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J U N E 2 0 2 2 • M I D AT L A N T I C AU TO D E A L E R S U N I T E D. O R G

MIDATLANTIC

DEALER NEWS

H I G H L I G H T I N G P E N N S Y L V A N I A • M A R Y L A N D • D E L A W A R E

CATALYTIC CONVERTER THEFTS CONTINUE TO RISE LEGISLATIVE UPDATE

A Guide to Grassroots Advocacy for PIADA Members

Bel Air Auto Auction 75th Anniversary Sale! COMPLIANCE ALERT

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10 Things a Car Salesman Should Know

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PLUS

Maryland |D ia | n va lantic Reg

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Broken Vehicle Recall System Puts Unsuspecting Dealers at Risk

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MIDATLANTIC AUTO DEALERS UNITED 1501 North Front St., Harrisburg, PA 17102

Meet this Year’s State Quality Dealer of the Year Award Winners: James Makia and Bert Straub

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MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 1

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JUNE 2022 | CONTENTS

The official magazine of the

MIDATLANTIC INDEPENDENT AUTO DEALERS ASSOCIATION

PENNSYLVANIA • MARYLAND • DELAWARE 1501 North Front St., Harrisburg, PA 17102 (717) 238-9002 midatlanticautodealersunited.org Copyright 2022 Chris Smiley - Advisor Mountville Motor Sales, Columbia, PA rcsmiley@comcast.net Noah Melamed- President Ticket to Ride Auto, Lancaster, PA nmelamed@yourttr.com Bert Straub, President - Elect 1st Choice Auto LLC, Fairview, PA bertcstraub@gmail.com John DeFilippo - Treasurer DeFilippo Bros. Motorcars, Prospect Park, PA john.m.defilippo@gmail.com Clint Weaver- Secretary America’s Auto Auction Harrisburg, Mechanicsburg, PA clint.weaver@americasautoauction.com Tom Hodges, Vice-President Tom Hodges Auto Sales, Hollywood, MD tom@tomhodgesauto.com Dan Limongelli, Vice-President Jo Dan Motors, Plains, PA jodanmotors@gmail.com Michael Mansour, Vice-President Car Connection, Inc., New Castle, PA mike@carconnection1.com Beth Melamed, Vice-President Ticket to Ride Auto, Lancaster, PA bmelamed@yourttr.com Tom Brandis • tombrandis@netscape.net Advantage Auto Sales & Credit, Quakertown, PA Lisa Cohowicz • lisac@nepautoauction.com North East Pennsylvania A/A, Scranton, PA Jeff Dreier • dreierauto@hotmail.com Dreier Auto Sales, Shavertown, PA April Hollobaugh • ajautosalestitusville@gmail.com A&J Auto Sales, Titusville, PA Kevin Luring • k.luring@yahoo.com ADESA PA, York, PA James Makia • james@exclusivemotorcarsmd.com Exclusive Motorcars, Randallstown, MD

FEATURES 4 | Catalytic Converter Thefts Continue To Rise States are passing bills with new penalties and requirements for scrap metal dealers who buy used converters. Once a crime mostly relegated to the deep of night on dimly lit streets with single-owner vehicles, thieves have gotten much more brazen over the past few years, targeting dealership and fleet lots more frequently. 6 | Bel Air Auto Auction 75th Anniversary Sale! Bel Air celebrated their 75th anniversary in April and raised $100,000 for the American Cancer Society. 8-9 | MARIADA State Quality Dealers of the Year Highlight The State Quality Dealer Award recognizes outstanding member business operators who excel not only in their dealership but in the community. Meet this year’s award recipients! 10 | 10 Things a Car Salesman Should Know Things have been changing in the car business very rapidly over the past few years, but these remain to hold true and probably will as long as we are selling cars for a living. You could call them commandments or the basic rules of being a car salesman. Regardless of what you call them you must not forget these golden rules for car sales success. 19 | Broken Vehicle Recall System Puts Unsuspecting Dealers at Risk Between 20% to 25% of all vehicles on the road have one or more open safety recall at any given time. However, government databases have an approximate 30% error rate, leading many auto dealers to unknowingly purchase and sell vehicles with open safety recalls. 20 | NIADA Convention & Expo Reminder! Join us for the used auto industry’s most important conference. This time in Las Vegas from June 20-23.

DEPARTMENTS 2 | 14 | 17 |

18 | 20 | 22 | 24 |

Message from the President: The CarLawyer© Legislative Update: A Guide to Grassroots Advocacy for PIADA Members

Auction Directory NIADA Convention Notice Membership Application Order Form for Dealership Supplies (PA & MD)

Dan McNamee • dtlcars@aol.com Daniel Thomas Auto Sales, Croydon, PA Gregg Pachik • gregg.pachik@manheim.com Manheim Philadelphia, Hatfield, PA Kerri Rotunda • kerrir@corryade.com Corry Auto Dealers Exchange, Corry, PA

MIDATLANTIC INDEPENDENT AUTO DEALERS ASSOCIATION SPONSORS

George Smouse • gasmouse@zoominternet.net Smouse Trucks & Vans, Mt. Pleasant, PA Steve Worley • worleymotors@hotmail.com Worley Motors, Enola, PA Jay Zimmerman • jay@zimmermansauto.com Zimmerman’s Auto Sales, Mechanicsburg, PA WOULD YOU LIKE TO RECEIVE A DIGITAL EDITION OF THE MIDATLANTIC DEALER NEWS MAGAZINE? Email shannon@piada.org MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 1

q PRESIDENT’S MESSAGE

As independent auto dealers we also take pride in the work we do and our communities, and this is noteworthy work that attracts customers. We honor the role we play as small business operators.

NOAH MELAMED PRESIDENT MIDATLANTIC REGIONAL IADA OWNER, TICKET TO RIDE AUTO SALES FINANCE, LANCASTER, PA As a young financial advisor in Philadelphia, I had a client who was an exceptional florist in Center City. He was the go-to guy for any big event in the city. Any time I sat down with him, he would draw my attention to the things he did for his clients. He went to great lengths to make sure every client was satisfied with his services, even if it meant he had to put more into the job than he had originally anticipated. That always struck me. Here was this incredibly successful guy with a seemingly unlimited supply of work, and he made sure he was giving the best experience possible to each and every client because he knew that it was the right thing to do and having that reputation would drive his business. It was obvious that he saw this as the main contributor to his success. And, likewise, this is how successful independent auto dealers treat their customers. I bring this up for a number of reasons. We are living through unprecedented times. Availability of vehicles is as low as we've ever seen, pushing prices up and up and up. Most of us are not only competing with the mega dealers of the world but also your local franchise dealers. We are all used car dealers now, and the pressure is on everyone. That does not mean we can let our standards decline. The care for our customers that we have embedded into our culture as dealers is what will separate us from the herd.

To our customers it is what separates us from the manufacturers and large national chain dealers. We are deeply invested in our communities, often taking part in local events, working with organizations that support those in need, supporting our local fire and police departments while giving back in any other way we can on a daily basis. We approach our customers the way we would want to be treated if we were in their shoes. We back our vehicles, we don’t price gouge and we don’t force customers into products they don’t need. That’s a huge part of why many of us see customers coming back over and over again and we generate much of our new business from referrals. This is the kind of approach that keeps us going and will ensure our success long into the future. Our service to the customer and community are important because the CFPB, FTC and state AG offices are interested in things like advertising, the circumstances around repossessions, deceptive loan practices, overcharging for add-on products and improper disclosure of add-on products being sold. I recently had the pleasure of sitting down with a PA Department of State inspector during my bi-annual audit. I was shocked to hear about some of the complaints and sheer negligence that were coming across his desk with reference to car dealerships in the state. Many of these complaints appeared to be without regard for the customer such as passing emissions on cars with no catalytic converters or suggesting that the customer have their car repossessed so they can buy another vehicle. I understand the small percentage of dealers that are

2 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

generating this attention are outliers because this isn’t the community of dealers I know. Those dealers that are known in their communities for doing what’s right by the customer are often outside of the regulatory radar and have peace of mind when the inevitable officer comes knocking.

