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DALLAS, TEXAS Permit No. 2079

PAID PRSRT Standard U.S. Postage

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

INSIDE ."(";*/&CONTENTS 6 News From The Iowa Statehouse 12 Guide to Record Retention 13 Mobile Commerce Take Center Stage

NIADA/Manheim Community Service Award

Manheim, the world’s largest provider of vehicle remarketing services, cares about its employees, the environment and the communities it serves. From fundraising drives and

tutoring kids after school to supporting long-term conservation efforts, Manheim and its employees are dedicated to giving back to their communities and know independent vehicle dealerships across the country share in this commitment. For the first time this year, Manheim is recognizing and honoring those dealerships by awarding the 2011 National Manheim Community Service Award at the 65th NIADA Annual Convention and Expo. For more information, contact Georgia Brown, NIADA director of education, at 817-640-3838 or download the nomination form at (click on the Manheim Dealers Edge link under the Services tab).

FEDERAL AGENCIES ISSUE PROPOSED RULES ON RISK-BASED PRICING NOTICES The Federal Reserve Board and the Federal Trade Commission have issued a notice of proposed rulemaking to adopt a new model form that includes a credit score disclosure on risk-based pricing notices. The new model form would include a

consumer’s credit score and information relating to that score. These proposed amendments reflect the new content requirements in section 615 (h) of the FCRA that were added by section 1100F of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The comment period closes April 14, 2011, and the proposed effective date is July 21, 2011. See Federal Register/Vol.76, No. 50/Tuesday, March 15, 2011/Proposed Rules, Docket No. R-1407

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TOLL FREE: 1-866-908-4636 The Motor Vehicle Investigations Information Line provides a way for the QVCMJD UP SFRVFTU JOGPSNBUJPO  BTL RVFTUJPOT  PS ĂĽMF B DPNQMBJOU SFMBUFE UP investigative duties and responsibilities. This line is the primary point of contact to reach an investigator who is responsible for investigations in a specific area of the State of Iowa. To ensure accurate information is provided, the Motor Vehicle Investigations Information Line is answered by a Motor Vehicle Enforcement Investigator. The hours of operation are Monday through Friday 8:30 a.m. to 3:30 p.m. As this line receives numerous calls during the day, please leave a message if the line is busy and your call will be returned promptly.

NEW MEMBER BENEFITS ADVERTISERSINDEX ADESA ........................................................ 7 ........................... Back Cover ..................... Inside Back Cover Manheim Minneapolis .................................. 5 Manheim Omaha ........................................15 SmartAuction ................................................ 9 Western General / Protective ....Inside Front Cover

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IIADAOFFICE FOR INFORMATION ON HOW TO BECOME A .&.#&31-&"4&$0/5"$5+6%:8*-40/ **"%"t&"45."3,&5t1"/03" *"  t**"%"!/&5*/4/&5 WWW.IOWAIADA.COM



You donâ&#x20AC;&#x2122;t buy a newspaper, you buy the news You donâ&#x20AC;&#x2122;t buy life insurance, you buy security for others You donâ&#x20AC;&#x2122;t buy glasses, you buy vision You donâ&#x20AC;&#x2122;t buy awnings, you buy shade You donâ&#x20AC;&#x2122;t buy membership in IIADA, you buy cooperation of the ablest men and women in your profession with whom you can join hands to accomplish things you could not do alone.

BOARD OF DIRECTORS PRESIDENT Douglas Livy, Jr. Quality Motors of Ames, Ltd. 705 S. Duff Avenue Ames, Iowa 50010 Ph: 515-232-1780

TREASURER Judy Wilson 409 E. Market Street P.O.Box 337 Panora, Ia. 50216 Ph: 641-755-4177

Robert Pippert Pippert Cars & Trucks 2047 Highway T-47 P.O. Box B Gladbrook, Iowa 50635 641-473-3121

Doug Wilson Lake Country Auto 409 East Market St. P.O. Box 341 Panora, Iowa 50216 641-755-3048

CHAIRMAN OF THE BOARD Louise Cordes Jim Cordes Motors, Inc. 104 E. Main St., P.O. Box 68 New London, Iowa 52645 1-319-367-2271

3&(*0/"- REPRESENTATIVES Merrill Hitchcock Merrillâ&#x20AC;&#x2122;s Garage 317 N. 8th Street Winterset, Ia. 50273 Ph: 515-462-1683

Clay Winterboer Carroll Car Credit Co. 409 E. 6th St., Box 805 Carroll, Ia. 51401 Ph: 712-792-0140

VICE PRESIDENT David A. Farmer David A. Farmer, Inc. 1613 Franklin Center Point, Iowa 52213 1-319-848-2432

Roger Poulsen The Car Guys 1301 S.W. 7th Street Atlantic, Ia. 50022 Ph: 712-243-6915

ADMINISTRATIVE OFFICES 409 East Market Street P.O. Box 337 Panora, Iowa 50216 Ph: 641-755-4177 Fax: 641-755-3247 Email: Toll Free: 866-962-9202

Jim Harbach Jâ&#x20AC;&#x2122;s Auto 945 E. Main Manchester, Ia. 52057 Ph: 563-927-2811


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PRESIDENTS LETTER Hello Dealers: By the time this goes to print, Spring will be upon us. Are you ready? I don’t think that we have gone too far from last year’s Spring market. Cars were hard to come by a year ago and that is about the same this year. Numbers at the auto auctions seem to be about the same as a year ago and the prices have held the market up. The cheaper vehicles are still feeling the effects of the Cash for Clunkers program and the late models are in short supply due to factory cutbacks in production. All the signs are pointing towards a strong spring and summer market. Let’s hope they are right. I hope to see lots of you at our State Convention. It is always lots of fun plus very educational. We will be recognizing the IIADA Quality Dealer and giving out scholarships to the sons and daughters of members or employees of members of IIADA. Also it’s a great time to meet with the vendors and the Midwest auction representatives that are there. Lot’s of fun, great food, educational classes, meeting new friends, seeing old friends and just a great “bang for your buck”. We have some great speakers lined up for this year that will be addressing some very meaningful topics. HOPE TO SEE YOU THERE!! April 8-9, 2011 – Lake Panorama National Resort and Conference on Lake Panorama, Panora, Iowa


