Oregon Dealer News March 2011 www.oiada.com - 1-800-447-0302 February 2013 www.oiada.com 800-447-0302 Oregon Independent Automobile Dealers Association Representing all Auto, Truck, Trailer, RV, and Power Sport Dealers of Oregon BHPH Compliance Moves to Make in 2013 [p5] Negative SEO? How your competitors could be sabotaging your website. [p10] NIADA Regulatory Report [p12] SIDE EXPECT MORE WITH MANHEIM Political Action Committee . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .1 THIS ISSUE Shifting Gears. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 3 BHPH Compliance Moves to Make in 2013 . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .5 OIADA Education Schedule . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .7 Used Car Rule Changes: Have You Weighed In? . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 8 Negative SEO? How your competitors could be sabotaging your website.. .. .. .. .. .. .. .. .. .. .. . 10 NIADA Regulatory Report . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 12 Associate Member List. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 13 Oregon Dealer News Corner. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 14 Read and Respond. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .16 HONDA ▪ INFINITI ▪ KIA ▪ DODGE ▪ CHRYSLER ▪ JEEP ▪ YAMAHA ▪ Tuesdays starting at 8:30 am Airfare and Hotel Assistance Available. Ask for Details. 3000 N Hayden Island Drive Portland, OR 97217 503.286.3000 www.manheim.com Sales every Tuesday starting at 8:30 a.m. PolitiCal TOYOTA & MAZDA OF GLADSTONE Action Committee OIADA must be a constant presence in monitoring current legislation within our state. We need to interpret legislative activity that may impact our industry. It is the association’s responsibility to maintain an ongoing relationship with governmental officials and regulatory agencies. Your voluntary PAC contribution helps our legislative representatives work for you, the independent auto dealer. OIADA has worked on many issues affecting dealers such as stopping the 3 day right of rescission, getting temporary motorcycle permits that actually fit on the rear plate area, extension of DEQ slips from 90 days to 180 days, all new broker disclosure forms, new silver dealer plate that makes us really look like a dealer, opposing no sales on Sunday, saying no to a big increase in DMV fees, as well as ongoing dealings with regulatory agencies, just to mention a few. An added benefit to making a political contribution is the Oregon Tax Credit. You can take this directly off your state tax liability. The credit is $50 for an individual and $100 on a joint return. We thank you for understanding the importance of a strong presence within our Legislature. Please remember the next time you renew your membership to consider your PAC contribution. 2012 OIADA Executive Committee OIADA Staff Dan Nicholson, CMD, President Central Oregon Motors 1123 N 6th Street Redmond, OR 97756 541-923-3961 Fax 541-923-3964 [email protected] Diane Sparks Executive Director [email protected] Bryan Steward, Executive Vice President AAA Oregon AutoSource 6 SW Centerpointe Dr. #100 Lake Oswego, OR 97035 503-973-6570 Cell 503-709-3835 [email protected] Pauline Sill Office Manager [email protected] Tommy Wilson 2nd Vice President Tommy Wilson Motor Company, LLC/ 9215 SW Canyon Rd. Portland, OR 97225 503-629-6000 [email protected] Eric Freeman, CMD Secretary 7524 SW Macadam Ave Portland, OR 97219 Office 503-310-5555 Cell 503-320-1596 [email protected] Hello my fellow dealers and industry supporters. Well we have the first month of the year behind us and I hope you are implementing actions to meet your goals. One of the goals that I set for myself is to increase my time spent on education. I was sitting at the computer thinking “where do I go for education and what type of education do I want? The first place I thought of was NIADATV.COM. I have been to this sight a number of times and told myself I need to watch these videos, but never seemed to find the time. Recently, I watched a video and I would like to share it with you. Dan Nicholson (CMD) Central Oregon Motors Carol Effring Eugene, Dealer Forms Sales Lakyn Jacoby Portland Metro Area, Dealer Forms Sales 541-923-3961 Now I wasn’t in the mood for your typically cars sales video. I don’t know about you, but I need a break from it sometimes. This video was titled Executive Imagination: Turning Creative Fire Into Real Results. I thought this was something that I could use. I find myself just trying to keep up with the daily grind and I forget about being creative. Let’s face it, if we don’t get creative in our businesses we are going to be left behind. I’m not talking about the new wiz bang thing that is out there. I am talking about good old fashioned imagination. The speaker in this video talked about how as we get older that we feel less creative, when in fact 85% of all creativity is learned. If that is true, why don’t I feel creative? Well the number one reason is fear. How many time have we tried something new and fell on our face. The inventors of WD40 didn’t let that stand in their way. The 40 stands for the 40th try. It could have easily been named WD30, but it took them another 10 times to get it right. We learn more from our failures than we due from