We all care about our customers and communities. Without them we wouldn’t have the great pleasure of being in this industry. Whether you are a 10 unit or 100 unit a month dealer, having your customer’s needs and best interests in mind will serve you better than any advertising campaign or new software. We work in a complicated business during even more complicated and volatile times. Being a member of MARIADA gives you a front row seat to the latest in national and state regulation as well as access to experts who can make sure you are handling your customers compliantly and your business is beyond reproach. If you are not a member of MARIADA, please contact our team today to learn how to become a member and about all of the invaluable services offered through your membership. If you are a member and need to learn more about what you should be getting out of your membership, please contact your association team to schedule a consultation. Finally, if you are interested in becoming more informed, more involved and a steward of our industry, please inquire about joining our board of directors. We are pushing for a brighter and better future for independent dealers in the Mid-Atlantic region. n

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COVER STORY

Catalytic Converter

THEFTS

Continue To Rise

States are passing Bills with new penalties and requirements for scrap metal dealers who buy used converters.

atalytic converter thefts are at historic highs. During the worldwide pandemic, auto parts thieves have been going wild and catalytic converters top the list of their targeted items. Once a crime mostly relegated to the deep of night on dimly lit streets with single-owner vehicles, thieves have gotten much more brazen over the past few years, targeting dealership and fleet lots more frequently. In late January, auto parts thieves in Detroit managed to nab more than 20 converters off the city’s school bus fleet. Using a saw, thieves can steal in a matter of minutes, thousands of dollars’ worth of precious metals inside a catalytic converter. The pandemic exacerbated an already existing issue, the shortage of the precious metals rhodium, platinum and palladium, used in the converters.

BY CEE LIPPENS for much higher dollar amounts to reclaim the precious metals inside.

Thefts of catalytic converters more than quadrupled in 2021, driven by the rise in price of precious metals. “Thieves can easily remove these expensive parts from cars and then sell them to recyclers for hundreds of dollars depending on the car’s make and model,” said Department of Insurance and Financial Services (DIFS) Director Anita Fox in a release. “In addition to replacing the expensive converter itself, the damage caused by these thefts can be extensive.”

The supply chain crisis has caused a roller coaster of spikes in prices for all 3 metals. Platinum, for example, can be worth up to nearly $1,000 an ounce. Palladium’s value has increased from $1,536 in 2019 to $2,690 today. The value of rhodium rose from $14,500 an ounce in December 2019 to a scorching high of $27,000 in March 2021 to settle at around $19,000 today. Thieves can expect to get anywhere from $50 to $300 if they sell the converters to scrap yards, which then sell them to recycling facilities 4 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

Catalytic converter thefts more than quadrupled in 2021. A report by BeenVerified estimated there were 65,398 thefts nationwide—a 353% increase from all reported thefts of catalytic converters in 2020. And 2020 beat out 2019 for the previous most reported thefts in a year by a wide margin. According to the National Insurance Crime Bureau (NICB) there were 14,433 catalytic converters reported stolen in 2020 and only 3,389 thefts reported in 2019. From July 1, 2020, to June 30, 2021, claims filed for catalytic converter theft grew close to 293% nationwide, reaching 18,000 instances as compared to the 12 months prior estimate of 4,500, according to new claims data from State Farm.

“Vehicle thefts, car jackings, and breakins are all crimes we’ve witnessed trending upward for several months, and now catalytic converter thefts are also on the rise,” said David Glawe, President and CEO of NICB. “We have seen a significant increase during the pandemic. It’s an opportunistic crime. As the value of the precious metals contained within the catalytic converters continues to increase, so do the number of thefts of these devices. There is a clear connection between times of crisis, limited resources, and disruption of the supply chain that drives investors toward these precious metals.” For victims of the thefts, the costs of replacing a stolen catalytic converter can easily top $1,000, to even $3,000 and make their vehicle undrivable for days or weeks as they wait for parts and installation. “I am sick to my stomach,” a Chandler, Ariz. resident wrote on social media in early March. “Someone came between 8 p.m. last night and 5 p.m. today and cut out our catalytic converter of my Tundra. Toyota said there are so many thefts the last few months that they are on backorder, could take a couple weeks, or months.” California topped the states for highest number of thefts last year at 18,026, followed by Texas (7,895), Washington (4,252), Minnesota (2,363) and Colorado (2,171). The largest year-over-year increases were in Colorado (1,498%), Arizona (1,340%), Connecticut (1,329%), Texas (818%) and New Jersey (774%).

The most popular cars by make and model targeted by thieves in 2020 and 2021 were the Toyota Prius, Honda Element, Toyota 4Runner, Toyota Tacoma and Honda Accord.

in the 2010-15 third-generation Prius, which claims around $548 per unit.

The 2004-2009 Prius is a model that has become very familiar to car part thieves. Those Priuses had a theft claim frequency 40 times higher in 2020 than in 2016, according to a recent analysis by the Highway Loss Data Institute.

States across the country have taken notice and are toughening penalties and imposing new requirements for scrap metal dealers who buy the converters. Ten states enacted new legislation, including Arkansas, South Carolina, North Carolina and Texas to curb converter thefts in 2021. The new laws all follow along the lines of Oregon’s law, which took effect on Jan 1st. Oregon Bill SB 803 prohibits scrap metal businesses from purchasing or receiving catalytic converters, except from commercial sellers or owners of vehicles from which the catalytic converter was removed. Scrap dealers buying used converters must get a copy of the seller’s ID, a photo of the seller, the license plate number of the seller’s car, and video of the transaction itself. Payment by check must be mailed, and only after a mandatory three-day waiting period.

The HLDI reported that overall theft losses for those Prius vehicles in 2020 were nearly $137 per insured vehicle year — a more than 45-fold increase from $3 in 2016. By contrast, theft claim frequency for all other 2004-09 vehicles changed little from 2016 to 2020, overall losses remaining around $7 per insured vehicle year. AutoCatalystMarket.com reports the recent scrap price for the GD3+EA6 catalytic converter used in the 2004-09 second-generation Prius ran about $1,022 per unit, compared to the converter used

A bill drafted by Washington state Sen. Jeff Wilson (R) is written to help deter thieves from coming north to circumvent Oregon’s new law. Senate Bill 5495 also requires scrap-metal dealers to confirm ownership when catalytic converters are resold and maintain records of vehicle identification numbers. The bill would require that cash payments could not be made on the spot and would have to be delayed at least five days. The trend shows no signs of slowing down this year, so dealers may want to take extra precautions on their lots.

Most vehicles with internal combustion engines have catalytic converters, to reduce 90% or more of the harmful greenhouse gases emitted from an exhaust system, but Toyota has the distinction of having some of the highest metal content in their converters than any other auto company.

The Prius tops the list for most popular among catalytic converter thieves.