LE T YOUR LIS TINGS DO THE TALKING Anyone can start selling cars using the Internet, but those who are most successful give buyers the right information during the shopping process. Sellers can break through

the clutter of online used car sales by giving consumers photos, compelling descriptions and vehicle history while they shop. If you’re not already online, you need to be. Eighty percent of consumers today use the Internet to help find their next car. Furthermore, shoppers visit less than two dealerships before deciding to buy – conducting research online before visiting any lot. Typically, they start by visiting third-party automalls like and Cars. com. A quick search can return hundreds of listings for vehicles similar in style and price. Since you can’t sell online shoppers face-toface, your listings have to do the talking. Focus your marketing efforts on two lead-generating areas that attract the most attention: Search Results Pages (SRPs) and Vehicle Details Pages (VDPs). The SRPs and VDPs are the most

prominent places to communicate the value of your used car inventory online. When shoppers click on SRPs, they go to VDPs to browse additional photos, read about features, see the vehicle history and locate the seller. Getting shoppers to click on SRP listings generates more leads from your VDPs. The vehicle description you provide on SRPs is your first opportunity to reach shoppers. Try to describe the car’s benefits as if shoppers were standing in front of you. Be brief but informative. For example, you might say, “this van comfortably fits up to eight people” or, “we offer low financing” or, “includes Free Carfax Vehicle History Report.” You don’t want potential customers glancing past your listings because they didn’t peak their interest. Photos are another way seasoned online sellers grab the attention of used car shoppers on SRPs. Use the best image as the SRP ‘thumbnail’ image on SRPs and save detailed images for the VDP. You can build confidence with online

consumers by linking Carfax Reports to SRP and VDP listings. Shoppers are more likely to buy from open and up-front sellers and your listings will stand out even more. To connect with online shoppers, you need to think like them. By giving buyers relevant information to help them make an educated decision, you can compete online and sell cars faster. Top dealers consistently get more leads because they pay attention to how their car listings appeal to online consumers. Make your SRPs stand out in the crowded online marketplace and more shoppers will click through to your VDPs. More clicks equals more leads and ultimately, more sales. BY DALE PO LLAK AN D LAN CE VICKERY

Dale Pollak, founder of vAuto, is a highly sought-after authority on maximizing profits from used vehicle operations, working extensively with Dealer 20 Groups, Dealer Associations and large dealer enterprises across the country. In addition to his regular contributions to auto industry publications like Dealer Magazine, Pollak is a published author of 2 books, Velocity: From the Front Line to the Bottom Line and Velocity 2.0: Paint, Pixels and Profitability. Lance Vickery is director of dealer business at Carfax and has spent more than 25 years in the auto industry.






Good Selling Doug Livy, President,IIADA

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1:00pm Every Tuesday

1:00pm Every Tuesday


FLEET LEASE Thursday, 10:00am


• Heavy Truck & Equipment Auction 2nd Week of Each Month

$4000 & Under Sale on the last Wednesday of every month at 9:30am

• Power Sports Sale 4th Week of Each Month

Factory Sales:

10am Thursday, CLOSED FACTORY SALE Bi-Weekly

First & Third Thursday of Every Month at 9:30am

Runs as scheduled

Contact Us for Sale Information (800) 622-7653 or (763) 425-7653 Fax: (763) 493-0310 •

(952) 445-5544 • Fax: (952) 445-6773

8001 Jefferson Hwy., P.O. Box 408 Maple Grove, Minnesota 55369-0408

4908 Valley Industrial Blvd N Shakopee, Minnesota 55379

NEWS FROM THE IOWA S TATEHOUSE Unfortunately, by the time you receive this information the Iowa Legislature could have adjourned for the year. That is the problem of having


to write articles 2 months before Street Smart hits your mailbox, but we try to keep Iowa dealers informed. You can go to our website: www. and look under legislation and we will have updated information there about legislative activity. The Iowa Automotive Recyclers Association (IAR) sponsored legislation which would require Iowa salvage auction pools to be licensed. The problem that many of you have voiced your opinion upon is (1) several of these auctions are selling wrecked or salvage title cars to the general public (2) these buyers are not licensed or regulated and there seems to be no way of tracking these purchases (3) many of these buyers are standing in the auction lanes competing for inventory or parts vehicles with licensed recyclers. IAR has worked very hard on this issue for a number of years. Those who are licensed and regulated are forced to compete with some buyers who care little about the environment and do not repair vehicles to the standards that licensed recyclers do. This measure, called Senate Study Bill 1137, failed to pass out of a Senate Transportation sub-committee on Feb. 23rd and therefore will receive no action during the 2011 legislative session. IIADA sponsored S.F. 409

which is an anti-curbstoning bill. The bill passed the Iowa senate on March 10th and as of this writing is in an Iowa House transportation sub-committee awaiting action. This measure would prohibit a person from parking a motor vehicle on a street or highway, a public parking lot, or other public property or private property where the public has the right to travel for the principal purpose and intent of displaying the motor vehicle for sale, hire or rental unless the display is specifically authorized for that location. This would not interfere with a dealer’s right to park vehicles at their own location or at fairs, etc, and it would not prohibit a private party from selling their vehicle from their own property. Municipalities and counties would be allowed to enforce these new parking restrictions and could include issuance of citations, assess fines, removal of vehicles, storage of impounded vehicles and a process for identifying a vehicles owner. The only way to stop a curbstoner is – TAKE AWAY THE CAR. Curbstoning has been a problem for a long time in the auto industry and everyone knows that curbstoners can be nasty characters - we know they jump title, do not pay use tax on vehicles they have purchased – even though that is illegal and sell vehicles without disclosing damage, accurate mileage and possibly do not disclose mechanical problems the vehicle might have.