our success. Three questions that you need to ask yourself are Why? What if ? And why not? The video said we need to stop competing on price and start competing on creativity. Something to think about! Another thing that stood out to me was to start challenging our assumptions. Why do we do the things that we do. You have all heard someone say “that’s the way we have always done it”. So maybe we should look at the things or procedures that we have been doing for more than a year and analyze them. Again ask yourself Why? What if ? Why not? Gary Sargent, Chairman of the Boardt Sargent’s Motorsports 10207 SE Foster Road Portland, OR 97266 503-775-9445 Fax 503-777-9886 Cell 503-969-5228 [email protected] Oregon Dealer News is a publication of the Oregon Independent Auto Dealers Association, 1475 Capitol St. NE, Salem, OR 97301 and is published every month. The association was established in 1948, chartered as a non-profit organization in Oregon and is affiliated with the National Independent Auto Dealers Association. Advertising rates may be furnished upon request. ~ The statements and opinions expressed herein are those of the authors and do not necessarily represent the views of the Oregon Independent Auto Dealers Association. Likewise, the appearance of advertisements or the identification as members of OIADA does not constitute endorsement of the products or services featured. *For advertising information please contact OIADA at 800.447.0302 2 | OIADA February 2013 GEARS” “Shifting With Dan Nicholson Here at OIADA we are doing just that. We are looking at things we are doing or not doing and asking ourselves why? What if we started doing this or what if we did it this way? And then asking why not? It is amazing the new ideas we are getting from staff and board members. We now have members volunteering to be on committees. Those of you who have volunteered we thank you. One new idea is to have a thank you dinner for our associate members and venders. These companies and individuals have been supporting us through thick and thin. We want to also take the time at this dinner and ask them what we can do as an association for them. This dinner is being scheduled for the first part of March. I would like to personally invite all our associate members to please attend this first associate member appreciation dinner. I hope that we can all embrace the opportunity for creativity. The sky is the limit as the saying goes and it definitely applies here. Until next month, an Nicholson D President Oregon Independent Auto Dealers Association OIADA February 2013 | 3 BHPH Compliance Moves to Make in 2013 By Kenneth B. Shilson, CPA With the close of another year, most Buy Here-Pay Here operators will evaluate last year’s performance by comparing their financial results with the past. They will base their goals and strategy for the next year by looking at financial and operating metrics like unit sales, gross sales revenue, the growth of their installment portfolio and their net income. Although these represent the standard benchmarks for planning, they omit a critical element: compliance. The BHPH industry faces some important new legal and regulatory challenges from the newly formed Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC) and state attorney generals’ offices. All of those regulatory authorities will be monitoring consumer complaints to identify regulatory violations and operators who are violating the rules. The regulators will investigate consumer complaints and have the authority to levy substantial fines for noncompliance. During 2012, regulatory activity and monitoring of subprime auto compliance violations increased significantly, and more scrutiny should be anticipated in the future. Overall BHPH industry compliance will be judged on how each individual operator complies with the rules and regulations. To date, I have noticed operators taking different approaches to complying with the new challenges. Some are waiting to see what 2013 will bring. Others are more proactive in their approach to compliance. A few are ignoring the compliance threats altogether. 4 | OIADA February 2013 Given the current circumstances, I recommend all BHPH operators: •Carefully scrutinize their advertising and websites for statements that could be construed as false or misleading. •Determine if their documentation matches their internal policies and practices. •Make written disclosures of all important contractual terms to every consumer. •Update and document their internal collection, underwriting and compliance policies and procedures in writing and ask employees to sign a written acknowledgment that they have read and understand them. •Establish written consumer complaint resolution procedures and protocols. In 2012, many operators addressed the first four points and appointed a chief compliance officer, as required. Written consumer complaint resolution procedures and protocols have not been a priority in the past but need to be in the future. Dealers should have a competent attorney review their disclosures and contract documentation and help them develop a compliance management system. It will be money well spent. I also recommend establishing a welcome calling program shortly after each sale to ascertain whether the consumer had a positive