There are a number of ways to help prevent thefts on dealer and fleet lots: • Car VIN numbers engraved onto the vehicles catalytic converter. • Various anti-theft devices are available to install on individual vehicles. Like the cat-clamp and shield, ranging in price from $125 to $200 to purchase and around an hour of labor to install. Catalytic converter anti-theft devices could be a great selling perk to the car buying public as well. • Changing the settings on the car alarm to go off when vibrations are sensed. • Security cameras and security fencing. • Installing motion sensor lights. • Parking cars in a way that makes it difficult for thieves to get underneath, i.e, parking cars close together in a way that limits space between each car. n MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 5

AUCTION HIGHLIGHT

Bel Air Auto Auction 75th Anniversary Sale! Bel Air Auto Auction celebrated their 75th anniversary sale on Thursday, April 14. The Anniversary event kicked off with their Wednesday night celebration featuring food, drinks, dancing, and fireworks! Thursday the auction welcomed dealers to the lanes for their largest sale of the year ending with their Classic Car Sale. At the start of the classic sale, they auctioned off the rights to the #1 bidder badge in a charity auction to support the American Cancer Society with a generous matching bid from the Nichols family. Along with an additional donation from a back-up bidder, the auction raised $100,000! Congratulations to Bel Air Auto Auction! Be sure to check out their weekly sales on Thursdays at 8:00am.

6 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

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MARIADA STATE QUALITY DEALERS OF THE YEAR HIGHLIGHT

EXCELLENCE IS EARNED JAMES MAKIA

Named Maryland State Quality Dealer of the Year

Exclusive Motorcars, LLC is owned and operated by James Makia. In 2006, James decided to forego a career in criminal justice after selling his first car, a Ford Crown Victoria, at a Baltimore City gas station for a $1,400 profit. After discovering his passion for sales, he invested every dollar he made into procuring and selling vehicles to the public. He sold 40 units in 4 months and started his wholesale business. In just nine short months, he generated $1.5 million in revenue, garnered $200,000 in floorplan financing with Manheim Financial, and used $150,000 in capital to open his first location in the heart of Baltimore City in 2008. Exclusive Motorcars quickly outgrew the 1,000 square foot building, which housed three employees. The company moved to its current location in Randallstown, Maryland (a suburb of Baltimore), where it embarked on a $4 million renovation project to include retail sales and automotive service work. The building houses sales, service, finance, parts, and accounting on its 5-acre lot, consisting of 360 spaces. The Randallstown location went from 17 employees in 2015 to 40 employees and grew from revenues of $13.1 million to $33.1 million. James also secured a $6 million floorplan line with First Unit Bank & Trust and 15 more retail lenders, including Capital One and Ally Financial. James currently serves as Dealer Principal for Exclusive Motorcars and continues to be a hands-on leader working directly with the dealership’s core management staff to develop strategic policies and programs to drive profitable and stable growth across the company. “I’ve been blessed with varied

and unique experiences in the automotive industry, as well as worked with some incredible leaders and teammates. I firmly believe this is an entrepreneurial business, and it’s all about the people,” James said. Many of his current employees have been with the company for four or more years. His top salesperson has been there since the company’s inception when it was at its original location in Baltimore City. Says James, “I have a fantastic team, and they make me proud daily”. In addition to his full-time work at the company, James also contributes to various organizations in the community. He is a board member at Vehicles for Change which awards cars to lowincome or financially challenged families and empowers them with the means to achieve economic and personal independence through car ownership. He is a sponsor for the Randallstown High School basketball team and has been granted various citizenship awards. He received the Baltimore County Council Resolution for his distinguished and dedicated service to the citizens of Baltimore County, the Executive Citation for the services he provides to the Randallstown area, and the Certificate of Recognition in celebration of his excellent service to patrons throughout the Tri-State area and as one of the top independent used car dealers in Maryland. James’s business philosophy is simple. “Treat the customer very well, and everything else will fall in place because when it’s all said and done, the customer is the real boss.” Congratulations to James Makia on being named the Maryland State Quality Dealer of the Year! n

8 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

MARIADA STATE QUALITY DEALERS OF THE YEAR HIGHLIGHT

EXCELLENCE IS EARNED ROBERT “BERT” STRAUB

Named Pennsylvania State Quality Dealer of the Year

Since opening in 2015, 1st Choice Auto, LLC has been familyowned and operated. Its founder, Robert “Bert” Straub, along with his wife, Linda, built the foundation of their business by being an ethical, moral, and trustworthy dealership. Bert started his career over 40 years ago pumping gas at a local station. His love of cars and the desire to grow fueled his drive to learn more about the industry. He moved to managing the local Mercedes-Benz dealership parts department and realized his true passion was selling cars. He became a licensed salesperson for the state of Pennsylvania in 1985, where he started out selling motorcycles and ATVs. His connections with other salespeople in the business led to working for a local franchise dealer. He soon became an F&I manager and helped launch a large used car store. “After 10 years of franchise work, I went to work with a smaller independent dealer to have some time to enjoy my family,” says Straub. Eventually, the demands of growing that particular small dealer business outpaced his efforts, and Straub felt led to enter the banking end of the business and was hired at Citigroup. There, he handled the pass-through with Citi Financial until the 2008 financial crisis. Afterward, he was hired by Credit Acceptance in Southfield, MI as a market area manager. “This proved to be a great learning experience,” says Straub. As the company was transitioning its business model, Bert and Linda used that opportunity to open their own dealership in 2015. They quickly became very involved in their Independent Auto Dealers Association. “They were integral with our start up success, and with their help and guidance, we’ve been able to maintain compliance, stability, and a wonderful reputation locally.” The property where 1st Choice Auto resides was originally a residential property that was remodeled for commercial rental. The site was upgraded with hardwood flooring, new windows, two

offices plus a workroom, a kitchen space, conference room, and lobby area. The outside received new siding, a concrete customer parking area with a handicap-accessible ramp, and shaved asphalt for the retail sales vehicles. “We would like 1st Choice Auto to have the reputation of being a local, family-run, small business that you can trust,” explains Straub. With customer loyalty of repeat or referral customers nearing 63%, the company has achieved just that. With an average of $1.1 million annually in retail sales and $70,000 in wholesale sales, 1st Choice Auto doesn’t need to be the highest volume dealer in “sales”, but they strive to be the dealership that puts the customer relationship first. They specialize in subprime sales and helping customers improve their credit, whether that be in the form of purchasing a car or assisting customers with estate beneficiaries of a vehicle. Bert is also an active community member outside of his business. He contributes a flat rate per vehicle sale to various needs in the community. He is the leader of a men’s group that contributes time and effort to ongoing service projects within the community, has been involved in numerous food and clothing drives, and donates time to the Alzheimer’s Foundation. Through the Fairview school district, he also hosts a program for special needs students where they can learn job skills on-site at 1st Choice Auto. He also feels very honored to have had the opportunity to speak on several podcasts and share his experience at the Autovate conference in Texas regarding vendor products. Congratulations to Robert Straub on being named the Pennsylvania State Quality Dealer of the Year! n

MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 9

10 THINGS

A CAR SALESMAN SHOULD KNOW BY CARSALESPROFESSIONAL.COM Whether you are just starting out in the car business or if you have been around since the good old days these are the 10 things a car salesman should know. Things have been changing in the car business very rapidly over the past few years, but these remain to hold true and probably will as long as we are selling cars for a living. You could call them commandments or the basic rules of being a car salesman. Regardless of what you call them you must not forget these golden rules for car sales success.

Things a Car Salesman Should Know to Succeed

Two People Meet and One Gets Sold. When it comes to people and selling cars this is one thing that is always true. Somebody gets sold. Whether you sell your customer on why they should buy a car from you today or the customer sells you on why they are not buying a car today. What is it going to be? Are you going to sell your customer an automobile or are they going to sell you on one of their reasons for not buying now? This is one thing to ask yourself every time you are with a customer and probably one of the most important things a car salesman should know. Who is getting sold you or them? Sometimes they will try to turn it around on you, but remember that you are the salesman.