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Movin’ On Up


Nicole Graham-Ponce has spent the majority of her working career inside the auto industry. She worked in her father’s small dealership in Lincoln, Neb., selling cars for four years. After her father passed away, she started her Manheim career in 1998 at Manheim Omaha as a dealer sales representative. She quickly was promoted to dealer sales manager and began overseeing dealer sales as well as front office operations and credit/collections. In 2000, she became the general sales manager where she added the factory, fleet/lease and MAFS departments to her already lengthy responsibilities. In 2004, Graham-Ponce accepted the position of assistant general manager of Manheim Omaha and has been involved in every aspect of the auction from sales and administration to operations and reconditioning. She has literally sat in almost every chair at Manheim Omaha during the last thirteen years. On Jan. 1, she became a regional representative for Manheim and her responsibilities now include working with four Midwest Manheim auctions: ADESA DES MOINES 1800 Gateway Drive Grimes, IA 50111 (515) 986-1200 Fax: (515) 986-1201 General Manager: Jeff Lisle Fleet/Lease Manager: Kevin Parmenter Consignment Sale every Tuesday at 9:30 a.m. Fleet/Lease Sale Tuesday 10:30 a.m. ADESA KANSAS CITY 101 S.W. Oldham Road Lee’s Summit, MO 64081 (816) 525-1100 (800) 950-2350 Fax: (816) 525-4714 General Manager: Harold Chapman Dealer Sales Manager: Tamara Kunkel Tuesday 9:30 a.m.

Manheim Omaha, Manheim Kansas City, Manheim St. Louis and Manheim Missouri. Graham-Ponce was born in Oahu, Hawaii, and the family moved to Lincoln in 1976 when her father retired after serving 23 years in the U.S. Navy. The family also lived in Pleasant Dale, Neb., where Nicole graduated from Milford High School. Later, she attended the University of Nebraska in Lincoln. She has one brother who lives in Dallas and one sister, a niece and a nephew who live in Lincoln. Her mother, whom Nicole considers her best friend, also lives in Lincoln. Nicole has been married for 10 years and her husband works as a crew leaderinterior completions for Duncan Aviation. Graham-Ponce loves to shop, workout and spend time with her family and two dogs. Manheim has been doing some restructuring during the last year and created markets within the company to better service its customers. GrahamPonce’s official title is market general sales manager. Her new position requires more travel, but she enjoys working with these four auctions and helping them grow their business opportunities. “I love our customers! I have built many relationships the last fifteen years working in the

DES MOINES AUTO AUCTION 1530 S.E. McKinley Road Des Moines, Iowa 50320 (515) 285-8911 Fax: (515)256-9161 FRIDAY AT 9:30 A.M. Todd Givant, General Manager GREATER QUAD CITY AUTO AUCTION 4015 78th Avenue Milan, Il 61264 (309) 787-6300 Fax: (309) 787-4541 Tuesday 10 a.m. – Thursday – 6 p.m. General Manager: Larry Anderson GREATER ROCKFORD AUTO AUCTION 5937 Sandy Hollow Road Rockford, Il 61109 (815) 874-7800 (800) 830-4722 Fax: (815) 874-1325 Owner/President: D.M. “Swede”Clark General Manager: Mark Capriola Wednesday 10 a.m.

ADESA MINNEAPOLIS 18270 Territorial Road Dayton, MN 55369 763-428-8777 763-428-8701 Sale: Tuesday, 10 a.m. ADESA SIOUX FALLS 46893 271st Street P.O. Box 218 Tea, SD 57064 (605) 368-5364 Fax: (605) 368-2808 General Manager: Kurt Zabel Wednesday Sale 10:00 a.m. IAAI SALVAGE SALE EVERY OTHER WEDNESDAY – 8:30 A.M. ADESA WISCONSIN W 10415 State Road 33 Portage, WI 53901 608-742-8245 608-742-4415 (f) Tony Manwarren, general manager Sale: Thursday, 9:30 a.m. DEALERS CHOICE AUTO AUCTION, INC. 503 South Wapello Road Mediapolis, IA 52637 (319) 394-3510 (888) 771-6810 Fax: (319) 394-3511 President: Monte Delzell Nationwide Transportation: EZ Auto Shoppers Steve Miller – (866) 310-5936 Fleet/Lease Manager: Kerri Wilkerson Consignment Sale every Tuesday at 6 p.m. Fleet/Lease Sale Tuesday 6 p.m. Group Sales Dealer Sales 6 p.m. as scheduled.

KCI AUTO AUCTION 11101 N. Congress Kansas City, MO 816-502-3318 816-801-8565 (f) Doug Doll Consignment Sale: Thursday, 9:30 a.m. MANHEIM ARENA ILLINOIS Manheim 200 West Old Chicago Drive Bolingbrook, Il 60440 (630) 759-3800 (630) 759-9668 General Manager: John Olejniczak Dealer Sales Manager: Louis Palermo Tuesday 9 a.m. MANHEIM KANSAS CITY 3901 North Skiles Road Kansas City, MO 64161 (800) 247-7163 Fax: (816) 452-2393 General Manager: Peggy Sprenger Dealer Sales Manager: Kevin Rhoads Wednesday 9:30 a.m. MANHEIM MINNEAPOLIS 8001 Jefferson Highway Maple Grove, MN 55369-4924 (763) 425-7653 (800) 622-7653 Fax: (763) 493-0310 General Manager: Jerry Aman Assistant General Manager: W Jon Eisenmann Fleet Manager: Tony Manwarren Consignment Sale every Wednesday at 9:45 a.m. Fleet/ Lease Sale Wednesday at 9 a.m. Daimler Chrysler Sale Tuesday 10 a.m. bi-weekly. Ford Sale Thursday 10 a.m. bi-weekly. Dealer Sale Tuesday Thunder 1 p.m. weekly (under $5K). RV Sale last Wednesday 2 p.m. Monthly.

