A docu anty J. Gove The docu duri ment rario vehicle ial fee.TY. may give ofdewarr fail d a reaso r.............. docu and rnment that de an offic RAN to deale hono ONion........ not exceeems anat rario ..... $ anties" is not ATI License Fees $ K. Gove . Un expl TED WAR fee mayredl.syst ce fee paid Un honofor full ORM ........ lied warr ary feeLIMI a venta on INF ........"imp ty servi Model: N: mentary oficia cove INuna con FULL ........ document (St. & No.): os nt Registrati therario e law, DEume L. Depu ionad la ley. stat Fee: A the sale. A docu License TRA doc relac e es un hono DURATIO anty Under : to mentary erida. por mentos $ requ ons Certificat ación no de docuwarr es Make M. Documents relating $ gati (4) ón ment ...

Fee icaciir obli docu de manejo docu Mileage: repa of Title s rario de Esta notif Year: purpose) (5) ... $ Un hono r como gasto las partes. ........ $ describe mentary $ ........

D: and Docu e: ........ compradoe acordada por ERE ** is paid (6) ................ Phon............... $ S COV for Fee ify who razonabl identTEM ................ ........

V.I.N.: SYS (7) $ (Seller must ................ ................ for ............. r charges ................ ................ ................

N. Othe sed ........ sed ........ asses ......... $ ff To: .......... ........ ge isPayo ge is asses ................ to ce Char ce Char ................ ........ $ Finan ........

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Plus Itemi Total Itemi ce Char ................ athirdpartyorgovern oftheinsurance,service Balance $ TAL ................ h No Finan Unpaid ................

Seller to SUB-TO than $ retainparts ................

5. Total insurer By: (Upon Whic ................tion fee will be paid by theSellermayalso nt not more have. The ................

Quoted loss.

Sales Tax ................ inspec Seller and I already damage ornot been ctible amou 6. Total (5 + 6) ........ ered of has Sales Tax) agencies. Any statefee will be retained by $ of insura in:nce with a dedu Financed e proof trade ment in the eventtime andATION OF Cash Tend ssed Upon service : nt I owe, or provid to any 7. Amount the policy ing at this (Not Asse paid by Seller to govern fee and deputy Good Until e I want regaberdpaid under in the amou TO entary anyon has not eter is workTHE ITEMIZ andSED Charge with will be ge or loss nce from ants CAU IN 8. Financefee, and license fee inspection fee. Docum person to . The odom company st dama DUE $ the rty anceAGE and warr ts insura ED prope youis as ed again insur stated aboveINCLUDED byTY ge.

DAM as TOTAL an esen name obtain insur Taxes, title retain $7.00 of each dama ge le repr may r FINANC IS teral PER ed to flood airab will ct. Ihase ed nce. I mustl milea the colla PRO Purc or unrep the Seller this contra expos law, You rty insura and actua INSURANCE loss AND byfigur I must keep Rate. ired a total not been owe under proof of prope URY 1. The trueBIL H SALE to red ntage ctnot INJ RANCE: not requce CAS and has ced. ITY been rende all that I you Perce subje is may ILY al title, paid repla fee LIA INSU give to TY balan ary fee ce subje ctils as I have red or FOR the Annuaryprinc has notBODreconditioned ipal ment . I agree PROPER nce until RGErepai sameAasdocument balanfor deta GEleFOR The vehic ipalAsk n of theA docu be the 2. ERA al fee. ess in Texas rebuilt/or this insura law.

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news & notes

Happenings in the Industry…

compiled by Texas Dealer staff

REPAY Acquires PayMaxx Pro

R

ealtime Electronic Payments, REPAY, has acquired electronic payments provider PayMaxx Pro. In a press release, REPAY said both companies will benefit from shared resources and cutting-edge technology. REPAY will also continue to invest in the consumer finance and automotive industries.

“This acquisition expands our footprint in the automotive industry and broadens our software integration capabilities, enabling us to better serve our existing and prospective customers,” said John Morris, Chief Executive Officer of REPAY. “ProMaxx Pro’s people will bring a wealth of knowledge and expertise, and we look forward to welcoming Megan Bussie, Jon Leedom and their team to the REPAY family,” added Morris.

“REPAY was the obvious choice when selecting a group that had the resources, knowledge and commitment to continue the growth of PayMaxx Pro. They will build upon the products and services that will enhance our clients’ business operations,” said Chris Leedom, CEO of PayMaxx Pro.

TIADA Partners with NIADA CPO Program

T

IADA is partnering with NIADA in the promotion of its CPO Program. This program is the only third-party certified pre-owned program designed for independent auto dealerships.

The NIADA CPO program is backed by Warrantech, an A-rated warranty, third party administrator and leader in the auto industry. They also manage the GM, Volvo and Chrysler CPO programs. With their strong financial position and expertise within the CPO market, the NIADA CPO program represents a best-in-class offering for TIADA members to take advantage of.

To learn more go to www.NIADAcertified.com/ dealers or call 1-800-385-2655.

22

“This acquisition expands our footprint in the automotive industry and broadens our software integration capabilities, enabling us to better serve our existing and prospective customers.”

John Morris, Chief Executive Officer REPAY

TIADA Auction App Brings More Value with Big Valley AA Online Coupon

L

ast month, Big Valley Auto Auction in Donna, TX partnered with TIADA to launch the first online coupon through the new TIADA Auction App. “We couldn’t be more excited about the new online coupon. Dealers have asked for this since we launched the app,” stated TIADA Executive Director Jeff Martin.

Prior to now, members could only redeem the $200 coupons through the app if they were onsite at the auction. Almost 25% of the TIADA dealer members have already downloaded the new Auction App, and members have saved over $5000 in auction fees. The coupons are good for one year so dealer members who have not used their coupons still have time. See page 23 for more information on how to download the app and start using the coupons today!

T e x a s

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May 2018

Have you downloaded the new

TIADA Auction App yet?