They’re All Just Looking. Of course they are all at the dealership to look at cars and nothing will happen until they meet

a salesman, but not just any car salesman it must be a professional car salesman. They won’t tell you that they are here to buy a car they will tell that they are just looking and buying in the future, but if you are a true salesman or saleswoman you can sell them a car today or at least in the near future. Just looking is the car buyer’s first line of defense against the car salesman you can accept it or you can sell them a car, you decide. Top car salespeople understand that of the 10 things a car salesman should know this is the one that is often forgotten by newbies.

Bad Mouthing Your Competitors Will Hurt More Than Help. Don’t let yourself get caught in the trap of bad mouthing the competing car dealer because it will do more harm than good. You don’t know what they are thinking and you might even be insulting them without knowing it. Show them why you, your vehicle and your dealership are the best place to buy a car. I have seen many deals lost after a salesman talks trash about another dealership or brand. Your customer might be a regular customer at the dealer you are running into the ground for the past ten years and they just came by to see what you have to offer. Stay positive and show them what you have to offer and let them decide or you might be chasing them back to the other dealer.

The Dumber the Better. Use the selling system that you were trained to use to sell cars and don’t start thinking that you know a better way. This is the quickest way to see your sales drop. When you start leaving

10 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

things out and short cutting the system you could be shooting yourself in the foot. Car sales training systems were designed to work throughout the dealership and be consistent. One step is made to work with the next and the one before. I will guarantee that you will lose deals when you start thinking you know better or start short cutting the system. This is one of the things a car salesman should know, but often forgets. Dummy up, get back to basics and you will sell more cars.

There is Always More and F&I Will Prove It. We have all had the customer that wouldn’t bump another dollar, but after they got done in F&I their payment went up 20, 30 or 40 dollars. The things a car salesman should know include knowing that there is always more room, but when you believe that they won’t go another dollar think again. Maybe you didn’t show them a reason to spend more or provide enough value in the vehicle or the dealership. Think about how bumping them another $100 will equal 20, 30 or 40 dollars towards your car salesman salary. If you don’t get it the F&I Department will.

Price Isn’t Everything Stop thinking that price is the only thing that will close the deal because that is not the case. Almost everyone is will to pay more when they see the value in something. Stop working the desk and start working the customer and provide more value. Many salespeople work the desk harder than they work the customer, but when you show them “What’s in it for them” you provide more value and ultimately make more commission. The things a car salesman should know and never forget is that whether they are a newbie or a veteran is that it’s not always about price. It doesn't matter if you are selling used cars or BMW's is not always price.

True Car Salesmen Know “Be Backs” Won’t Be Back You may have heard this one a few hundred times, but that’s because it is usually true so I will say it again: Be Backs won’t be back. They say they will,

but what they are really saying is that my car salesman didn’t sell me on why I should buy a car from them and their dealership. They think there is more to be had somewhere else because you didn’t make them feel otherwise. They sound so sincere and they have numerous reasons, but that is their way of giving you the bad news. Granted they may visit another dealer and feel the same way about them, but if they meet a real car salesman they will buy a car and all the follow-up in the world won’t help. Once they tell you that they will “Be Back” your only chance is that they visit another dealership and tell them the same thing and then you have a remote chance with follow up if you something more to offer. Can you believe that people ask why do car salesmen lie when they are the ones that are avoiding the truth.

Things a Car Salesman Should Know About Enthusiasm and Selling Cars Even the grumpy old fart that buys a car is excited about buying a new car, but they certainly aren’t going to tell or show you that. Car buyers don’t want the salesman to think they are excited about the prospect of driving home in a new ride, but they are and enthusiasm will heighten that excitement and engage more of their emotions. Being positive and enthusiastic about them having a new vehicle will only help you sell more cars and increase your commission. When people use their emotions to purchase a vehicle you are the one that comes out on top. Enthusiasm is an emotion and your ticket to sales and logic is the quickest way to a short deal. The things a car salesman should know include enthusiasm because enthusiasm sells cars. Be enthusiastic, include positive things about cars, be upbeat with your customers and you will sell more cars and make more money.

The Sales Manager Wants to Sell a Car as Badly as You Do You might think otherwise, but it really is true. The sales manager gets paid based on sales and gross and they really do want you to sell cars. When the desk or sales manager won’t accept your

deal it is because they feel there is more room, the customer can be bumped or that the next person will pay more for the same car. It’s not personal it’s business and they really do want to sell cars just like you do and one more of those things a car salesman should know.

Buyers are Liars I left this one for number ten because too many salespeople like to use this for an excuse when they don’t make deal, but it is true in many cases. Talk to enough car buyers both on and off the car lot and you will find out that the average consumer thinks that lying to the car salesman is acceptable part of the game. Even that person that never tells a lie thinks that it’s not a lie, and sometimes they use it as a how to tell salesman no, but its all part of the car buying process. Cars dealers don't want their car salesmen to lie, yet customers do so repeatedly. Again this is one of the few things that the customer uses as a defense because they don’t want to be taken advantage of by a car salesman. Things a car salesman should know include being wise to how the customer thinks. The salesman must understand that they need to break down this customer barrier and change the way the customer thinks. This is also where body language, tone and facial expressions are important when selling cars professionally. Most people are honest unless they are buying a car so they will usually give themselves away with their facial expressions and eye movement. Accept these car salesman facts, but don’t use it as an excuse for not selling a car. The Basic Things a Car Salesman Should Know is a Foundation

These 10 things a car salesman should know are basic, but these car salesman facts are true nonetheless. They are many other things that you should know when you have a car salesman career, but these will get you started or remind those of you that may have forgotten some of them. You can move on to other car salesman tips, but you need to build a foundation first. n

MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 11

LOCATIONS TO SERVE DEALERS

KEYSTONE PENNSYLVANI 488 Firehouse Road Grantville, PA 17028 717-469-7900

| Fax 717-46

Joey Hughes, GM Shirley Kennedy, Office Manager / Dealer Se Mondays, 11 AM

THROUGHOUT THE MID-ATLANTIC PENNSYLVANIA 1190 Lancaster Road Manheim, PA 17545

717-665-3571 | Fax 717-665

Joey Hughes, GM Randy Derr, AGM Kevin Gantz, AGM Tim Doyle, AGM Andy Mekulsia, Commercial Accounts Mana Deni Hostsetter, Dealer Servic

Exotic Highline Sales every ot Thursday at 11 AM, Friday is regular sale statin 12 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

69-2842

ervices

5-7521

ager ces

PITTSBURGH

BALTIMORE-WASHINGTON

21095 Route 19 Cranberry Twp., PA 16066

7120 Dorsey Run Road Elkridge, MD 21075

724-452-5555

410-796-8899 | Fax 410-799-0512

| Fax 724-452-1310

Tom McDonald, GM Shawn Byers, AGM Zak Hanna, Senior Manager Client Service Justin LaScola, Manager Client Service Dealer

Chad Spearman, GM Audrey England, AGM Steve Soprano, Dealer Sales Manager Tuesdays, 9:30 AM