car business and I have found there are so many good people in this business,” she said. “The auction atmosphere is an adrenaline rush and I am motivated by the excitement and challenge of winning business and providing great customer service.” Graham-Ponce is a member of the American Business Women’s Association, NIADA, IIADA, KIADA, SDIADA and the National Auto Auction Association. She is a strong advocate for the used auto dealer associations. It is apparent to those who have gotten to know her over the years of service Graham-Ponce has given to Manheim Omaha that she’s truly a professional when it comes to business operations and performance. Nicole always made sure Manheim ran like a well-oiled machine; perhaps coming from a Navy family, she inherited those skills quite naturally. Her promotion will not make her ship sail from Omaha as that will still be her home base. Moving up the Manheim ladder has been smooth sailing for Graham-Ponce as she is very dedicated to successful end results. We wish her the very best in this new adventure and we are quite sure she’ll do an excellent job.

MANHEIM MILWAUKEE 561–South Highway 41 - (27th Street) Caledonia, WI 53108 (262) 835-4436 (800) 662-2947 Fax: (262) 835-2684 General Manager: Dennis Worthy Dealer Sales Manager: Kimberly Schure Wednesay 9 a.m.

PLAZA AUTO AUCTION, INC. 320 Highway 30 West   P.O. Box 147 Mt. Vernon, IA  52314 (319) 895-6232 Fax: (319) 895-6727 Owner: Mark Greb Office Manager: Debbie Welsh Becky Thuerauf: Fleet/Lease Administration Connie Van Ginkel: Consignment Manager Consignment Sale every Wednesday at 6:30pm. Fleet/Lease/Repo Sale Wednesday at 7pm.

MANHEIM MISSOURI 2944 W. Sunshine St. Springfield, MO 65807 417-882-1666 417-882-0811 (f) Lance Reid, general manager Sale: Thursday, 9 a.m. MANHEIM NORTHSTAR MINNESOTA 4908 Valley Industrial Blvd. North Shakopee, MN 55379 (952) 445-5544 (888) 445-2277 Fax: (952) 445-6773 General Manager: Jerry Aman Thursday 9 a.m. MANHEIM OMAHA 9201 S. 144th Street Exit 440 off of I-80 Omaha, NE 68138 (402) 896-8000 (800) 218-4192 Fax: (402) 896-6758 General Manager: Todd Pfeifer Assist. Gen Manager: Korey Grell Thursday 9:30am.

MANHEIM ST. LOUIS 13813 St Charles Rock Road Bridgeton, MO 63044 (314) 739-1300 (800) 533-5414 Fax: (314) 298-3347 General Manager: Mike Goodsell General Sales Manager: Chuck Wickley Tuesday 9 a.m. TRI-STATE AUTO AUCTION Jct. Highway 11 & 80 P.O. Box 735 Cuba City, WI 53807 (608) 744-2020 (608) 744-3418 (800) 356-0625 Fax: (608) 744-7425 Owners/Managers: Gerald and Helen Brogley Thursday 6:30 p.m. TRI-STATE AUTO AUCTION OF CHICAGO 14001 S. Karlov Crestwood, Il 60445 (708) 389-4488 Fax: (708) 389-4558 COO: Gregg Kobel General Manage/Owner: Larry Hero Wednesday 10 a.m.

MID-STATE AUTO AUCTION 100 Bach Ave. New York Mills, MN 218-385-3777 218-385-3232 (f) Rob Thompson, president Sale: Friday, 10 a.m. MISSOURI AUTO DEALERS EXCHANGE 5912 Mitchell Ave. St. Joseph, MO 64507 816-232-7653 816-232-3019 (f) Pam and Scott Wall Consignment Sale: Wednesday, 5:45 p.m.

WEST CENTRAL AUTO AUCTION P.O. Box 700 I-80 Exit 117 3277 Ute Avenue Waukee, IA 50263 (515) 987-1700 (800) 987-7778 Fax: (515) 987-3005 Owner: Frank Scaglione Sales: Phyllis Fasbender Consignment Sale every Thursday at 9:30 a.m.

NEBRASKA AUTO AUCTION 7500 N. 56TH St. Lincoln, NE 68514 402-466-8477 402-466-7932 (f) Dave LaFleur Consignment Sale: Tuesday, 10:30 a.m.





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We’ve heard the FTC will soon announce the first stop of its listening tour. It’s supposedly to be Detroit on April 12. Other cities will be on the tour, but the FTC has not settled on the other dates and locations. This month’s CARLAWYER article features developments in Washington and a couple of interesting court decisions. First, the Washington stuff On February 17, the Federal Reserve Board announced that has sent letters to approximately 2,500 finance companies urging their participation in its Survey of Finance Companies. The assets and liabilities of finance companies have been surveyed by the Federal Reserve at roughly 5-year intervals since 1955. The data provide a benchmark for the Federal Reserve’s monthly report on the outstanding accounts receivable of finance companies and provide a comprehensive update on these companies’ sources of funds. Although it does not formally assume any regulatory authority until July 21, 2011, the Consumer Financial Protection Bureau has launched its website, www. The website explains the CFPB’s mission and invites consumers to share their stories and suggestions for the new agency. The website includes a video that explains the causes of the financial crisis and how the CFPB will be a “cop on the beat” to protect consumers going forward. The website includes a link to the CFPB’s blog, as well as its accounts on Facebook, Twitter, and YouTube. Notably, the website also includes Professor Elizabeth Warren’s daily calendar. If you haven’t seen this website yet, you ought to visit it, mark it as a “favorite,” and check it often. We have heard that the FTC will soon announce the first stop of their “listening tour.” We hear that it will be Detroit on April 12th. The tour will visit other cities, but the FTC has not settled on those dates and locations.  We understand that they are still considering California and Texas and possibly the D.C. metro area (probably because it’s a fairly inexpensive option for them).  You can bet that consumer advocates will show up in droves in an effort to get as much anecdotal evidence of dealer misconduct in front of the FTC as possible. The media will likely attend, too. Industry voices need to be heard, as well, so make plans to attend an “tour stop” near you. 