buying experience. During that call, all consumer complaints should be taken seriously and addressed by the operator at that time. Consumer complaints are best resolved before they become a compliance issue with regulators. In cases in which the consumer is being unreasonable, an operator’s written policies and procedures can be used as evidence to show how that operator deals with consumer complaints. On investigation by a regulatory authority, the documented policies and practices will be considered in those circumstances. Complaint resolution is important in building a positive bond between operators and their customers. The old saying, “Treat others as you would like to be treated,” applies here. Both the consumer and the operator must work together over the life of the deal to be successful. In 2013, the regulatory authorities will carefully scrutinize collection procedures. Collectors must be particularly careful to avoid violations of the Fair Debt Collection Practices Act. That will require more individual knowledge and training. Although the year ahead is full of legal and regulatory uncertainty, prudent operators should start the year with a proactive approach to compliance. You can’t control what others do but each operator must be responsible and accountable for his or her own actions. Best wishes for a prosperous New Year! Note: The National Alliance of Buy Here-Pay Here Dealers (NABD) will host its 15th annual National Conference for Buy Here-Pay Here and Dealer Academy at the Wynn in Las Vegas on May 19-23. For registration and for more information, visit www.bhphinfo.com or call 832767-4759. Kenneth B. Shilson, CPA, is founder and president of NABD, the only group exclusively for the self-finance industry. Membership is open to anyone in the BHPH industry and to service providers. Members pay no dues. OIADA February 2013 | 5 OIADA EDUCATION CLASS SCHEDULE Pre-License – Continuing Education – Title & Registration 2013 First Quarter Is Proud To Be In Oregon! February 2013 TO REGISTER FOR A CLASS 8 – OIADA Salem Office – Pre-licensing 15 –Brasher’s NW Eugene – Title & Registration/ Compliance Class 22 – M anheim Portland – Pre-licensing March 2013 8 – Brasher’s NW Eugene – Pre-licensing 15 –Brasher’s Portland AA – Title & Registration/ Compliance Class 22 – OIADA Salem Office – Pre-licensing 29 –Manheim Portland – Title & Registration/ Compliance Class When trying to reach your customers online the Dealix UsedCars.com Network is there to help. Get your inventory and dealership valuable exposure on one of the fastest growing and easy-to-use auto shopping sites on the Internet today and let us help you do the work: Brasher’s NW Auto Auction: 90485 Auction Way, Eugene, OR 97402 Manheim Portland Auto Auction: 3000 N Hayden Island Drive, Portland, OR 97218 Brasher’s Portland Auto Auction: 23585 NE Sandy Blvd, Portland, OR 97238 OIADA: 1475 Capitol St NE, Salem, OR 97301 • UsedCars.com and its affiliate network of websites are visited by nearly 40% of all shoppers looking for pre-owned vehicles Call 503-362-6839 or 1-800-447-0302 (All times, dates, locations subject to change) Driver’s license or other positive ID required BEFORE class begins PRE-LICENSING IS AVAILABLE IN A “LIVE CLASSROOM FORMAT” OR “HOME STUDY” COURSE • Pre-licensing classes begin at 8:30 a.m. unless otherwise noted • Title & Registration classes begin at 9:00 a.m. unless otherwise noted • All dealers must complete 5-hours of Continuing Education per year • All persons who desire to be licensed as a motor vehicle dealer must complete an • 8-hour pre-licensing seminar before DMV will issue a dealer’s license. WWW.OIADA.COM on the largest Internet automotive sites.1 • With the UsedCars.com Network, you will get exposure to over 20 million used car shoppers (on a nationwide basis) each Hassle Fre e Lead TM Return month and preferred placement on top automotive sites. 2 • For nearly 15 years, our pay for performance business model has helped thousands of car dealers do a better job of attracting consumers to their dealerships. UsedCars.com is backed by The Dealix Quality PledgeTM and Hassle Free Lead ReturnTM To find out how many leads we have available for the cars you’re which means you only pay us selling, visit www.dealix.com to get an immediate used car when we deliver you serious, in leads estimate or call us today at (877) 894-5062. market buyers; or you can return the lead and when it’s possible Special Program s Available to all OI & Discounts ADA members! 1. ComScore MediaMetrix, November 2010. Potential, unduplicated reach of UsedCars.com affiliate network. 