Wednesdays, 9 AM TRA Sale Wednesday, 11:30 AM

PHILADELPHIA 2280 Bethlehem Pike Hatfield, PA 19440 215-822-1935

| Fax 215-822-8140

Charles Polina, GM Scott Mulligan, AGM Gregg Pachik, Dealer Services Manager Troy Moyer, Commercial Accounts Manager Tuesdays, 9:30 AM TRA Sale, Tuesday 12 PM

ther

ng at 9 AM MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 13

The CARLAWYER

By Eric Johnson, Partner in the law firm of Hudson Cook, LLP, Editor in Chief of CounselorLibrary.com’s Spot Delivery® Here’s our monthly article on selected legal developments we think might interest the auto sales, finance, and leasing world. This month, the developments involve the Consumer Financial Protection Bureau, Federal Trade Commission and the State of Illinois. As usual, our article features the “Case(s) of the Month” and our “Compliance Tip.” Note that this column does not offer legal advice. Always check with your lawyer to learn how what we report might apply to you or if you have questions. FEDERAL DEVELOPMENTS CFPB Reports on Consumer Complaints in 2021. On March 31, the CFPB issued its Consumer Response Annual Report highlighting the consumer complaints it received in 2021. The report analyzes complaint data across multiple consumer financial products and services, multiyear complaint trends, and how companies responded to consumer complaints. FTC and Illinois Obtain $10 Million Settlement with Dealerships and General Manager. On April 1, the FTC and the State of Illinois announced that North American Automotive Services, Inc., d/b/a Ed Napleton Automotive Group, will pay $10 million to settle allegations that eight of its dealerships and the general manager of two of those dealerships charged consumers for optional products and services, such as service contracts, GAP insurance, and paint protection, in vehicle purchase and financing documents without the consumers’ express, informed consent, in violation of the FTC Act and the Truth in Lending Act. In some instances, according to the complaint, the defendants mentioned the optional products and services but falsely told consumers that

they were free or that their purchase was required. In addition, the FTC and the State of Illinois alleged that the defendants had a discretionary policy that permitted their employees to mark up interest rates for vehicle financing applicants and added unauthorized charges for optional products and services, resulting in higher costs for Black applicants as compared to similarly situated non-Latino White applicants, in violation of the Equal Credit Opportunity Act. The proposed settlement also resolved allegations that one dealership and the general manager violated the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Motor Vehicle Advertising Regulations by placing prohibited coupon offers in advertising materials and by failing to provide certain required disclosures in advertisements, which also allegedly violated TILA. Under the terms of the proposed settlement, the defendants are required to pay a $10 million penalty, to establish a comprehensive fair lending program that, among other things, will cap the additional interest markup they can charge consumers, and to obtain consumers’ express, informed consent for all charges and are prohibited from misrepresenting the costs or terms to buy, lease, or finance a vehicle or whether a fee or charge is optional. CFPB Sues CRA and Top Executive for Violating Consent Order. On April 12, the CFPB filed a complaint against credit reporting agency TransUnion and two of its subsidiaries, TransUnion, LLC, and TransUnion Interactive, Inc., as well as one of the top executives at TransUnion Interactive, alleging: (1) a failure to implement the requirements of the CFPB’s 2017 consent order that alleged that the defendants had engaged in deceptive acts and practices in connection with the marketing and sale of credit scores, credit reports, and credit monitoring products to consumers; and (2) a continuation of the alleged deceptive acts and practices related

14 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

to the marketing and sale of credit-related products, in violation of the Consumer Financial Protection Act of 2010, the Fair Credit Reporting Act and its implementing regulation, and the Electronic Fund Transfer Act and its implementing regulation. The complaint alleged that the defendants did not implement the requirements of the 2017 order, including: (1) ensuring that consumers were not misled about the nature and terms of their credit monitoring product; (2) adding a checkbox to their trial offer subscription products to ensure that consumers consented to enrolling in such products; and (3) providing a way for consumers to immediately and easily cancel their subscriptions and obtain refunds. Additionally, the complaint alleged that the defendants failed to properly obtain consumers’ authorization to make recurring withdrawals from their bank accounts, in violation of the EFTA and its implementing regulation, and that the defendants included misleading advertisements on annualcreditreport. com that diverted consumers seeking their free annual credit reports to indefinite paid subscriptions for credit monitoring. The complaint further alleged that the defendants misrepresented their credit monitoring service as a standalone credit score or credit report. Finally, the complaint alleged that the individual defendant failed to ensure that TransUnion took certain required steps and refrained from prohibited conduct. The CFPB is seeking monetary relief for consumers, injunctive relief, and civil money penalties. Transunion issued a press release the same day, referring to the CFPB’s complaint as “meritless.” In its statement, TransUnion claimed that the CFPB ignored the compliance plan it submitted for approval, leaving the company no option but to implement the consent order without the CFPB’s guidance. TransUnion added that the CFPB refused to meet with the company to attempt to resolve the CFPB’s concerns.

CFPB Flexes Supervisory Authority over Nonbanks. On April 25, the CFPB announced that it has begun to invoke its supervision authority over nonbanks whose activities the CFPB has reasonable cause to determine pose risks to consumers. This authority is not specific to any particular consumer financial product or service. CFPB Director Rohit Chopra stated that the CFPB is beginning to use this dormant authority because of the “rapid growth of consumer offerings by nonbanks” and that this authority will “hold nonbanks to the same standard that banks are held to.” A 2013 procedural rule promulgated by the CFPB outlines several steps that the CFPB must take when invoking this authority. First, the initiating official from the CFPB issues a Notice of Reasonable Cause that the entity has engaged in conduct that poses risks to consumers based on complaints or information from other sources. This conduct may involve potentially unfair, deceptive, or abusive acts or practices or other potential violations of federal consumer financial law. While the CFPB does not define how it will determine which entities pose risks to consumers, it stated that it may review complaints from its database, whistleblower complaints, judicial opinions, administrative decisions, news reports, or information from state and federal partners to make determinations. After receiving the notice, the entity has 30 days to provide a written response and can request an opportunity to provide a supplemental oral response in a meeting with the CFPB. The staff has 45 days to provide the director with a recommended determination, and the director then has 45 days to issue a final decision. When the CFPB implemented the 2013 rule, it considered public comments and decided that all aspects of a proceeding relate to the CFPB’s supervisory process and should be deemed confidential supervisory information. However, the CFPB has now decided something different. The CFPB’s press release announced that it is issuing a new procedural rule that gives the director the authority to make final decisions and orders public. The rule is effective immediately, but the CFPB will accept comments for 30 days and may amend the rule if it receives comments warranting changes. Although the CFPB noted that a “central principle of the supervisory process

is confidentiality,” it decided that there were countervailing interests that necessitated a procedural mechanism to determine when a decision and order should be made publicly available. Specifically, the CFPB highlighted the public interest in transparency and the opportunity to use an order as a precedent in the future after it is publicly released. After a decision and order, the entity has seven days to submit a response on the issue of confidentiality, and then the director determines whether the decision and order will be released on the CFPB’s website in whole or in part. The CFPB’s recent supervision changes could create serious implications for nonbank lenders, fintech firms, and other nonbank covered persons who are not otherwise subject to the CFPB’s exam authority. While the CFPB did not previously assert supervisory authority over these entities, that no longer appears to be the case. CFPB Director Highlights Agency’s Priorities. On April 26, CFPB Director Rohit Chopra provided testimony before the Senate Committee on Banking, Housing, and Urban Affairs in conjunction with the agency’s submission of its semiannual report to Congress. Chopra highlighted some of the agency’s supervisory and enforcement work and stated that, during his tenure, the

agency intends to: (1) “shift[] enforcement resources away from investigating small firms and instead focus[] on repeat offenders and large players engaged in largescale harm”; (2) “dramatically increase its issuance of guidance documents, such as advisory opinions, compliance bulletins, policy statements, and other publications”; (3) change its approach to regulations by developing rules that Congress has authorized and by simplifying rules when possible; (4) listen to and learn from local financial institutions and the broader business community; (5) promote competition; and (6) address privacy, fraud, and discrimination issues, among other concerns, that may arise from the involvement of Big Tech in markets for consumer financial products and services. CASE(S) OF THE MONTH Car Buyers’ Claims Against Dealership Were Not Subject to Arbitration Provisions Signed in Connection with Purchase that Was Conditioned on Dealer’s Assignment of Retail Installment Sale Contract, Which Never Occurred: After choosing a car to purchase, the buyers signed a series of documents: a retail buyer’s order worksheet, two retail buyer’s orders, a special delivery agreement, a retail installment sale contract, and the dealership’s Arbitration Policies and