Same great savings in the convenience of a mobile app!

Never worry about losing or forgetting your card again!

FREE buy/sell fees up to $200 at participating locations.

More than 40 auctions across the state

How to download and register: Android Users

Apple Users

1. Search “TXIADA” in the Google Play Store 2. Open the app, scroll down to CREATE ACCOUNT 3. Fill in ALL the fields and select DONE when finished

1. Go to the App Store and search “IADA” 2. Download and open the app 3. Select “Membership Rewards” 4. Select “Texas — TIADA” 5. Scroll down to “CREATE ACCOUNT” and fill in all the fields. Select DONE button when finished.

After you have created an account, TIADA will verify your membership and email that your app is ready to use!

FEATURED

Presenters

BHPH

SPECIAL FINANCE

MANAGEMENT

JIM RHOADS

JOE KEADLE

LISA COPELAND

MAXIMIZING VALUE ON YOUR FEET

THE ART OF THE BIG SELL

FOUNDER/CEO BHPH CONSULTING

TRACKING AND IMPROVING BHPH PORTFOLIO PERFORMANCE

CHIEF OPERATING OFFICER AUTOMOTIVE FINANCE CORPORATION

CEO AND FOUNDER LISA COPELAND GLOBAL ENTERPRISES

NEW ThisYear OUTSIDE THE BOX EDUCATION SESSIONS OUTSIDE THE BOX education will be in the Expo Hall giving dealers a chance to engage on a whole other level in a free-flowing, open space environment.

Sessions include:

Toll Tag Account - ability

JULY 29–31, 2018 HILTON ANATOLE HOTEL DALL AS, TEXAS

The best dealers in Texas, the best education anywhere.

COMPLIANCE

TECHNOLOGY

You now have the ability to correct those pesky toll charges generated from fraudulent temporary tags.

Come check out the new TIADA Toll Tag Portal that will put you in the driver’s seat.

Spotting Document Fraud From fake IDs to counterfeit pay stubs to fabricated utility bills, dealers have seen it all. Officers from the Houston Police Department’s Vehicle Fraud Unit will lead a handson presentation. Learn from experts to spot fraudulent documents and IDs before you write the deal.

Identifying Frame Damage This highly interactive workshop will allow you to inspect vehicles and learn exactly how to spot the most commonly overlooked types of damage.

Walkaround Competition Who will be crowned best salesperson in Texas?

Some of the top sales people will demonstrate their ability. The winner receives COLD HARD CASH. Come watch or participate, but don’t miss it!

Auto Reconditioning Learn exactly what it takes to turn a dirty, dull vehicle into a front line ready vehicle with this workshop.

HUFFMAN LEWIS FINANCIAL EXAMINER OFFICER OF CONSUMER CREDIT COMMISSIONER

DEAL JACKET REVIEW

PA U L JOHNSON DIRECTOR OF SALES AND OPERATIONS TEXTMAXX PRO

THE POWER OF TEXTING: IT’S NOT JUST FOR SALES

Expert Panels Three separate panels featuring 12 industry pros offering expert advice!

Dealer Roundtables Back after a brief hiatus, these discussions are held BY dealers FOR dealers!

OUR

TO

CURRENT

thank you

P L A T I N U M

G O L D

S P O N S O R S H I P & E X H I B I T I N G O P P O R T U N I T I E S A R E S T I L L AVA I L A B L E .

26

T e x a s

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May 2018

SPONSORS S I L V E R

S P E C I A L T Y

Alliance Auto Auctions – Monday WIFI CP Insurance Associates – Special Membership PrimaLend Capital Partners – Meeting Digital Signage Randi Long Insurance – Welcome Reception Autonation – Meeting Directional Signage TradeRev – Dealer Excursion V12Software – Lanyards ACV Auctions – Monday Happy Hour Fergus Capital LLC – Monday Happy Hour Adesa – Hotel Keycard InterActive Financial Marketing Group – Guest Room Mirror Cling Decal B R O N Z E 700 Credit

A N D

C O P P E R

Advantage GPS by Procon Analytics

Alpha Warranty Services

American Risk Services

Auto Master Systems, Inc. BHPH Consulting, LLC Calldrip

MicroBilt

AutoManager Inc.

NextGear Capital

Preferred Dealer Solutions

CARFAX

Sterling Credit Corporation

United Acceptance, INC.

Wholesale Inc. Direct

Calhoun Law Firm, PLLC

vAuto

CARFAX

DealerSocket Lane Gorman Trubitt, LLC

Passtime GPS

San Antonio Auto Auction

Texas Lone Star Auto Auction–Lubbock

TrueCar

AutoZoom

DealerCenter

Ignite Consulting Partners RouteOne

AUL Corp.

CarMax Auctions

Odenza Marketing Group

Rice-Christ, Inc.

Shilson Goldberg Cheung & Associates LLP Tri State Dealer Services

IAA

Alamo Financial

AutoTrader

Buckeye Dealership Consulting

Dealer Market Exchange PR LLC

Floorplan Xpress, LLC

TEI Insurance Agency, Inc.

AGORA Data, Inc.

Auction123, an ARI Company

Car Care Promotions–MyCarCarPlan.com

D & G Quality Roofing, Inc. Podium

AutoAction

Big Valley Auto Auction

Corpus Christi Auto Auction Lobel Financial

AFC

PaymentVision SDA, INC.

Tax Refund Services Tax Max The Innovate Companies Westlake Financial Services

Williams & Stazzone Insurance Agency, Inc.

C O N TA C T PAT T Y H U B E R AT PAT T Y. H U B E R @ T X I A D A . O R G / 5 1 2 . 3 1 0 . 9 7 9 5 May 2018

T e x a s

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27

2018 TIADA Annual Conference & Expo July 29-31, 2018 Hilton Anatole Hotel – Dallas, TX Customize your conference experience by selecting from the options below. Please complete the registration form and return it with payment in full to the address listed or for online registration, go to www.TiadaAnnualConference.com.