2. ComScore MediaMetrix, September 2011. we will, replace it with a new lead. Dealix® Leads to Sales Educational Instructor Bobbi Cockeram Born and raised in Eastern Oregon in the little town of Vale, Bobbi worked for the local GMC dealership in Ontario, Oregon at the age of 18 selling to the local “Good ol’ boys” farmers and ranchers. This is where her love for the Auto Industry started. She relocated to the Portland area in 1996 where she entered her career as a “Title and Registration Specialist.” It was a very challenging time back then as there were no classes or training of any sort, so after years of hard work, dedication, and making it her business to become as knowledgeable as she could from whatever resources she could find, she successfully graduated from the school of “Hard Knocks,” and took off in the world as an independent Auto Dealer Consultant/Title and Registration Specialist for Oregon auto dealers. Bobbi has not only had the opportunity to work with Oregon auto dealers, but with Dealer Auctions, and several other states dealers as well. Additionally, she is well versed in other state laws and DMV statues. Bobbi started instructing Title and Registration classes as well as Prelicensing Courses and other forms of Continuing Education for us at the OIADA 3 years ago and the classes just keeping better and bigger. She brings to us a great deal of knowledge and experience to our members and staff. We are very excited about partnering with Bobbi. Her addition to the team has taken our educational and consulting programs for our members to the next level. Services Provided by Bobbi: Dealer-to-Dealer and Dealer-toConsumer Mediation Title Training CarFax and Auto Check Cleaning Lost Duplicate Titles (in all states) Title clerk fill-in Dealer Setups Title Preparation/Processing Notary Services Book Keeping Services Title Corrections/Problem Titles V-3 Training/ Setup Deal Jacket Compliance Audits Bobbi L Cockeram Po Box 727 Gladstone, Or 97027 503-810-5535 [email protected] OIADA February 2013 | 7 Used Car Rule Changes: Have You Weighed In? a sentence in Spanish on the face of the English-language Buyers Guide, alerting Spanish-speaking consumers that they can ask for a copy in Spanish. Adding more information about warranties: The FTC is proposing to place boxes on the back of the Buyers Guide where dealers will have the option to say whether the manufacturer’s warranty still applies, the manufacturer’s used vehicle warranty – such as a manufacturer’s certified pre-owned warranty – applies, or some other used vehicle warranty applies. by Lesley Fair Dealers are familiar with what it takes to comply with the FTC’s Used Car Rule, but are you aware of the key role you play in drafting the regulations that apply to your industry? The FTC would like your feedback on those suggested revisions, including your thoughts about the kind of information that should be available on any new FTC site dealing with vehicle histories. Officially known as the Used Motor Vehicle Trade Regulation Rule (though only its mother calls it that), the rule requires dealers to display a Buyers Guide on used cars offered for sale. But FTC regulations aren’t written in stone. To ensure that rules keep up with the times, every 10 years or so the FTC revisits what’s on the books. Is there a continuing need for the rule? Have there been changes to the technological or regulatory landscape that need to be addressed? As part of that ongoing review, the FTC asked for feedback about the future of the Used Car Rule – and boy, did we get an earful. Used car dealers, consumer groups, industry associations and government agencies filed comments about how the Used Car Rule is working. From what we heard, a lot has changed in how people shop for used cars and how you do business. Based on what we heard, the FTC has proposed modifications to the Buyers Guide and is again asking you to weigh in on suggested revisions. What’s under consideration? You’ll want to read the complete document on the Automobiles page of www. business.ftc.gov, but as the FTC explained in a Dec. 4 announcement, 8 | OIADA February 2013 it’s proposing four primary changes to the Buyers Guide. independent inspection before making a purchase.” Adding a reference to how consumers can get information about a vehicle’s history: There’s more information available these days about a vehicle’s history and the FTC wants to help empower consumers without burdening businesses. Therefore, the agency is proposing to add a statement to the Buyers Guide encouraging consumers to seek vehicle history information and directing them to a new FTC website for more information. Revising the list of systems on the back of the Buyers Guide: Dealers are familiar with the list of systems included on the Buyers Guide, and the FTC thinks it’s a good idea to keep it. It helps consumers compare warranties on different cars or from different dealers – and it’s a handy checklist for the mechanical and safety systems prospective buyers might want to have inspected. But the FTC wants to revise the list to include catalytic converters and airbags. As the FTC notice makes clear, “Dealers would not be required to obtain vehicle histories or to display specific vehicle history information on the proposed revised Buyers Guide. The Buyers Guide would continue to recommend to consumers that they protect themselves by obtaining an Adding a reference to the Spanish-language Buyers Guide: The Used Car Rule already requires dealers to display Spanish-language Buyers Guides when they conduct sales in Spanish. But to ensure the Spanish guide reaches its intended audience, the FTC is proposing to add hecht_autoins_ad_final_out.indd 1 But that’s not all the agency is asking for this time around. The FTC also would like to hear what you have to say about Internet sales of used vehicles. Have you spotted deceptive practices? If deceptive practices are prevalent, are there regulatory steps the FTC should consider taking? The deadline