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your approach to F&I compliance with this special offer... Subscribe to Spot Delivery® and, at no additional charge, we will send you a copy of your choice of any of our legal compliance books, CARLAW®, CARLAW®II Street Legal or CARLAW® Reloaded. To order, visit us at www.counselorlibrary.com/offer/spot or call us at 877.464.8326. Also follow us on 000000

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Procedures (“APP”). The RISC and the APP contained differing arbitration provisions. The dealership was not able to assign the RISC to a finance company and sought a return of the vehicle, which the buyers refused to do. The buyers sued the dealership, and the dealership moved to compel arbitration. The trial court denied the motion. The trial court concluded that the arbitration provisions in the RISC and the APP were conflicting such that no meeting of the minds occurred, and, therefore, the parties never formed an agreement to arbitrate. Even if they did, the trial court determined that the agreement was unconscionable. The Court of Appeals of South Carolina affirmed the trial court›s decision, concluding that the parties never formed an agreement to arbitrate but for different reasons than the trial court cited. The special delivery agreement stated that the dealership would attempt to assign the RISC, and, if the assignment was successful, «the [RISC] (and all other documents executed by Buyer) shall be deemed delivered and fully binding.» Because the assignment never occurred, the appellate court found that «the parties never became

bound by any of the other documents, including the arbitration provisions of the RISC and the []APP.» According to the appellate court, it has “held car transactions like the one structured by the documents here - whereby the consumer accepts conditional delivery of the car but the entire deal is expressly conditioned on the dealer’s satisfactory assignment of the financing - do not amount to enforceable contracts if the assignment fails. The special delivery agreement declared the parties’ intent to not be bound if the assignment of the financing failed. When it failed, so did the formation of the parties’ arbitration agreement.” See Simmons v. Benson Hyundai, LLC, 2022 S.C. App. LEXIS 37 (S.C. App. March 16, 2022). COMPLIANCE TIP Our Case of the Month features an issue that, unfortunately, is too common – the RISC and some other agreement in the transaction/deal jacket contain different agreements to arbitrate. A court finds that as the terms are conflicting, no “meeting of the minds” occurred between the buyer and

the dealer and the parties never formed an agreement to arbitrate. The agreements in this case compounded the problem as they stated only if the RISC was assigned would the documents be deemed delivered and fully binding. Because the assignment never occurred, the parties never became bound by the documents and the arbitration provisions. Do you have multiple and conflicting arbitration agreements in your deals? What do your documents say about assignment? Time to dust those off and speak with your friendly knowledgeable lawyer! So, there’s this month’s roundup! Stay legal, and we’ll see you next month. n Eric (ejohnson@hudco.com) is a Partner in the law firm of Hudson Cook, LLP, Editor in Chief of CounselorLibrary.com’s Spot Delivery®, a monthly legal newsletter for auto dealers and a contributing author to the F&I Legal Desk Book. For information, visit www. counselorlibrary.com. ©CounselorLibrary. com 2022, all rights reserved. Single publication rights only to the Association. HC# 4870-2445-0590.

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2/14/22 5:15 PM

q LEGISLATIVE UPDATE

A Guide to Grassroots Advocacy for PIADA Members By Tyler Burke, Associate, Milliron & Goodman Government Relations Elected officials want to hear from their constituents- the people that elected them and can re-elect them. Building strong, personal relationships with legislators and their staff is one of the most important, yet overlooked, aspect of working with government. As Pennsylvania begins to prepare for the upcoming election, we wanted to remind PIADA members the importance of grassroots advocacy. Over the course of a legislative session legislators will consider multiple pieces of legislation that could have a direct and significant impact on PIADA members. Contacting your legislators and letting them know what legislation is important to you and helping to educate them about the current issues that you are facing is one of the best ways you can advocate for yourself and your industry.

term, you are developing legislative champions that will seek your advice before addressing issues affecting Pennsylvania auto dealers. We strongly encourage you to get to know your legislators- whether it’s coffee to introduce yourself, a meeting (in-person or virtual) to discuss an issue or inviting your legislator to your dealership. All are examples of community and grassroots advocacy and are effective ways to build relationships with your legislators. Finally, we would like to share a few tips we’ve learned along the way:

10 TIPS ON EFFECTIVE GRASSROOTS ADVOCACY 1.

In the short-term, you are putting a face on an issue that allows legislators to connect beyond the facts and figures. In the long-

q 2. Tyler Burke Associate Milliron Goodman Tyler is currently responsible for providing research, bill analyses, and legislative updates to ensure clients have the most current and accurate information available. Tyler also helps to create and implement grassroots initiatives and draft legislation and amendments with a focus on transportation, healthcare, and education policy. Tyler formerly worked as a paralegal at the law firm of Kepner, Kepner & Corba. He earned a degree in Political Science and Philosophy from Susquehanna University.

Before contacting your legislators, do a little homework. Research their biography, committee assignments, cosponsor memos and legislation sponsored. This will offer some insight into their legislative interests. You might also discover that you attended the same school or have a hobby in common. The Pennsylvania General Assembly website is also a great place to start. If you do not know or have never met your legislators, you should attempt to make your first meeting a friendly, get-acquainted occasion. This could be as simple as introducing yourself as a constituent at a town hall meeting or local event. Follow-up by scheduling a personal meeting in their office or a virtual meeting through ZOOM or TEAMS. Take advantage of additional opportunities to connect with your legislators – whether inviting your legislators to attend an open house, an award ceremony, or a Foundation event. Likewise, opportunities might arise through involvement with professional organizations, civic or charitable organizations, or political parties. The hometown connection is essential

to getting a legislator’s attention, so always identify yourself as a constituent, where you live and how you are connected to the community. 5. You are the expert on your issue and knowing what your community needs. You are meeting with the legislator as a constituent. You do not have to be an expert in the legislative or regulatory process. 6. If discussing an issue, be brief, clear, and accurate. Telling your story by sharing your experiences, struggles and solutions is the most persuasive message. Allow the legislator to offer his or her view on the issue and ask questions. If the legislator asks questions that you cannot answer, be honest and provide the requested information later. 7. Your legislator may not always agree with your position. Be persistent, but not argumentative. Provide points supporting your issue. Ask thought provoking questions that will encourage him or her to contemplate your position. Keep in mind that a legislator who opposes you on an issue today may become a valued ally on a different issue tomorrow. 8. Get to know your legislator’s staff. They usually have more time to devote to your issues and have more time to learn the details of an issue before briefing their legislator. 9. Always express appreciation. Followup with a thank you letter or e-mail that briefly restates your main points and includes any information you offered to provide. 10. Once acquainted with your legislators, it is important to maintain an ongoing relationship. Stay informed about your legislator’s activities by subscribing to his or her newsletter. Attend and participate in town hall meetings. Invite your legislators to your office to meet with your colleagues. n Endnote: legis.state.pa.us

MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 17

AUCTION DIRECTORY PENNSYLVANIA ADESA MERCER 758 Franklin Road, Mercer, PA 16137 724.662.4500 / Fax: 724.662.8716 Friday 9:00 AM Office M-W: 9-4:00; TH: 9-5:00; F: 8-5:00 adesa.com

CORRY AUTO DEALERS EXCHANGE P.O. Box 317, 12141 Route 6 West Corry, PA 16407 814.664.7721 / Fax: 814.664.7724 Thursday 10:00 AM 3 Lanes Dealer Consign, Fleet/Lease corryade.com