CONFERENCE OPTIONS

EARLY BIRD RATE through June 29th

Register by June 29th,

Full Conference Pass—Dealers Only (includes Welcome Reception, Monday & Tuesday Education /Sessions, Expo Hall, Luncheon & Awards Dinner) 1st Registrant 2nd Registrant* 3rd + additional Registrant*

One-Day Dealer Pass (select Monday, July 30 or Tuesday, July 31 (Monday Pass includes General Session, Learning Tracks and Expo Hall) (Tuesday Pass includes Expo Hall, Learning Tracks, Luncheon, Excursions)

Save $100 per attendee. $595 $495 $395

$495 $395 $295

$300 $400 non-members

Expo Hall Only Dealer Pass

$149

(includes Expo Hall Activities)

Non-Member (Dealers only) TADA and out-of-state IADA members are eligible for TIADA member rate (coupon code required)

$895 $795 (except as noted)

Awards Dinner Tickets Additional tickets many be purchased in conjunction with a dealer full conference pass* for your guest(s), spouse or children (10 & older); under 9 FREE.

$50

* one dinner ticket included

Special Membership Ticket—Win $10,000 Each $100 membership donation enters you in the $10,000 drawing to be held at the Conference. You need not be present to win!

$100/each

Sponsored by CP Insurance Associates *Registrants must be from same dealership to receive discounted rate

Discounted guestrooms are available for $180/night plus $8 discounted resort fee for TIADA Conference attendees.

Please contact the hotel directly to book your room. Must be reserved on or before June 29th to receive discounted rate.

Hilton Anatole Hotel / 2201 N. Stemmons Frwy / Dallas, TX 75207 Call 214.748.1200 or book online TiadaAnnualConference.com/hilton-anatole.com

Dealership: ______________________________________________________ Phone: ___________________ Address: ________________________________________________City/ST/Zip: ______________________  1st REGISTRANT

 FIRST TIME ATTENDEE

 Primarily BHPH Dealer

 Primarily Retail Dealer

Name: ____________________________________Name for Badge: ________________________Title: _______________________ Email: _______________________________________________  FULL CONFERENCE ($495 early bird through June 29th $595 standard)  ONE DAY PASS- Monday ($300)  ONE DAY PASS- Tuesday ($300)  EXPO HALL ONLY PASS ($149 x ____)  Addt’l. Awards Dinner Ticket (10 & older) ($50 x ____)  Addt’l. Awards Dinner Ticket FREE (Child 9&under) ($0 x ____)  TIADA Special Membership Tickets ($100 x ____)

 2nd REGISTRANT

$___________ $___________ $___________ $___________ 1st Registrant Subtotal $__________

 FIRST TIME ATTENDEE

Name: ____________________________________Name for Badge: ________________________Title: _______________________ Email: _______________________________________________  FULL CONFERENCE ($395 early bird through June 29th $495 standard)  ONE DAY PASS- Monday ($300)  ONE DAY PASS- Tuesday ($300)  EXPO HALL ONLY PASS ($149 x ____)  Addt’l. Awards Dinner Ticket (10 & older) ($50 x ____)  Addt’l. Awards Dinner Ticket FREE (Child 9&under) ($0 x ____)  TIADA Special Membership Tickets ($100 x ____)

 3rd REGISTRANT

$___________ $___________ $___________ $___________ 2nd Registrant Subtotal $__________

 FIRST TIME ATTENDEE

Name: ____________________________________Name for Badge: ________________________Title: _______________________ Email: _______________________________________________  FULL CONFERENCE ($295 early bird through June 29th $395 standard)  ONE DAY PASS- Monday ($300)  ONE DAY PASS- Tuesday ($300)  EXPO HALL ONLY PASS ($149 x ____)  Addt’l. Awards Dinner Ticket (10 & older) ($50 x ____)  Addt’l. Awards Dinner Ticket FREE (Child 9&under) ($0 x ____)  TIADA Special Membership Tickets ($100 x ____)

Payment Information  Make check payable to TIADA.

$___________ $___________ $___________ $___________ 3rd Registrant Subtotal $__________

Total Amount Due $ ____________

 TIADA is hereby authorized to execute payment to the following credit card:

Credit Card Number _________________________________________________Exp. Date ____________

 AMEX

 Visa

 MC

 Discover

SVC _________

Name on Card _________________________________________ Authorized Signature __________________________________________ For additional dealer registrants, please call us at 512.244.6060.

For more information or to register online: www.TiadaAnnualConference.com TIADA | 9951 Anderson Mill Rd, Suite 101; Austin, TX 78750 | Phone 512.244.6060 | FAX 512.244.6218 | conference@txiada.org

Special Thanks to our

2018 INDEPAC Contributors (as of March 31, 2018)

$1,000 -$1,999

$500-$999 Jeff Atchison Tommy Gregory

Juan Sabillón

$250-$499 Mark Jones Kathrine Tolsch

$100-$249

$10-$99

John Freeman Keith Hagler Sonny Paredez

Debra Hayden Carleton Heller Byron Riley Tommy Wittrock

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legal corner

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Use of Electronic Tracking and Disabling Devices Raises Legal Issues

ack in 2010, a disgruntled fired employee of an Austin buy-here, pay-here dealership used a former colleague’s password to log onto the site of the dealer’s GPS provider. He accessed the dealer’s account and, according to police, created havoc among over 100 customers by activating remote shut-off devices and setting off car horns (the devices were designed to enable remote activation of horns to assist repossession agents in locating cars). Some customers were stranded away from their homes, or unable to get to work, and had to have vehicles towed because of the electronic sabotage. Others had to disconnect their batteries to shut off their horns and to keep their batteries from draining.

This story, which garnered national press attention and no doubt caused the dealer expense, down time and major headaches, demonstrated just one of the many legal issues that go along with the use of modern technology by dealers and other car creditors.