On February 1, the Federal Reserve Board announced that it will not issue final regulations on three proposals to revise the Truth in Lending Act mortgage rules, including a proposal to revise credit protection product disclosures for all types of credit. These regulations would have required a rewrite of every retail installment sales contract and a reprogramming of every dealer computer. Instead, the Board will defer to the Consumer Financial Protection Bureau, which assumes TILA rulemaking authority on July 21, 2011 under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposal to revise credit protection products was issued in September 2010 as part of a proposal to amend the mortgage rules. The proposal would significantly revise disclosures for credit protection products (e.g., credit insurance and debt cancellation products) and would apply to all types of credit. The Dodd-Frank Act transfers TILA rulemaking authority for nearly all creditors from the Board to the CFPB. The Dodd-Frank Act also directs the CFPB to combine disclosure requirements under TILA and the Real Estate Settlement Procedures Act. The Board felt that it would not be in the public interest to proceed with the pending mortgage proposals when the CFPB will have to amend the TILA mortgage rules again. The Board acknowledged that numerous amendments to the mortgage rules with different implementation dates would create compliance difficulties. Three court opinions this month looked like they’d be particularly interesting to dealers. Here they are –

V  Arbitration Denied Where Class Action Waiver Would Prevent Plaintiffs from Obtaining Competent Counsel: Payday borrowers filed a class action against their payday lender and its owners for violating Florida law. The defendants moved to compel arbitration, and the plaintiffs opposed the motion, claiming that the class action waiver in the arbitration agreement was unconscionable and/or violated public policy. After hearing evidence that competent counsel would not represent individual plaintiffs on

THREE COURT OPINIONS THIS MONTH LOOKED LIKE THEY’D BE PARTICULARLY INTERESTING TO DEALERS. small payday lending claims, the trial court denied the motion to compel arbitration. The Court of Appeals of Florida affirmed, finding that the class action waiver in this case prevented consumers from vindicating their statutory rights “[b]ecause … individual plaintiffs cannot obtain competent counsel without the procedural vehicle of a class action.” The appellate court also certified to the Florida Supreme Court the following question: “When asserted in a claim involving a violation of FDUTPA or another remedial statute, does a class action waiver in an arbitration agreement violate public policy when the trial court is persuaded by evidence that such a waiver prevents consumers from obtaining competent counsel?” See McKenzie v. Betts, 2011 Fla. App. LEXIS 1044 (Fla. App. February 2, 2011).

V Court Allows Buyer’s Claims to Proceed Against Dealership’s Owner After Spot Delivery Unwound: After a car dealership unwound a spot delivery because the financing source was unable to verify certain representations in connection with the customer’s application and withdrew its preapproved financing, the dealership asked the customer to return the vehicle. When the customer refused, the dealership sued her for replevin and breach of contract. The customer counterclaimed against the owner of the dealership, who allegedly made threatening phone calls to the customer related to the return of the vehicle, asserting a claim for conversion. The trial court dismissed the counterclaim, but the Florida Court of Appeals reversed. The appellate court noted that Florida law allows a counterclaim for conversion where the defendant in a replevin action alleges $0/5*/6&%0/1"(&





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Used Auto Prices Reduced After 30 Days that the replevin was wrongful, even after the trial court grants a prejudgment writ of replevin. The appellate court found that the customer alleged sufficient facts to support her ownership claim, through a copy of the signed RISC and testimony that the dealership assured her that financing had been approved. The appellate court also found that the owner wrongfully exercised dominion over the vehicle – inconsistent with the customer’s ownership – by threatening to have the customer arrested if she did not return the vehicle. See Edwards v. Landsman, 2011 Fla. App. LEXIS 45 (Fla. App. January 12, 2011).

V Dealership and RISC Assignee Liable for Deceptive Trade Practices Where “Certified,” “Low-Mileage” Vehicle Contained Switch that Stopped Odometer: A dealership sold car buyers a used vehicle that they were told was a “GM certified,” “low-mileage” vehicle. The vehicle had 36,578 miles on it at the time of sale. After the buyers noticed that the vehicle contained a switch that caused the speedometer and odometer to stop functioning, they sued the dealership and the assignee of their retail installment contract. A jury found in favor of the buyers, and the trial court entered judgment against the defendants for $8,795 and cancelled the purchase agreement. The Court of Appeals of Texas affirmed, rejecting the defendants’ argument that there was insufficient evidence to support the jury’s findings of violations of the Texas Deceptive Trade Practices and Consumer Protection Act. The appellate court found that there was sufficient evidence for the jury to conclude that the dealership had not inspected the vehicle as it said it had in connection with the GM certification process and, therefore, “engaged in false, misleading, or deceptive acts or practices by representing that the [vehicle] had characteristics that it did not have and that it was of a particular quality when it was not.” See Mac Haik Chevrolet Ltd. v. Diaz, 2011 Tex. App. LEXIS 668 (Tex. App. January 27, 2011). So there you are! Check back with us next month for the latest from your friendly legal beagles. Tom and Nikkinmunro@hudco. com are partners in the law firm of Hudson Cook, LLC. Tom is the author of several books that are available at Tom is also the publisher of Spot Delivery®, a monthly legal newsletter for auto dealers, and the Editor in Chief of CARLAW®, a monthly report of legal developments in all states for the auto finance and leasing industry (not to be confused with the book). Nikki is a contributing author to the F&I Legal Desk Book and frequently writes for Spot Delivery. Spot Delivery, CARLAW and the books are produced by LLC. For information, call 410865-5411 or visit Copyright 2011, all rights reserved. Single publication rights only, to the Association. (2/11). HC# 4843-3933-9272.