ADESA PA I-83 Ex. 28 (Old Ex. 12), 30 Industrial Rd. York, PA 17406 717.266.6611 / Fax: 717.266.7650 Wednesdays 9:00 AM; INOPS 8:30 AM Specialty Sale every 4th Wed 8:30 AM adesa.com

GARDEN SPOT AUTO AUCTION Robert Rd. & Apple St., Ephrata, PA 17522 717.738.7900 / Fax: 717.738.7930 Tuesday 10:00 AM gardenspotautoauction.com

ADESA PITTSBURGH 378 Hunker Waltz Mill Rd. New Stanton, PA 15672 724.925.4700 / Fax: 724.925.4701 Tuesday 9:00 AM pittautoauction.com AMERICA'S AA - HARRISBURG 1100 S. York St., Mechanicsburg, PA 17055 717.697.2222 / Fax: 717.697.2234 Thursday 8:45 AM harrisburgautoauction.com AMERICA’S AA - LANCASTER 1040 Commercial Ave., P.O. Box 406 East Petersburg, PA 17520 717.569.5220 / Fax: 717.569.3109 Weekly Sales Wed. 9:00 AM INOPS 8:30 AM americasautoauction.com AMERICA’S AA - PITTSBURGH 55 E. Buffalo Church Rd. Washington, PA 15301 724.225.1777 / Fax: 724.225.7223 Thursday 12:30 PM americasautoauction.com BLOOMSBURG AUTO AUCTION 25 Ridge Road, Bloomsburg, PA 17815 570.784.2306 Wednesday 10:00 AM bloomaa.com CENTRAL PENNSYLVANIA AA Exit 178 of I-80, Lock Haven, PA 17745 800.248.8026 / Fax: 570.726.7841 Thursday 9:45 AM Office: MTF 8-5:30 W-Th 8-6:00 cpaautoauction.com

GREATER ERIE AUTO AUCTION 7700 Avonia Road, (Exit 16 of I-90 & PA Route 98) Fairview, PA 16415-0916 814.474.3900 / 877.474.GEAA Fax: 814.474.4969 Tuesday 1:45 PM greater-erie.com LEHIGH VALLEY AUTO AUCTION 3880 Lehigh St., Whitehall, PA 18052 610.435.5554 / Fax: 610.435.5557 Wednesday 5:00 PM lehighvalleyautoauction.com MANHEIM KEYSTONE 488 Firehouse Road, Grantville PA 17028 717.469.7900 / Fax: 717.469.2842 Every Monday 11:00 AM manheim.com MANHEIM PENNSYLVANIA 1190 Lancaster Rd., Manheim, PA 17545 717.665.3571 / Fax: 717.665.9265 Exotic Highline Sales every other Thursday - 9:00 AM Every Friday Sale 8:30 AM manheim.com MANHEIM PHILADELPHIA 2280 Bethlehem Pike, Hatfield, PA 19440 215.822.1935 / Fax: 215.822.8140 Tuesday 9:30 AM TRA Sale - Tuesday 12:30 PM Office: M-Th 8:30-5:00; F 8:30-1:00 manheim.com MANHEIM PITTSBURGH AA 21095 Route 19, Cranberry Twp., PA 16066 724.452.5555 / Fax: 724.452.1310 Wednesday 9:00 AM manheim.com

18 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

NORTH EAST PENNSYLVANIA AA 860 N. Keyser Ave., Scranton, PA 18504 570.207.CARS / Fax: 570.207.1860 Tuesday 10:00 AM nepautoauction.com PERRYOPOLIS AUTO AUCTION Route 51 S. Perryopolis, PA 15473 724.736.4445/ Fax: 724.736.0466 Friday 9:45 AM perryautoauction.com MARYLAND BSC AMERICA/BEL AIR AUTO AUCTION P.O. Box 200, 4805 Philadelphia Rd. Belcamp, MD 21017 410.879.7950 / Fax: 410.893.1515 Thursday 8:30 AM at Clayton Station Thursday 8:00 AM at Bel Air in Belcamp bscamerica.com MANHEIM BALTIMORE-WASHINGTON 7120 Dorsey Run Rd., Elkridge, MD 21075 410.796.8899 / Fax: 410.799.0512 Tuesday Sale, 9:30 AM Tuesday Frontline Sale, 9:00 AM TRA/Salvage, 1:00 PM manheim.com NEW JERSEY ADESA AUCTION OF NEW JERSEY 200 N. Main, Manville, NJ 08835 908.725.2200 / Fax: 908.725.3446 Consignment Sale Thursdays 8:45 AM Topline Sale 9:00 AM monthly Thursdays GM Factory Sale Bi-weekly Tuesdays 10:00 AM adesa.com MANHEIM NEW JERSEY AA 730 Rte. 68, P.O. Box 188 Bordentown, NJ 08505 609.298.3400 / Fax: 609.298.4489 Wednesday 9:00 AM manheim.com NEW YORK ADESA BUFFALO 12200 Main St., Akron, NY 14001 716.542.3300 / Fax: 716.542.3547 Sale Tuesday 9:00 AM Boat & RV Sale 2nd Tuesday Monthly 11:00 AM Ford Factory Tuesday Monthly 9:00 AM Office: M-Tu: 8-5, W: 8-4, Th: 9-4, F: 9-3 ADESA.com/Buffalo

ADESA LONG ISLAND 425 Patchogue Yaphank Rd. Yaphank, NY 11980 631.205.5000 adesa.com/longIsland ADESA SYRACUSE 5930 State Rte. 31, Cicero, NY 13039 315.699.2792 adesa.com/syracuse BUFFALO AUTO AUCTION 5300 Lockport Road Lockport, NY 14094 716.549.4800 deeregunner@hotmail.com MANHEIM ALBANY 459 Route 146, Clifton Park, NY 12065-0440 518.371.7500 jay.waterman@manheim.com manheim.com MANHEIM NEW YORK AA 2000 Dealer Drive, Newburgh, NY 12550 845.567.8400 / Fax: 845.567.8410 Every Thursday 9:00 AM Ford Factory Closed Sale Bi-Weekly 10:00 AM Heavy Truck & Equipment Sale First Thursday of the Month 11:00 AM manheim.com MANHEIM ROCHESTER 20 Cairn Street, Rochester, NY 14611 585.328.2277 sara.fico@coxautoinc.com manheim.com ROCHESTER- SYRACUSE AUTO AUCTION 1826 State Route 414, P.O. Box 129 Waterloo, NY 13165 315.539.5006 sprankie@rsautoauction.com rsautoauction.com STATE LINE AUTO AUCTION 830 Talmadge Hill Rd. S. Waverly, NY 14892 607.565.8151 / Fax: 607.565.8659 GM Financial Open Sale –EVERY Friday, 9:20 AM GM Financial Closed Sales as Scheduled Dealer Consignment Sale –EVERY Friday, 9:20 AM statelineauto.com WEST VIRGINIA MOUNTAIN STATE AUTO AUCTION Route 2, Box 835, Shinnston, WV 26431 304.592.5300 / Fax: 304.592.3510 Monday 10:30 AM Office: 9:00-5:00 mtstateaa.com

Broken Vehicle Recall System Puts Unsuspecting Dealers at Risk By FI and Showroom Staff Between 20% to 25% of all vehicles on the road have one or more open safety recall at any given time. However, government databases have an approximate 30% error rate, leading many auto dealers to unknowingly purchase and sell vehicles with open safety recalls. The findings were part of “Safety Recalls: State of the Retail Industry,” a report released today by AutoAp, Inc., the industry’s leading auto safety recall software company. To obtain a copy of the report, visit www.autoap.com/ industryreport There have been more than 5,000 vehicle safety recalls since 2014, affecting millions of vehicles. Because many vehicles are covered by multiple recalls, the average vehicle on the road today has 1.2 recalls. Worse, often, there are lags between manufacturers assigning recalls onto vehicles and either the manufacturer or government publishing them for dealers to learn if their inventory is affected. In addition, human error often leads to misclassification of recalls, incorrect vehicle makes or incorrect model years through the government and manufacturers. “Many automotive retailers do not realize how badly the safety recall ecosystem is broken,” said Mark Paul, CEO of AutoAp. “This impacts dealerships of all sizes, brands and locations through liability and compliance issues, as dealers often buy and sell vehicles with open safety recalls and do not know it – through no fault of their own.” Many auto dealers continue to use manual processes to track open safety recalls, or worse, ignore the problem altogether due to the time-consuming, error-prone and delayed data. In addition to liability issues, dealers are often missing out on a valuable revenue stream as recall repairs are covered by manufacturer warranty reimbursements. “Dealers simply cannot know whether or not vehicles have an open recall using their current methods,” Paul said. “The best

way to tackle this challenge is through an automated system that verifies VINs using advanced technologies and with multiple sources, on a nightly basis with minimal initial effort by dealers.”