This technology has made it possible to not only track and pin-point the whereabouts of a vehicle at any given time, but also to disable the ignition system from a remote location. The price of such devices has come down to the point that many car creditors can afford to use them in collections and repossessions.

There are, however, a number of legal issues that are raised by the use of these devices. As is the case in most new technology, regulatory and statutory attention soon are attracted to the use of such devices.

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There has been little legislation or regulation enacted in Texas, but some other states have already gotten involved in the process, and it would not be unreasonable to assume that Texas one day may follow suit.

Additionally, as use of GPS-based devices becomes better known to the public, resistance to their use, and in some cases, unauthorized removal, have occurred. We’ve heard multiple reports that some repair shops and vehicle-related electronics businesses are offering to disconnect or remove tracking and payment-monitoring devices. Many car creditors have reported that their devices went offline after last pinging at a repair shop.

Media attention to the use of GPS devices by car creditors has increased. The New York Times in 2014 ran an article about the use of remote disabling devices by subprime car creditors and some of the horror stories related by consumers whose vehicles were shut down at inopportune times. The story was picked up in papers across the country and other publications have added their own take on the issue.

Government scrutiny has also increased. Last year it was announced that the U.S. Federal Trade

by Michael

Dunagan

W.

TIADA GENERAL COUNSEL

Last year it was announced that the U.S. Federal Trade Commission was investigating whether use of tracking devices and remote kill switches unfairly violate a debtor’s privacy rights.

Commission was investigating whether use of tracking devices and remote kill switches unfairly violate a debtor’s privacy rights. Credit Acceptance Corp. and DriveTime Automotive Group announced that they had received civil investigative demands asking for information about “policies, practices and procedures” related to GPS devices.

Santander Consumer USA Holdings Inc., one of the largest subprime vehicle finance companies in the country, announced that it had decided not to use GPS-tracking and ignition kill switches, and will instead rely on methods of locating cars involving “less regulatory risk.”

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These recent developments should serve as motivation for dealers and other sub-prime car creditors to review their practices and procedures with regard to GPS devices and to make sure that they are in in compliance with laws and regulations.

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Shut-off Devices

The electronic shut-off device is described as a device that can be installed in a motor vehicle in the ignition system that contains a key pad and light warning system.

When the debtor makes a payment, the car creditor can give a code to the debtor that, when downloaded into the system, causes a green light to come on and allows the vehicle to be operated. If a pre-designated period of time passes without payment being made, and a proper code entered into the system, the light turns red, a buzzer sounds and the ignition system is disabled. A series of blinking lights typically advises the driver as to the number of days left before the vehicle will not start.

The system is designed to disable the ignition only when the vehicle is not being operated, thus preventing the vehicle from being started, but not to cause it to quit operating while the engine is running. The lien holder also has emergency codes which can be used to start the vehicle.

There are also GPS-based devices that allow whoever is in control of the programming to shut down a vehicle instantaneously, independent of any type of payment-prompt or key-punch pad.

The use of the shut-off system is a form of constructive repossession that allows the creditor to prevent a defaulting debtor from restarting, and thus using, the vehicle. As such, it is probably authorized under the general repossession rights granted to secured creditors in the Uniform Commercial Code (the Texas version is the Texas Business and Commerce Code). The interjection of advanced electronic equipment into the repossession process was

probably not contemplated by the drafters of the repossession provisions of the UCC, so we don’t have any specific provisions to look to for guidance. There are no court cases that indicate that use of such a device, in the absence of statutory prohibition, and when the debtor gives specific permission, would be prohibited.

It appears that the greatest potential threat of liability for a car creditor using a shut-off device is the possibility that an accident or injury will be blamed on the device.

This was the basis of claims made in several suits filed against a dealer a number of years ago in a highly publicized case in Detroit (other claims were based on over-charging and misrepresentation of the quality of the vehicle sold, claims unrelated to the device). The fear is that a vehicle with a device installed in it will break down, resulting in an accident. Any time a device is placed in the ignition system, there is the potential for it being blamed should the engine fail while driving.

Creditor liability could be based on an actual failure of the device or improper installation that causes it to malfunction. Also, the device might be an easy target for a general failure of the engine which has nothing to do with the ignition system.

One risk of potential liability was recently highlighted by the allegations against General Motors that defective ignition switches purportedly caused fatal accidents by shutting down the engines of vehicles without warning.

In an actual case involving a Texas dealer, a fire erupted in the engine compartment of a vehicle upon which a shut-off device had just been installed. In addition to destroying the debtor’s vehicle, the fire resulted in damage to vehicles parked on either side. Of course, claims were immediately made against the dealer based on alleged negligent installation of the device. And the fire marshal who T e x a s

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investigated the fire ruled that an improperly installed shut-off device caused the fire. It doesn’t take an over-active imagination to extend this fact situation to a scenario in which the vehicle stalls on a freeway and is rear-ended by an 18-wheeler, or the vehicle stops on the tracks at a railroad crossing just as a freight train passes. The issue of whether the vehicle failure was caused by the device, or its installation, would likely result in costly and extended litigation, involving testing laboratories and expert witnesses.

To minimize potential liability of this type, a formal installation protocol should be established, with the work done only by authorized personnel. We would also recommend that an audit be performed of the car creditor’s garage liability and/or general liability insurance to establish that any claims resulting from an alleged malfunction of the device be covered.

Given the amount of potential damages in injury suits, and the extra potential liability created by the use of these devices, car creditors might desire to obtain umbrella coverage (for liability that exceeds the limits of the policies), which can usually be obtained from the car creditor’s own agent at reasonable cost.

If the shut-off devices used by car creditors also provide locating capabilities, issues involving the privacy rights of debtors (discussed with regard to tracking devices below) might arise. Because of the possibility of malicious use of the systems’ capabilities, and the potential for abuse, such as in the Austin case referenced above, we would recommend that access to the systems and passwords be limited to key personnel, and that passwords be changed when employees leave.