for comments is Feb. 11. By the way, the days of submitting documents in triplicate are over. It’s easy to file a comment online. In addition, the FTC announced a final rule that makes some technical corrections to the Spanish translation of the Buyers Guide. That portion of the rule takes effect Feb. 11, so you’ll want to make sure your dealership is using the new version of the Spanishlanguage Buyers Guide, available on the Automobiles page of www. business.ftc.gov. Editor’s note: NIADA met with the FTC attorneys responsible for oversight of the Used Car Rule in December to discuss the proposed changes, and after soliciting input from its members, the association is preparing comments to submit to the FTC. If you have any additional comments or ideas about the rule, please contact NIADA’s Georgia Brown at 1-800-682-3837 or georgia@ niada.com. Lesley Fair is a senior attorney with the Federal Trade Commission’s Bureau of Consumer Protection and has represented the FTC in deceptive advertising investigations. She now specializes in business education and compliance. 2/3/11 2013 10:23:10|AM9 OIADA February Negative SEO? directory listings. How your competitors could be sabotaging your website. By Michael D. Jackson There are two types of linking that can be done with any website: internal linking and external linking. Internal linking is linking to resources inside your website/domain, while external linking links to web pages or other resources outside your website/ domain. A link on another website that points to your site can either have value to it and help your site or it can have a negative effect on your website and hurt you. External links that point to your site are a common way negative SEO is applied, and it is very hard to see because it all happens away from your site and is nearly invisible. When you first hear the words “Negative SEO” you probably think it sounds like an oxymoron. You know, like living dead, original copy, dark light or accidentally on purpose. But two items that don’t seem to mesh are finally doing so. During this election year, we have all seen the dirty tricks politicians have played on each other – negative smear campaigns and truth spinning. But don’t think those tactics are isolated to politics. In the automotive industry, there are growing numbers of companies that like to play dirty as well, and if you are not aware of it yet, you need to continue reading. With the constant uphill battle of your competition “flagging” your ads on Craigslist or leaving negative reviews on listing services such as Dealerrater.com, Google Places or 10 | OIADA February 2013 even Merchant Circle, the war has just become a bit more complicated. Forcing one website to appear lower in the SERP (search engine rank placement) means other websites will climb higher in the SERP. That’s why negative SEO is considered a viable model by unethical website providers and online marketing companies. The most common form of negative SEO is accomplished by linking a website to low-quality, unrelated businesses. Those are called “black-hat” links – they’re the bad guys. Links are among the most important items when it comes to SEO (search engine optimization), but you want to make sure related industry businesses are linking into your website. Links can pass value to your website when done the right way. Links can harm your website when done the wrong way. If you are link swapping with other businesses, you always want to make sure the links you are pointing to are valid websites that are still in business. If you are linking to an off-line website, or “dead link,” as it is called, it can easily wipe out the value of hundreds of positive links. Disassociated business links and unnatural links: Disassociated links are considered an attempt to try to boost the ranking of your site for the sole purpose of increasing your position. Some businesses think all links are good links. Right? Wrong! Make sure links pointing to your website are within your general industry – stay away from disassociated links, such as linking a used car dealership with, say, a flower shop, a hardware store or a movie theater. In addition to disassociated links, there are companies referred to as “link farms” that advertise they’ll sell you hundreds or thousands of incoming/inbound links, which are referred to as “backlinks.” The companies will point those links to your website for a monthly fee. Most of the time, the companies will claim the links they provide will be within the same industry as your business, but there is no real way to guarantee that. Google recently released an update called the Penguin that in part identifies websites in the link farm business that offer unnatural links. If you are found on the receiving end of those links, you could have some serious issues with your online placement. Because there is nothing to keep a competitor from signing up your website’s URL with those kinds of companies, and the links do not appear on your website, that style of attack can easily go unnoticed. Be aware of who is linking to you. Periodically looking into what links are being directed to your website can help detect negative SEO campaigns that have been launched against your business, as well as identify any links that are unrelated to your