More than 50 percent of used vehicles listed for more than 30 days have at least one price drop, according to a study released in late February by leading online automotive community Think about the top concerns your customers have when shopping for a used car: previous damage, maintenance, ownership history, and of course, price. Tools like Carfax Vehicle History Reports are readily-available through various mobile devices to verify this important information and bid with confidence. Having your mobile device handy helps you tie it all together quickly and successfully acquire the right cars for your lot. Today’s mobile devices provide access to information that brings transparency and process effi ciency to dealers. The possibilities mobile is opening up for our industry are truly extraordinary – and in the current economic climate, leveraging new and user-friendly technology is key to moving more cars and saving money in the process.

PRODUC T DISCOUN T S FOR NIADA MEMBERS NIADA members can save up to 29 percent on select FedEx® shipping services. For more information or to enroll in this program, visit niada or call 800-636-2377 (8 a.m.–6 p.m. Eastern, Mon.-Fri.). Renting a car just became easier and economical with the new Thrifty Car Rental Discount Program for NIADA members. Visit &PromotionCode=NIADA to receive a 5 percent discount off Thrifty’s already low rates anywhere or any size vehicle in the U.S. A 24-hour advance reservation is required and reservations can only be made through this URL or via the link on the NIADA website. Offer is valid for travel until Dec. 31, 2011. AutoZone is the leading retailer and a leading distributor of automotive replacement parts and accessories in the United States with over 4,350 stores across 48 states, the District of Columbia and Puerto Rico. NIADA members have access to AutoZone’s “hot-shot” delivery program including discounts on more than 750,000 product level SKUs in over 70 distinct product categories. For more information, view

IRS Offers Helpful Auto Dealer Tax Tips Confused about what the Internal Revenue Service requires from dealers at tax time? Don’t worry, as the IRS has an entire section of its website dedicated to automotive businesses. We’ve included a few tips here. As most dealers already know, the IRS requires each person engaged in a trade or business who, in the course of conducting that trade or business, receives more than $10,000 in cash in one transaction or in two or more related transactions must file a Form 8300. The agency recommends filers should keep a copy of each Form 8300 for five years from the filing date. Form 8300s should be filed by the 15th day after the date the cash was received. The form should be filed on the next business day if that date falls on a Saturday, Sunday or legal holiday. The filer must give a written statement to each person named on a required Form 8300 on or before January 31 of the year following the calendar year in which the cash is received and a copy of this statement kept for your records. Changing your accounting method? That generally requires IRS approval. To get approval, you must file Form 3115, Application for Change in Accounting Method. A change in your accounting method includes a change not only in your overall system of accounting but also in the treatment of any material item. If you finance the purchase of your property, instead of having the buyer get a loan or mortgage from a third party, you probably have an installment sale. It is not an installment sale if the buyer borrows the money from a third party and then pays you the total selling price. FO R MO RE I N FO RMATI O N, VISIT WWW.I RS.GOV


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GUIDE TO RECORD RETENTION FOR AUTO DEALERS Many of you have asked for information on the number of years you keep various documents within the dealership. The following guideline was put together several years ago and is included in your dealer education manual, too. Additional information can be found on the IRS website at and your accountant should also be able to provide you with more helpful advice.



Audit Reports Permanently Accounts Receivable or Payable Ledger 8 years Bank Statements & Reconciliations 5 years Canceled Checks-Payroll & General 5 years Canceled Checks-for purchase of assets 5 years Capital Stock Book Permanently Cash Disbursement Journal 8 years Cash Received Journal 8 years Expense Reports 6 years Expense Ledger 8 years Financial Statements 8 years (retain permanently if there are no audit reports) General Ledger & Journal Permanently Inventory Records 8 years Notes Receivable Ledger 8 years Parts, Accessories and Service Sales Journals 8 years Payroll Earnings Records 5 years Payroll Journal 5 years Payroll Time Cards 3 years Petty Cash Vouchers 3 years Petty Cash Summary Envelope 3 years Prepaid and Accrued Expenses Journal 3 years Subsidiary Ledger 8 years Trial Balances 8 years Vouchers â&#x20AC;&#x201C; Vendors or Employees 8 years

VCorporate Articles, By-Laws, Minutes and other corporate records Permanently

VCorrespondence General Legal and Tax

10 years Permanently

VOperations Accident Reports Bills of Lading Car Invoices Car Purchase Orders Credit Applications â&#x20AC;&#x201C; denied Credit Card Slips Customer Files Damage Disclosure Statements Employment Applications Terminated Hired Insurance Policies, expired Internal Repair Orders Junking Certificate Odometer Statements OSHA Records Purchase Orders Repair Estimates Repair Order Check Sheet Repair Order Retail Installment Contract, assigned Retail Installment Contract, not assigned Sales Invoices Service Contracts/Extended Warranties Shipping and Receiving Reports Vendor Invoices

6 years 10 years 6 years 10 years 25 months 1 year 10 years 5 years 3 years 3 years past termination 4 years 3 years 3 years 5 years 6 years 6 years 9 months 2 years 6 years 10 years 10 years past expiration 6 years 10 years past expiration 6 years 6 years

VTaxes Form 8300 - $10,000 Cash Reporting Form Income Tax Returns Federal & State IRS Audit Results Unemployment Tax Returns Federal & State Withholding Tax Returns Federal & State Withholding Tax Statements

5 years Permanently Permanently 5 years 5 years 5 years





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This past holiday season, surveys and statistics showed what many analysts and industry observers were thinking: mobile commerce is growing by leaps and bounds, and every industry is in on the trend, including automotive.