Shut-off Devices and the Bankruptcy Stay

The Bankruptcy Code prohibits creditors from taking any action,

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without court permission, to collect a debt, including repossessing collateral, when the debtor files bankruptcy. Given the high percentage of bankruptcies filed by debtors who fall within the sub-prime credit risk category, it’s inevitable that many vehicles carrying shut-off devices will be involved in consumer bankruptcies.

If the use of a shut-off device to disable a vehicle amounts to repossession as discussed above, then it follows that the disabling of a vehicle while the debtor is subject to the bankruptcy stay would be a violation of the stay, subjecting the creditor to sanctions. In a case from the U.S. Bankruptcy Court in the Eastern District of Arkansas, this issue was raised by a debtor whose vehicle kept shutting down. The dealer was fined heavily despite his protestations in court that he didn’t intentionally cause the device to disable the vehicle.

Tracking Devices

The ability to locate the vehicle of a defaulting debtor using a satellite tracking device is a very valuable tool for car creditors, especially in the sub-prime context.

It also raises the specter of “Big Brother” with all the attendant implications of possible invasion of individuals’ rights to privacy.

As the result of a highly publicized case in Dallas involving the tracking of a school district employee by a private detective, a law was passed by the Texas Legislature that prohibits the placement of “homing” devices on vehicles without the owner’s permission (Sec. 16.06, Texas Penal Code).

Obtaining the owner’s permission is thus absolutely necessary when a device is used that allows tracking a vehicle’s location.

The Office of Consumer Credit Commissioner has taken the position that holders of seller-finance

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licenses must obtain signed disclosure/authorization forms when GPS-based devices are used.

A written authorization for the use of a shut-off device and/or tracking device, in order to be enforceable, would need to be clear and unambiguous, and presented to the debtor in a format that doesn’t hide or obscure the contents. For example, a simple statement that a theft-prevention device is on the vehicle is probably not adequate to put the debtor on notice of the presence of a tracking device. Also, burying the disclosure and authorization language in the fine print on the contract or a related document would give rise to the issue of adequacy of the information.

On the positive side of the proliferation of GPS-based devices used by car creditors are stories about the use of location devices to find not only stolen cars, but also precious cargo. In a recent incident in Dallas, a child who was left in a vehicle that was stolen, was found and reunited to a distraught parent after the dealer was able to direct police to the abandoned vehicle.

Ownership and Cost

Some car creditors have been tempted to add the cost of electronic

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collection and repossession devices in the retail installment contract as an “other charge.” The OCCC has warned that this is not a proper charge, and has ordered car creditors who added such a charge to contracts to refund the charges with interest.

Assuming that the creditor would want the equipment back upon full payment for the vehicle, the contract should provide that the device is the property of the creditor and will be removed at the expense of the creditor upon completion of the contract obligations by the debtor.

Another consideration for car creditors using GPS devices is the state sales tax liability for the cost of the devices and for air-time charges.

The Texas Comptroller’s Office has ruled that the charges are taxable, and that the creditor who purchases the devices and air-time is liable for sales tax on the charges.

What about the customers who remove, or have the devices removed from their vehicles or otherwise disable the devices? An argument could be made that such an action is a violation of Section 32.33 of the Texas Penal Code, often referred to as “Hindering a Secured Creditor.” While removing or disabling a GPS device would

probably fall under one of the prohibited actions listed in the law, it has historically been difficult for car creditors to get law enforcement officials to take action against debtors (see Seeking Criminal Sanctions for Debtors in the November, 2014 Texas Dealer).

Control should be exercised over which employees have access to GPS information, and individual passwords should be used. Passwords should be cancelled upon an employee’s departure. Rules should be established over when and how GPS information can be accessed to avoid unnecessary intrusions into a debtor’s privacy rights.

In conclusion, the use of electronic collection and repossession devices is not prohibited in Texas, but care should be exercised in their installation and use, and proper disclosure and authorization forms should be used.

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 40 years. He has written a number of books and hundreds of articles for trade journals and law reviews. His clientele includes dealers, banks, finance companies, auto auctions and credit unions.

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feature

MOBILE… Not Just Another Buzz Word!

FeaturedPresenter

by Owen Moon CEO, Dealer Accelerator Co-Founder, FixedOpsDigital.com

T

oday we have some of the sharpest minds in the country working in the auto industry. From dealership personnel who are on the front lines assisting car buyers to vendors who develop software that help dealerships be more efficient, there has never been an industry that relies so heavily on the talent and synergies of its people.

One thing this industry is also known for is their buzz words. A couple years ago it was all about Big Data.

Then came Responsive Web Design. At the latest Digital Dealer in Orlando the new buzz was all about Mobile.

But what exactly does Mobile mean? Not all mobile is created equal. Let’s break down just what Mobile actually means and why each area matters for a dealership to be successful.

Mobile Websites

With as much as 60% of all dealerships website traffic now coming from mobile devices, it’s more important than ever that a dealership has a mobile friendly version for their website. Whether it’s creating a separate website for mobile or having a responsive design that automatically changes whether a consumer is using a tablet or smart phone, a mobile friendly website will enhance the customer online shopping experience making it easy to navigate to inventory and connect with your sales team. Google has also made changes so if a dealership doesn’t have a mobile friendly website it will affect their organic search rank. Since these strategies are always changing it would be a good idea to consult with an SEO expert to make sure you are keeping your dealerships mobile website search engine friendly.

Mobile App (Dealership)

There are many companies out there today that develop mobile apps for car dealerships. While a mobile app can be a great way for a dealership to stay in touch with their customers, many are using them wrong. Since this technology is relatively new many dealerships are having their most recent customers sign up for their dealerships custom mobile app. Then they constantly market to these consumers with things like current rebates and incentives, vehicle specials, etc. Chances are that customer won’t be in the market to purchase another vehicle for 3-5 years.