industry. There are many free websites you can use to check for backlinks. A good free site to check is www.ranksignals. com, which allows you to identify the total number of backlinks as well as get a page rank of the links that are pointing to your website. Michael D. Jackson is CEO of Auto Search Technologies, Inc. He can be reached at (949) 608-0809 or ceo@autosearchtech. com. Related incoming business links: You might have heard the term “link swapping.” That’s when a business asks you to place a link to it on your website in exchange for a link from its website. That can be beneficial if the business is in the same industry as you are. For example, if a used car dealership swaps links with an auto repair/service facility, a towing company or a tire sales business. There is a reason for you to swap links because you are helping your customers navigate to a product or service that you might not offer that could be considered helpful. Value can be associated to both websites in that process. Each of the links from the other website that points to your website counts as an “incoming/inbound link” to your site. Other related links that can qualify are from third-party paid listing services, social media outlets, online video channels and business OIADA February 2013 | 11 NIADA Regulatory Report Federal Trade Commission Proposed changes to the Used Car Rule: Last month, the FTC released a proposed change to the Used Car Rule, which would make the following changes to the Buyers Guide: • Add a statement encouraging consumers to seek a vehicle history report and directing them to an FTC website with information on vehicle histories. • Add a statement to the English Buyer’s Guide noting the document informing Spanish-speaking customers they can request the guide in Spanish. • Adding catalytic converters and airbags to the systems covered on the back of the guide. • Placing boxes on the back of the guide giving the dealer the option of informing the consumer whether the manufacturer’s warranty still applies or whether a manufacturer’s used warranty (such as a CPO warranty) or another third-party used vehicle warranty applies. The FTC is seeking comments regarding the changes. Comments must be submitted by Feb. 11. NIADA chief operating officer Steve Jordan, Region III vice president Gordon Tormohlen and counsel Shaun Petersen met with the FTC attorneys responsible for oversight of the Used Car Rule on Dec. 12 to discuss the proposed changes. NIADA also plans to submit written comments. In addition, the commission made minor changes to the Spanish guide, effective Feb. 11. The revised Spanish version is available at www.ftc.gov. Dealers can use up their remaining Spanish-language guides after Feb. 11, but must transition to the new guide when existing stock is used up. The FTC is also seeking comments on deception in Internet vehicle transactions. NIADA will submit comments. Settlement with car loan modification company: On Nov. 29, the FTC entered into a settlement agreement with a motor vehicle loan modification company regarding its unfair and deceptive practices. The modification offered by the company allegedly promised to save vehicles from repossession and lower vehicle payments. In order to obtain the modification, consumers were required to pay high up-front fees. Ultimately, the modification provided no value to the consumer. No civil penalty was assessed to the directors or company, but the company and its owner have heightened reporting and record retention requirements over the next 20 years. Interim Red Flags Rule, limiting the definition of creditor: The interim rule constricts the term “creditor,” which is covered by the Red Flags Rule. Under the new rule, a creditor is covered if, in the ordinary course of business, it regularly obtains or uses consumer reports in credit transactions, provides information to consumer reporting agencies in relation to a credit transaction or advances funds to a person. The FTC has invited comments on the proposed change. NIADA is evaluating the changes. ASSOCIATE MEMBER LIST: Your Dealer Products and Service Top officials leaving: The FTC announced David C. Vladeck, director of the Bureau of Consumer Protection, left Dec. 31 to return to a faculty position at Georgetown University Law Center. Deputy director Charles A. Harwood will serve as the BCP’s acting director. In addition, FTC executive director Eileen Harrington retired at the end of 2012, with deputy executive director Pat Bak taking over on an interim basis. The executive director is responsible for the administration and management of the FTC. Consumer Financial Protection Bureau The CFPB announced plans to share consumer complaint data with state agencies that have jurisdiction over consumer protection activities via a secure channel that protects confidential and personally identifiable information. The bureau plans to accept complaints and information from state agencies in the future. The Federal Reserve Board and the CFPB increased the dollar thresholds in Regulation Z (Truth in Lending) and Regulation M (Consumer Leasing) for exempt consumer credit and lease transactions. Transactions at or below the thresholds are subject to regulation. For dealers, the Truth in Lending Act and the Consumer Leasing Act generally will apply