In 2011, smartphones are forecasted to account for half of the mobile phone market, according to The Nielsen Co. On top of that, an ABI Research report says mobile online shopping will generate $119 billion in sales by 2015, accounting for 8 percent of the e-commerce market. When car dealers make it easy for their business to be found through a mobile web browser, loyalty campaigns, marketing initiatives, text promotions and sales can attract and retain customers. What are consumers browsing with their smart phones? The same types of items they started browsing on computers: researching purchase decisions, cost comparisons and finding the location of physical items. Recently, eBay reported a substantial increase in mobile traffic, where sales more than tripled in 2010 to near $2 billion in gross merchandise volume. Last year, vehicle purchases led all categories on eBay mobile applications in terms of GMV, while parts and accessories were number two in terms of the total number of items purchased. Dealers know when they have a physical lot, customers still come to kick the tires when the sales office is closed. Now, today’s consumer might still come to the lot, but he or she will also pull out a smart phone, check the hours of the dealership and research the same make and model for competitive pricing. The same thing is happening even if the consumer doesn’t drive to a physical lot. A consumer may be in his garage working on a car and need to find a part or accessory. Instead of going inside and turning on the computer, he’s browsing his smart phone to find the part, price and local availability. Just as e-commerce has completely changed the way we do business, wireless devices and smartphones are again altering what we know about consumers’ purchasing behaviors. Seeing similarities in mobile commerce and e-commerce, auto dealers ask themselves a familiar question:

would anyone really buy a car from their smart phone? In 2010, more than $118 million in car and truck purchases were made via the eBay mobile application – more than 12,600 vehicles were sold. Parts were the second biggest category in mobile last year, with more than 911,722 parts purchased, and more than $60 million in sales. For independent dealers, mobile applications and mobile commerce are the must-have digital tools of 2011. With smartphones capable of surfing, downloading apps and co nnecting with coworkers and friends in an instant, researching and shopping for vehicles, parts and services is a natural extension. For example, a business traveler waiting at an airport may use that downtime to look for a needed part for his car or browse available vehicles for a new truck. If an independent dealer’s inventory is not readily available on a mobile app, chances are there’s an entire customer segment that may not see what’s for sale. A recent ForeSee Results survey found 30 percent of consumers used a mobile phone to research products on the Internet, compared with 11 percent in 2009. Those making a purchase through a mobile phoWWne increased from 2 percent in 2009 to 11 percent in 2010. For example, Tilo Steurer, founder and owner of Eurocar, the West Coast’s largest independent dealership of its kind, sells and buys vehicles and regularly uses eBay’s mobile app to buy cars, parts and accessories. “I purchase anywhere from five to 10 cars every month, most of the time through the eBay mobile app,” Steurer said. He also uses the eBay mobile app to keep track of his business while not in the office. With any form of sales – online, mobile or in-store – customers consider the credibility of the seller and business before making a purchase. Building that credibility takes consistent communication, which is made easier when dealers can keep in touch through mobile and online sources. “Communication is very important, especially when making an expensive online purchase such as a luxury car,” Steurer said. “With the eBay mobile app, I can re-

spond more quickly to customer questions, which builds credibility and increases the opportunity for a sale.” To accommodate this growing trend, eBay Motors is launching a mobile app that will provide a customizable buying experience optimized for vehicles, parts and accessories, as well as unique social and community features for the enthusiast. 

FOR DEALERS, HAVING PARTS, ACCESSORIES AND VEHICLES AT A CONSUMER’S FINGERTIPS IS AN IDEAL WAY TO EXTEND MARKETING AND SALES WITHOUT A LOT OF DEVELOPMENT AND TECHNICAL EFFORT. Features include VIN scanning and a virtual garage to give enthusiasts personalized information. After searching for a vehicle, users can share it with friends and social networks or ask the seller a question. Users can create “car cards” for their vehicles which display photos and stats about the vehicle and can be used in searches for parts and accessories. On the garage tab, consumers can input and store the vehicles they own or scan the VIN barcode with the iPhone’s camera to populate information. In the garage, car owners can create to-do list for vehicle projects, store custom parts searches and share the garage with their social network. For dealers, having parts, accessories and vehicles at a consumer’s fingertips is an ideal way to extend marketing and sales without a lot of development and technical effort. Mobile commerce is still in its infancy but is growing at a faster pace than e-commerce. With the Internet available wherever consumers are with their smart phones, it’s only a matter of time before mobile commerce becomes a dominant form of purchasing. Because of the similarities to e-commerce, consumers are quickly adopting m-commerce and expecting businesses to be on board.


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FEDERAL ADVOCATES LOBBYING REPORT Federal Advocates is NIADA’s governmental advocacy partner. To read past lobbying reports, visit




V112th Congress Issues On Feb. 3, Federal Advocates met with NADA to discuss upcoming issues for the 112th Congress and various pending matters. As we jointly see it, the issues for Congress are fuel economy and green gas within the context of energy legislation, the Consumer Financial Protection Bureau and its mandates, the Toyota Safety Bill (which we both believe is dead), possible Congressional oversight that may impact the industry and the National Highway Traffic Safety Administration reauthorization effort (a priority of Sen. Jay Rockefeller, D-WV, who’s chairman of the Senate Commerce Committee). Harrington also mentioned a General Accounting Office study (see separate heading) which Rep. Ed Towns, D-NY, and chairman of the 111th Congress House Governmental Affairs Committee, requested on section 310 of the Senate Toyota bill. It would’ve required dealers to provide info to buyers on a vehicle’s history. Lastly, we both agreed it’s important to continue monitoring relevant activity of the FTC. VConsumer Financial Protection

Bureau Meetings

On March 4, NIADA General Counsel Keith Whann and Federal Advocates will be meeting with Holly Petraeus, director of the Consumer Financial Protection Bureau’s Office of Service Member Affairs, to introduce NIADA and to discuss various auto industry issues related to the newlycreated CFPB. In addition, a meeting request is pending with Richard Cordray, CFPB general counsel, to discuss various consumer auto issues and the soon-to-be appointed Consumer Advisory Board.