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A 2013 study by Compuware said that 80-90% of consumers will uninstall a mobile app after just 2 uses.

So imagine how many of these new customers will uninstall the dealerships mobile app if they aren’t getting relevant notifications?

Instead, the dealership should send relevant notifications that a new customer would be interested in. Using the dealership mobile app for things like current service specials, special events, or any community events the dealership is involved with are all great things to promote using your dealerships mobile app.

Mobile App Marketing

Mobile usage is at an all-time high and continues to grow daily. In contrast, newspaper readership continues to decline. Consumers have turned to online sources to get their news, sports, financial advice, and lifestyle interest stories.

With more people now using smartphones, Mobile Apps is where these two intersections meet. Popular mobile apps like Accuweather, ESPN, Huffington Post, Facebook, etc. make the consumers mobile online experience easier and more efficient. The challenge for dealerships has always been how to reach in-market buyers using mobile apps.

By integrating GPS technology, dealerships can now use mobile apps to increase both sales and service revenue. By reaching serious car buyers when they are at specific locations like competitor stores or even in their homes, you can now put your competitive message in front of consumers when they are in the final moments of their buying cycle giving your dealership consideration to win the business.

Today mobile is not just a device, it’s a mindset. What used to be an emerging opportunity has become the new normal. So the next time you have a conversation about mobile ask yourself which area the conversation applies. Is it consumer experience or mobile marketing?

For almost 20 years, Owen Moon has partnered with dealerships to create both traditional and digital marketing strategies to help sell more cars and drive more service revenue. He has also authored articles for numerous industry publications and spoken at conferences across the country. He will be a featured presenter at the 2018 TIADA Annual Conference & Expo taking place from July 29-31 at the Hilton Anatole in Dallas, TX. 37

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feature

Go from Deal Taker to Deal Maker in 5 Steps

FeaturedPresenter

by Shawn Foster Executive Trainer, DealerStrong

A

s the auto industry continues to change daily, dealership strengths and weaknesses become apparent throughout. When the internet age was born, a shift in the management talent of store occurred.

A manager’s job, that used to only go to the strongest closer in the store, became a job that instead could be filled by someone with a lot less talent. If a new hire understood how to use a computer and were willing to work for less than the previous manager, they got the job, creating a new breed of desk and finance managers. By placing people who were better organized, computer literate, and in many cases more educated than the previous manager in management roles, dealers saved on compensation and loved it. At that time, what they didn’t see was that these perceived high value qualities, while appealing, weren’t enough because they lost the most important talent of all among dealership management. They lost the talent

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of making deals. Dealerships today need to work hard to bring back the Deal Makers.

As I travel the country working with dealers in an effort to improve their operations, deal making talent is without question the most prevalent missing talent in today’s management teams. It’s not that managers can’t be Deal Makers; they just have never been asked to be one or shown how. In many cases, today’s managers were groomed in a time when the auto industry was red hot, it wasn’t difficult to get deals done. If you were fortunate enough to have worked in a Honda or Toyota store, your day may have completely consisted of sitting at a desk and taking deals brought to you by the salespeople. Long gone are the days of multiple trips back to the sales desk getting coached by an expert on overcoming the customer’s objections. Those trips today usually include a copy of an invoice or a used vehicle market value printout in an effort T e x a s

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Introduce yourself to the customer at the start of the sales process, not the end.

For years we learned to make sure the customer meets a manager before they leave, that’s a Deal Taker. Today, Deal Makers meet the customer’s when they arrive. This will allow the customer to feel welcome, appreciated, and that their purchase is very important to the management of the store. Breaking down mental barriers is critical to the sales process succeeding. By making the customer feel important right away, you begin to chip away at the defense mechanisms they installed before arriving.

Track your data and know what it means!

It stuns me to meet dealers who not only don’t know what their data means, some don’t even track it. Deal Makers track data and monitor it regularly. How can you effectively manage your marketing, productivity, and opportunities without knowing who is coming to your store, how they are getting there, and what is happening when they do? By becoming a student of your data, you begin to know everything you need to in these areas by simply looking at the daily reports. Leads, appointments set, appointment shows, sales, and credit scores are all items that should be tracked daily. When you understand your data you can react to trends and make adjustments immediately.

Train your salespeople, daily!

Remember when you conducted sales training once a month, maybe once a week if you were good? Today’s Deal Makers do it daily. Fifteen to twenty minutes every day focused on a specific topic to help increase your sales. Everyone wants to be trained, but in the auto industry, we tend to pay someone else to do it. Rather than sit your team in front of a video for 1 hour, take 20 minutes each day and effectively attack current problems within your selling system. From customer qualification to handling a phone up, all are great topics that need addressed over and over again.

Hold everyone accountable, including yourself!

Deal Makers do not make special allowances for the top salespeople. Do some employees get favorable treatment and are not held to the same standard? If you do this, you

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are creating an environment of discontent. If you have a salesperson that is so good that they don’t need to be trained, have those salespeople help train instead. Many employees will learn by teaching as well as listening. Only Deal Takers make excuses for the top performers or even for themselves. Set some standard operating procedures and make them culture within your store. Your employees will respect the fact that everyone is on a level playing field.

Get out from your desk and go make it happen!

Make your presence known on the showroom, all day long. Deal Takers wait for the salesperson to come tell you he has lost control. Deal Makers already know it and are there to catch the ball when it gets fumbled on the showroom floor. Show your people and your customers why you are in charge. By making yourself available at all times to the sales force, you will become their backstop. Once you have shown they can count on you, they will be loyal to a fault.

Deal Makers are on the way up, Deal Takers are on the way out! Which are you?

Shawn Foster is an executive trainer for DealerStrong with 25 years of experience as a general manager, dealer principal and consultant. He will be a featured presenter at the 2018 TIADA Annual Conference & Expo taking place from July 29-31 at the Hilton Anatole in Dallas, TX.