to consumer credit transactions and consumer leases of $53,000 or less beginning Jan. 1. The Wall Street Journal reported deputy director Raj Date, the CFPB’s No. 2 official behind director Richard Cordray, will leave the agency he helped create Jan. 31, after the CFPB ADVERTISING PUBLIC AUCTIONS HEALTH CARE & BENEFITS Affiliated Media LLC Ronald Massey, 503-705-9497 Insurance Auto Auctions, Inc. Ryan Hall, 503-253-1500 The Summit Group of Oregon, LLC John Petrie, 503-581-2825 AutoTrader.com Ed Merrick, 503-747-9162 [email protected] Petersen Auction Group of Oregon Curt & Susan Davis, 541-689-6824 INSURANCE & BONDING Woodburn Auction Steve Morin, 503-981-8185 www.woodburnauction.com Consumer Insurance USA Robert Wells, 877-431-0970 Carsforsale.com Aaron Oestretch, 605-306-3302 Cars.com 312-601-6134 The Oregonian Rich Fryback, 503-221-8486 DEALER SOFTWARE Skywerks Martyn Olliver, 425-738-0234 UCMLink www.ucmlink.com Allison Pittman, 601-812-5876 Frazer Computing Michael Frazer, 888-963-5369 UsedCars.com by Dealix Tamara Garris, 704-243-6652 FINANCING AUTO ACCESSORIES Auto Marketing Associates Northwest Gary Palaniuk, 503-519-7725 PRIVATE AUCTIONS Brasher’s Portland Auto Auction Jerry Hinton, 800-300-3200 www.BrashersPortland.com Brasher’s Northwest Auto Auction Mark Melton, 800-905-3901 www.brashersnw.com CrosspointNW Dealer Auction Brian Hardy, 503-594-2800 www.crosspointnw.com Credit Concepts Jason Moon, 541-342-8545 Oregon Roads, Inc. New & Used Vehicle & Commercial Leasing Joseph McKinney, 541-683-2277 JP Morgan–Chase Auto Finance Jeff DeGarmo, 503-201-4370 Nationwide Northwest, LLC Mark Tischer, 503-339-4165 Reliable Credit Association David Marx, 503-462-3022 Gold Acceptance/ Oregon Auto Finance 1700 Valley River Dr. #300 Eugene, OR 97401 Gary Veum, 541-868-0472 OUT-OF-STATE AUCTIONS SmartwayAdvisors Sheldon Harris, 503-795-7700 Manheim Seattle Auto Auction Julie Picard, 206-762-1600 Shepard & Shepard Insurance Phone- 855-396-0488 509-396-0488 www.shepardinsurancequote.com LEASING Manheim Portland Auto Auction 503-286-3000 www.manheim.com Dealer’s Auto Auction Northwest Steve Doyle, 509-244-4500 Shepard and Shepard Business Solutions Todd Shepard, 509-396-2439 Credit Acceptance John Bragg, 253-279-3230 United Finance: Burnside, 503-232-5153 Eugene, 503-342-7671 Salem, 503-585-6411 Medford, 541-779-7391 Adesa Seattle Auto Auction Jason Arcaro, 253-735-1600 x 213 Hecht & Hecht Insurance Evelyn Hecht, 800-609-0979 [email protected] SERVICE CONTRACTS A.U.L. Corporation Jacqueline Swank, 800-826-3207 Automotive Business Developers Shannon Meany, 541-944-9186 Auto Marketing Associates Northwest Gary Palaniuk, 503-519-7725 Auto Services Company Dick Proudfoot, 503-705-7597 A.U.L. Corp/ D.P.C. Inc. Jim Bangert, 360-834-3333 Protective - Asset Protection Division Dylan Doran, 818-836-1455 FLOORPLAN FINANCING TRAINING Floorplan Xpress Sean Fodrea, 503-621-9260 [email protected] Automotive Business Developers Shannon Meany, 541-944-9186 Dealer Services Corporation Garrett Jorewicz, 866-230-0820 OIADA: Continuing Education, Title & Registration, & Pre-licensing Pauline Sill, 800-447-0302 continued on p. 14 12 | OIADA February 2013 OIADA February 2013 | 13 Oregon Independent Auto Dealers Association Oregon Dealers News Corner MEMBERSHIP APPLICATION Thank You to Our Renewing Members Business Name Khaled Alkhudher 503-481-2106 Rafik (Roy) Saydi 503-442-4443 Vic (Renyold) F. Keeler 503-636-7896 Bob Schiedler 541-746-8515 Jerry McMullin 503-623-6686 Ray Priest 206-762-1600 Jim Smith 503-970-0335 Polaris Simones 541-267-6384 Siavash Safari 503-697-3386 Robert J. Beal 503-666-9002 Elma Gazibara 503-490-6259 Scott Amon 360-904-8076 Daniel Gherman 503-246-2200 Dave Ury 503-302-6292 City ________________________ State/ZIP_________________________________ Glenn Hoffinger 503-235-0528 Shahin Mottaghi 503-235-7555 Victor Sam 503-688-9270 Jacob Pigg 541-258-0772 Mailing Address (if different) Jake Rockwell 541-292-4444 LeAnn Victor 541-367-8866 Biz. Ph.# _________-___________-__________ Driver’s Lic.#___________________ Gordon Orluck 503-668-9603 Marcy Wambach 503-653-0100 Gregory Miles 541-688-5036 Ed Bazzaz 503-793-5554 Email__________________________________________________________________ R. Kevin Wheeler 503-473-3123 Jerry Fry 503-831-2330 Scott Weld 541-501-0828 Tim Amlin 541-469-9051 Brian Brooks 541-971-5565 Daniel Crainic 503-764-5623 John B Rumsey 541-298-2886 Therese Richardson 503-266-6468 Jim Nelson 541-345-1801 Regulatory Report Dollar/Thrifty, as well as the American Car Rental Association, endorsed new legislation authored by the senators to keep recalled vehicles off the road. Those four companies represent 93 percent of the rental car market. finalizes the mortgage rules Congress mandated. The deal caps a long push by the senators and consumer safety advocates to fix a loophole in current law. While car dealers are prohibited from selling a recalled automobile, rental car companies are not barred from renting or selling one. Continued from page 12 Date played a critical role in the agency’s mortgage rulemaking project and ran the agency from August 2011 until Cordray was appointed in January 2012. Legislative Report Rental Cars Sens. Charles E. Schumer (D-N.Y.), Barbara Boxer (D-Calif.) and Claire McCaskill (D-Mo.) reached an