VSBA Floorplan Financing Program The federal government relaunched its suspended floorplan financing program for small dealerships, this time with loan limits of $5 million rather than $2 million. The Small Business Administration’s new rules, which addressed nuts-and-bolts questions of how the financing will work, were published online in the Federal Register on Feb. 8. The Obama administration began a pilot floorplan program in May 2009 during the depths of the recession, but it never got off the ground because of banks’ reluctance to extend credit. A law enacted

in September 2010 increased the loan limits and in October, the SBA adopted a rule expanding eligibility for the program to the majority of dealerships. The SBA also suspended the program in October and has been working since with lenders in an attempt to increase their participation. The pilot program will continue through September 2013. To address various issues related to the program, a conference call was held with Whann, and the SBA’s Steven Smits, associate administrator, and Patrick Kelley, senior advisor, Office of Capital Access.

VDepartment of Defense Pam McClelland, a DOD senior program analyst, has taken over for Dave Julian and Frank Emery in the Office of Military Community and Family Planning in the Office of the Deputy Undersecretary of Defense. Per a conversation with her on Feb. 15, NIADA will send information to her, at her request, on how the association can assist service members in purchasing pre-owned vehicles. Pending her review, a meeting or conference call will be scheduled with Whann. VGAO Study The GAO review was requested by Rep. Towns earlier last year that focused on the auto safety recall process. As part of the review, GAO is speaking with all of the stakeholders in the process such as dealerships and dealership representatives. GAO’s audit work is nearing its completion and GAO is due to issue the report on June 15. Pending that, Jim Leonard, an analyst with the GAO’s Physical Infrastructure Team, has discussed with NIADA its views on the issue and the role of pre-owned vehicle dealerships. NIADA’s Mike Linn and Whann discussed this issue with Jim Leonard and other analysts of the GAO earlier this month. VWhite House Meeting Scheduled A March 4 meeting with Steve Croley, special assistant to the President for Justice and Regulatory Policy in the Office of Domestic Policy, has been scheduled to introduce the association to the administration and to provide a briefing on its views on auto consumer issues.





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Sorting Through Exceptions to the Risk-Based Pricing Notice The FTC’s risk-based pricing notice requirements became effective Jan. 1. To comply with these requirements, dealers

must alert consumers when they are getting different credit terms than others based on credit information. The good news is the requirements give options for how and when you provide the notice. That’s also the bad news because the options and exceptions can make it difficult to figure out if you’re in compliance. To help you sort through the maze, here are some of the important exceptions and how they apply to you.

Your dealership doesn’t need to provide a notice if: tYou don’t do risk-based pricing of credit terms. This applies if every consumer whose application is approved is offered credit on the same terms. tYou don’t use credit reports in any way to make a credit decision. If your dealership directly contacts employers and other references and is not otherwise using any third party information, then the risk-based pricing notice is not required (it sounds rare, but there are dealers who qualify for this exception).

A notice isn’t required for a specific transaction if: tThe credit requested is not for a consumer purpose (personal, family or household use). tThe transaction is a consumer lease. tThe consumer applies for a specific credit product and is approved for those terms. tYou offer specific terms to a pre-screened group and extend credit on the offered terms to one of them. tThe consumer is a co-signer (which is different from a coborrower), guarantor, surety or endorser in the transaction.

Independents Remain Profitable in Challenging Environment Our team at Manheim Consulting had the pleasure of interviewing NIADA President Anthony Underwood for a question and answer session discussing the state of the used vehicle market from the perspective of independent dealers as we compiled the recently released, 16th annual Used Car Market Report (UCMR).

Underwood framed the challenges facing independent dealers in a way that confirmed what our data was telling us: independents are encountering higher prices for inventory at the wholesale level and finding fewer pre-owned vehicles in the marketplace. In response, these dealers are focusing on sound inventory management practices, and using all available sales channels – including online – to source just the right inventory to meet their customers’ needs. We examined these and other trends in the UCMR, which is Manheim’s annual analysis of the forces shaping the used auto industry. As part of the ManheimNIADA Dealer’s Edge partnership, I’m happy to let you know you can download the entire report free of charge by taking a very brief survey at As a comprehensive analysis of the trends shaping the automotive industry, the 2011 UCMR contains much more valuable information pertaining to independent dealers, as well as chapters on other aspects of the industry, including rental, leasing, fleets, repossessions and salvage. I encourage NIADA members to download their free copy of the UCMR, and as always, please e-mail me any time with your questions. BY TOM WEBB Tom Webb is chief economist for Manheim Consulting. Contact him at Thomas., follow him via Twitter at Manheim and read his blog at

tThe consumer’s application is denied and you provide an adverse action notice. tYou provide the consumer with the credit score disclosure instead of the risk-based pricing notice. The disclosure is an alternative form authorized by the regulations. If you use it, you must provide it to all consumer applicants instead of providing a risk-based pricing notice only to the portion of applicants who are not receiving your most favorable credit terms. It is likely some of these exceptions apply to your dealership and its transactions. Before relying on an exception, review the regulation or discuss it with your legal counsel to be sure you implement it correctly. The regulation can be found at 16 CFR §§ 640.1-.6. BY CH I P ZYVO LOSKI Chip Zyvoloski is senior attorney for indirect lending at Wolters Kluwer Financial Services. For more information, visit www.





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