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to document the price that is presented. Usually after the first pencil, if not the first. If the customer is convinced of legitimacy, he may buy. If not, he leaves. All the while the sales manager is waiting back at the desk to sign the buyers order. He has become a Deal Taker not a Deal Maker.

Today’s managers have talent. They are better educated, and have technology on their side. What they need is daily guidance and direction, just like sales people. Everyone can be a Deal Maker by following a few simple rules:

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May 2018

Please Welcome Our Newest TIADA Members DEALER MEMBERS

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219 N. Loop 12, Irving, TX 75061 972.445.1044, Fax 972-591-2742 General Manager: Ruben Figueroa Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

Insurance Auto Auctions Dallas* www.iaai.com

204 Mars Road, Wilmer, TX 75172 972.525.6401, Fax 972.525.6403 General Manager: Henry Valenzuela Wednesday, 9:00 a.m.

Insurance Auto Auctions DFW* www.iaai.com

4226 E. Main St, Grand Prairie, TX 75050 972.522.5000, Fax 972.522.5090 General Manager: Jennifer Wesner Tuesday, 9:00 a.m.

Manheim Dallas

www.manheim.com

5333 W. Kiest Blvd., Dallas, TX 75236 214.330.1800, Fax 214.339.6347 General Manager: Rich Curtis Wednesday, 9:00 a.m.

Manheim Dallas Fort Worth www.manheim.com

12101 Trinity Blvd., Fort Worth, TX 76040 817.399.4000, Fax 817.399.4251 General Manager: Nicole Graham-Ponce Thursday, 9:30 a.m.

Metro Auto Auction – Dallas www.metroaa.com

1836 Midway Rd., Lewisville, TX 75056 943.492.0900, Fax 972.492.0944 General Manager: Scott Stalder Tuesday, 9:00 a.m.

Texas Lone Star Auto Auction www.tlsaa.com

2205 Country Club Drive Carrollton, TX 75006 214.483.3597, Fax 214.483.3814 General Manager: Jeff Dunning Tuesday, 1:00 p.m. / Thursday, 2:00 p.m.

EL PASO El Paso Independent Auto Auction www.epiaa.com

7930 Artcraft Rd, El Paso, TX 79932 915.587.6700, Fax 915.587.6700 General Manager: Luke Pidgeon 10:00 a.m. Standard Sale

Insurance Auto Auctions El Paso* www.iaai.com

14651 Gateway Blvd. W, El Paso, TX 79927 915.852.2489, Fax 915.852.2235 General Manager: Jorge Resendez Friday, 10:30 a.m.

Manheim El Paso

www.manheim.com

485 Coates Drive, El Paso, TX 79932 915.833.9333, Fax 915.581.9645 General Manager: JD Guerrero Thursday, 10:00 a.m.

HARLINGEN/MCALLEN Big Valley Auto Auction

NOW ACCEPTING ONLINE COUPONS! 4315 N. Hutto Road, Donna, TX 78537 956.461.9000, Fax 956.461.9005 General Manager: Lisa Franz Thursday, 9:00 a.m. www.bigvalleyaa.com

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Manheim South Houston www.manheim.com

9605 Galveston Road Houston, TX 77034 713.948.0001, Fax 713.948.0300 General Manager: Darren Slack Tuesday, 6:00 p.m.

Manheim Texas Hobby

MIDLAND/ODESSA Insurance Auto Auctions Permian Basin* www.iaai.com

701 W. 81st Street, Odessa, TX 79764 432.550.7277, Fax 432.366.8725 General Manager: Barbara Hallmark Thursday, 11:00 a.m.

www.manheim.com

Insurance Auto Auctions McAllen* www.iaai.com

900 N. Hutto Rd, Donna, TX 78537 956.464.8393, Fax 956.464.8510 General Manager: Ydalia Sandoval Tuesday, 9:00 a.m.

8215 Kopman Road Houston, TX 77061 713.649.8233, Fax 713.640.6330 General Manager: Darren Slack Thursday, 9:00 a.m.

LONGVIEW

HOUSTON

Alliance Auto Auction Longview

ADESA Houston

www.allianceautoauction.com

www.adesa.com

4526 N. Sam Houston , Houston, TX 77086 281.580.1800, Fax 281.580.8030 General Manager: Michael Schenks Wednesday, 9:00 a.m.

America’s AA Houston

www.americasautoauction.com

1826 Almeda Genoa Rd. Houston, TX 77047 281.819.3600, Fax 281.819.3600 General Manager: Rob Frazier Thursday, 2:00 p.m.

America’s AA North Houston www.americasautoauction.com

1440 FM 3083, Conroe, TX 77301 936.441.2882, Fax 936-788-2842 General Manager: Buddy Cheney Monday, 6:30 p.m.

Houston Auto Auction

www.houstonautoauction.com

6000 East Loop 281 Longview, TX 75602 903.212.2955, Fax 903.212.2556 General Manager: Chris Barile Friday, 10:00 a.m.

Insurance Auto Auctions Longview* www.iaai.com

2535 West. Mt. Houston, Houston, TX 77038 281.847.4700, Fax 281.847.4799 General Manager: Michelle Casper Wednesday, 9:00 a.m.

Manheim Houston www.manheim.com

14450 West Road, Houston, TX 77041 281.924.5833, Fax 281.890.7953 General Manager: Eddie Pope Tuesday, 9:00 a.m. / Thursday, 6:30 p.m.

May 2018

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Insurance Auto Auctions San Antonio* www.iaai.com

11275 S. Zarzamora San Antonio, TX 78224 210.628.6770, Fax 210.628.6778 General Manager: Brian Sell Monday, 9:00 a.m.

Manheim San Antonio

San Antonio Auto Auction

Insurance Auto Auctions Lubbock*

13510 Toepperwein Road San Antonio, TX 78233 210.298.5477, Fax 210.298.5484 General Manager: Brandon Walston Tuesday, 9:30 a.m. / Thursday, 1:30 p.m.

www.iaai.com

Manheim West Texas

www.iaai.com

200 S. Callaghan Rd San Antonio, TX 78227 210.434.4999, Fax 210.431.0645 General Manager: Clifton Sprenger Thursday, 9:00 a.m.