agreement with the top four U.S. rental car companies to stop renting or selling vehicles that have been recalled by their manufacturer. Under the deal, rental car companies Enterprise/ National/Alamo, Hertz/Advantage, Avis/Budget and 14 | OIADA February 2013 The new Senate bill would change that, requiring vehicles under a safety recall to be grounded as soon as possible. Rental companies would have up to 48 hours for recalls that include more than 5,000 vehicles in their fleet. Also under the legislation, the National Highway Traffic Safety Administration will, for the first time, have authority to investigate and police rental car companies’ recall safety practices. Dealer# ___________ Expiration: ___________ Name_____________________________________Spouse_______________________ Biz. Address Cell# ________-________-_________Fax#________-________-_________ SIGNATURE _________________________ Date Upon acceptance as a member, I pledge to uphold the OIADA Code of Ethics and all laws pertaining to the automobile business. PAYMENT MUST ACCOMPANY THIS APPLICATION…………….Annual PAC – Political Action Committee – Keeps us strong at the Legislature dues - $325 Your voluntary $50 contribution is an Oregon Tax Credit taken directly off your state tax liability. Your contribution will actually cost you nothing Visa ___M/C ___ Discover ___ American Express _____ PAC $ 50 $375 Check # ______ #--------------------------------------------------------------- Exp. _____/_____ CVC ______ Office Use Sponsor ________________ Renew Date ___/1/___ Trans _____ QB _____ PAC _____ Access _____ ODN _____ MBR_____ By completing this form, I am consenting and giving OIADA/NIADA, its affiliates and subsidiaries, my permission to contact me and provide information to me at the mailing and email address, telephone and fax numbers I have provided. OIADA 1475 Capitol St. NE, Salem, OR 97301| Phone 503-362-6839| Fax 503-364-7331 and Certify Below OIADA CONTINUING EDUCATION PROGRAM Complete this test and Certify below that you have read the articles for February 2013 Buy Here, Pay Here Compliance In 2013, the regulatory authorities will carefully scrutinize collection procedures. What is it called that the collectors must be particularly careful to avoid violations? ____________________________________________ Negative SEO What does the term “link swapping” mean ___________________________ and why or why not would you want this for your business? _______________ _______________________________________________________________ What does “Negative SEO” mean? ___________________________________ _______________________________________________________________ FEBRUARY 14th Sweetheart Sale Join us for a great selection of cars, trucks, and bikes PLUS - Post-sale giveaways including Godiva chocolates, Dom Perignon, and more! FEBRUARY 27th & 28th Officially known as the Used Motor Vehicle Trade Regulation Rule (though only its mother calls it that), does the rule require dealers to display a Buyers Guide on used cars offered for sale. True ____ False ____ T Y L What are the 2 new items that the FTC wants to include to the list on the back of the Buyers Guide? 1)_____________________________ 2) ____________________________ ON The Buyers Guide would does not recommend to consumers that they protect themselves by obtaining an independent inspection before making a purchase. True ____ False ____ Sponsored by Legacy Ford & McCurley Integrity Dealerships THE CRO NK ING R TU ES IT The FTC is proposing to add a statement to the Buyers Guide encouraging consumers to seek vehicle history by directing them to the FTC website. True ____ False____ FE A Used Car Rule Changes COMING IN FEBRUARY TO DAA NORTHWEST ES Read & Respond W AT DA A N O RT H Josh Dykes of Legacy Ford and Kenny Shoemake of McCurley Integrity Dealerships purchased “An Evening with The Cronkites” at our November Anniversary Fundraiser. Their generous contribution benefitted local and international charities, and now they’re sharing their purchase with you, their DAA Northwest dealer friends. I certify to OIADA that I have personally read these articles in The Oregon Dealer News Magazine for #02-2013 4:00 p.m. sale Wednesday featuring Legacy Ford, McCurley Integrity Dealerships, Ford Motor Credit Company, LLC & Avis Budget Group My Name __________________________________________________________________________(printed) The Cronkites will perform in the barn immediately after the sale. Bring your sweetheart and enjoy appetizers, beverages, and dancing! Dealership Name ___________________________________________________________________________ PLUS - Join us Thursday morning at 9:00 a.m. for 1400 units in 8 lanes! Dealer License Expiration Date:_______________________________ Dealership #_____________________ Signed: __________________________________________________________Date _____________________ FAX TO: 503-364-7331 or mail to OIADA, 1475 Capitol St. NE, Salem, Oregon 97301 16 | OIADA February 2013 2215 South Hayford Road Spokane, WA 99224 P: 509.244.4500 daanw.com facebook.com/daanorthwest LIKE US twitter.com/daanorthwest FOLLOW US PRSRT STD U.S. POSTAGE PAID Albany, OR PERMIT NO. 188 1475 Capitol St. NE Salem, OR 97301 503.362.6839 ●800.447.0302 Fax: 503.364.7331
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