LUBBOCK

Insurance Auto Auctions Houston North*

Insurance Auto Auctions Houston*

www.adesa.com

www.manheim.com

5311 N. CR 2000, Lubbock, TX 79415 806.747.5458, Fax 806.747.5472 General Manager: Lori Davee Tuesday, 9:30 a.m.

16602 East Hardy Rd., Houston, TX 77032 281.443.1300, Fax 281.443.4433 General Manager: Louis Cappi Thursday, 9:00 a.m.

ADESA San Antonio

5577 Highway 80 East Longview, TX 75605 903.553.9248, Fax 903.553.0210 General Manager: Robert Dunning Thursday, 9:00 a.m.

6767 North Freeway, Houston, TX 77076 713.644.5566, Fax 713.644.0889 President: Tim Bowers Tuesday, 1:00 p.m. www.iaai.com

SAN ANTONIO

www.manheim.com

614 E County Road 7200, Lubbock, TX 79404 806.745.1905 General Manager: Nicole Graham-Ponce Tuesday, 10:00 a.m.

2042 Ackerman Road San Antonio, TX 78219 210.661.4200, Fax 210.662.3113 General Manager: Mike Browning Wednesday, 9:00 a.m. www.sanantonioautoauction.com

TYLER Greater Tyler Auto Auction www.greatertyleraa.com

11654 Hwy 64 W, Tyler, TX 75704 903.597.2800, Fax 903.597.2800 General Manager: Wayne Cook Tuesday, 5:00 p.m.

LUFKIN

WACO

Lufkin Dealers Auto Auction

Alliance Auto Auction Waco

www.lufkindealers.com

2109 N. John Reditt Dr. Lufkin, TX 75904 936.632.4299, Fax 936.632.4218 General Manager: Wayne Cook Thursday, 6:00 p.m.

www.allianceautoauction.com

15735 I-35 Frontage Road Elm Mott, TX 76640 254.829.0123, Fax 254.829.1298 General Manager: James Baron Friday, 10:00 a.m.

45

behind the wheel

OCCC Proposed Rule: Overregulation or Effective Regulation

T

here is a fine line between effectively regulating an industry and overregulating it. In my mind, effective regulation creates an even playing field for those licensed to do business in that industry and provides protection for consumers and citizens. If you ask ten people what that means though, you would probably get at least ten different answers. Getting that same group of people to agree on overregulation can be just as arduous. Now imagine half those people are in the industry being regulated and the other half are in the profession of regulating. To say we are all looking at things through different prisms would be an understatement.

As an association charged with looking out for and protecting the interest of independent automobile dealers this is a daily dilemma for us. We work closely with state agencies and policymakers to find that balance. We participate in stakeholder meetings and hold formal and informal conversations with DMV, OCCC, TDLR, TDI the state Comptroller and others along the way. This is all done in an effort to help mold and shape policies that make sense to the industry and the state.

In March the Office of Consumer Credit Commissioner (OCCC) proposed a rule that would require dealers with a motor vehicle seller finance license to retain a copy of the federally mandated privacy notice in a customer’s file.

TIADA objected, arguing this was overregulation. The rules governing the notice are clearly spelled out by the

by Jeff

Martin

TIADA EXECUTIVE DIRECTOR

FTC and the FTC does not require a financial institution to retain a copy in each file each time the same notice is given to a customer.

OCCC, looking to even the playing field and protect customers, pointed out that during their current motor vehicle examinations they review a licensee’s compliance with the privacy notice requirements under the Gramm-Leach-Bliley Act. And, in the past year they found that privacy notice infractions were one of the five most common types of violations.

The association continued to argue that adding another piece of paper was not the answer and ultimately OCCC removed the proposed rule that would require and licensee to maintain the same privacy notice in every customer deal jacket. However, in closing the OCCC stated, “It is a best practice for licensees to be able to reproduce the privacy notice that they provide to consumers, in order to show that they are complying with the federal law.”

And with that we agree! It is a BEST practice and there are many more. Implementing best practices at your dealership is the way to take care of your customers and your business. It is also the best way to minimize state and Federal regulations. If you would like more information on privacy notices read our blog, “Do I Have to Mail Privacy Notices” that was posted on www.txiada.org March 15, and distributed in our weekly email that same day.

“It is a best practice for licensees to be able to reproduce the privacy notice that they provide to consumers, in order to show that they are complying with the federal law.”

46

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May 2018

NOT ALL PROGRAMS ARE CREATED EQUAL Debt Cancellation Coverage Voluntary Debt Cancellation Coverage (DCC) is an alternative to requiring Comprehensive and Collision Insurance.

Benefits NEW PROFIT CENTER REDUCES EXPENSES

DCC provides debt forgiveness in the event of a Total Loss and is offered at the point of sale.

COLLATERAL PROTECTED

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INCREASED CSI FINANCED WITH CONTRACT FORMS REVIEWED BY OCCC

AVP DEALERS MAKE MORE MONEY PERIOD! www.avpadmin.com

913.396.5480

*Substantial Discounts for TIADA Members

TEXAS INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION 9951 Anderson Mill Rd., Suite 101 Austin, TX 78750

PRSRT STD

U.S. POSTAGE

PA I D

JEFFERSON CITY, MO

PERMIT NO. 210

TEXAS » Manheim Dallas » Manheim Dallas Fort Worth » Manheim San Antonio » Manheim Texas Hobby » Manheim Houston » Manheim South Houston » Manheim West Texas » Manheim El Paso manheim.com 1-866-MANHEIM (626-4346)

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