“Safety Recalls: State of the Retail Industry” details threats, opportunities for how automotive retailers handle vehicle safety recall management. Paul urged dealers to take a handful of simple steps to get started. • Write a policy for the dealership or dealership group that spells out how the organization will handle open recall needs – and have everyone sign it; • Appoint one team member within the organization to oversee recall operations – with both the responsibility and authority in this critical area; • Implement an automated process to verify, monitor and report recalls; • Use daily reporting to identify open recalls and track repair status. Dealers who follow these simple steps have significantly lower open recall rates among their inventory. Dealerships who develop a fully automated system reduce their open recall rates by nearly 90%. In other findings: • Hawaii had the highest open rate at 23.4%; Delaware had the lowest at 5.6%; • Currently, only 44% of dealerships have a written safety recall management policy; • 100% of dealers surveyed said staying in compliance was critical. Yet none of the dealers surveyed said they check their own inventory for safety recalls every day; • Government fleet vehicles have the highest open recall rate at nearly 36%. n

MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 19

MidAtlanticDealerNews-JUNE2022-PRINT.pdf

5/4/22

9:41 AM

REG I S T ER AT NIADACONV E NTION.COM

WHY WAIT? You can get DEALER TITLES processed ON THE SPOT or within 24 hours!

You can get SALVAGE TITLES processed ON THE SPOT or within 24 hours!

You can get your RETAIL PAPERWORK processed ON THE SPOT or within 24-48 hours!

At our offices! M-F: 9am-2pm 1501 North Front Street Harrisburg, PA 717-238-9002 _____

CMY

“YOUR MEMBERSHIP PAYS FOR ITSELF!’

More specifically, the benefits of the MidAtlantic IADA membership include many helpful services, products, educational courses, national representation and much more! 20 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 21

2022 ADVANCED ISSUING AGENT TRAINING COURSES 2022 ADVANCED ISSUING IN PERSON AT THE AGENT TRAINING COURSES FOLLOWING LOCATIONS IN PERSON AT THE Monday, March 14, 2022

AMERICA’S AA LOCATIONS – HARRISBURG FOLLOWING

1100 S. York St., Mechanicsburg, PA 17055 Monday, March 14, 2022 SIGNAMERICA’S UP FOR ADVANCED AA – HARRISBURG Monday, April 25, 2022 1100 S. York St., Mechanicsburg, 17055 • Clint AA Weaver • 717.697.2222 ADESA -PAPITTSBURGH ISSUING AGENT TRAINING Monday, April 25, Stanton, 2022 PA 15672 378 Hunker Waltz Mill Rd., New ADESA AA COURSES IN- PITTSBURGH PERSON Monday, May 16, 2022AT THE 378 Hunker Waltz Mill Rd., New Stanton, PA 15672 NORTHEAST PENNSYLVANIA AA Carly Bishop• 724.925.4700 FOLLOWING LOCATIONS Arcaro & Genell Restaurant, 443 South Main St., Monday, May 16, 2022Old Forge, PA 18518 NORTHEAST AA Monday,PENNSYLVANIA June 13, 2022 Arcaro & Genell Restaurant, 443PHILADELPHIA South Main St., Old MANHEIM AA Forge, PA 18518 Lisa Cohowicz • 570.650.2781 2280 Bethlehem Pike, Hatfield, PA 19440 Monday, June 13, 2022 Monday, September MANHEIM PHILADELPHIA19, AA 2022 GARDEN AAPA 19440 2280 Bethlehem Pike, SPOT Hatfield, Robert Rd. & Polina Apple St., Ephrata, PA 17522 Charles 215.822.1935 Monday, September 19, 2022 PIADA Members: $99 • Non-Members: $129 GARDEN SPOT AA Contact PIADA chapter today: Robert Rd. & Apple St., Ephrata, PA 17522 • Kristi Kohl • 717.738.7900

Email Cynthia@piada.org or call 717.238.9002. PIADA Members: $99 • Non-Members: $129 Contact PIADA chapter today: COURSE REGISTRATION Email Cynthia@piada.org or call 717.238.9002.

Company ____________________________________________________ COURSE REGISTRATION Contact _____________________________________________________ Company ____________________________________________________ PIADA Member?  Yes  No DIN # _____________________________ Contact _____________________________________________________ E-mailMember? Address  _______________________________________________ PIADA Yes  No DIN # _____________________________ Business Address ______________________________________________ E-mail Address _______________________________________________ City ______________________________ State_______Zip Code________ Business Address ______________________________________________ Phone (____) ___________________FaxState_______Zip (____) _____________________ City ______________________________ Code________ Phone (____) ___________________Fax (____) _____________________ Number Attending ______ Number Attending ______

NAMES OF ATTENDEES: NAMES OF ATTENDEES: ___________________________________________________________

___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Card Type:  VISA  MasterCard  Discover  American Express Card Type:  VISA  MasterCard  Discover  American Express Name on Card:_________________________________________________ Name on Card:_________________________________________________ Card # ________________________ Security Code ______ Exp. Date_____ Card # ________________________ Security Code ______ Exp. Date_____ Signature _____________________________________________________ Signature _____________________________________________________ Fax (We’d prefer fax) to 717.238.3870 Or Mail to: PIADA, 1501 North Front Street, Harrisburg, PA 17102 Fax (We’d prefer fax) to 717.238.3870 Or Mail to: PIADA, 1501 North Front Street, Harrisburg, PA 17102

SPECIAL THANKS TO OUR ANNUAL SPONSORS: SPECIAL THANKS TO OUR ANNUAL SPONSORS:

MidAtlantic IADA Membership Application

DO IT QUICK! Call 717.238.9002 and Say “I Want to Join!” & we’ll take the info over the phone (M-F 8:30-4:30) Dealership _________________________________________________ Owner/President(s)__________________________________________ DIN #_________________________________ or  Special Member  Corp.

 Partnership

 Sole Proprietorship

 LLC

Number of Employees _______________________________________ Street Address______________________________________________ City __________________________________ State_____ Zip _______ County__________________ Dealership Anniversary (mm/yy)______ E-mail _____________________________________________________ Website____________________________________________________ Ph. (____) ___________________ Fax (____) _____________________ To assist our lobbying effort, your party affiliation is requested.  Democrat  Republican  Independent  Decline to answer PIADA yearly dues are $399.00 and MDIADA & DIADA are $299.00 (which include $60 NIADA dues). You will receive all NIADA benefits including a discount prescription drug card, Used Car Dealer magazine, and dealer advocacy to officials in Washington, D.C. (Contributions or gifts to PIADA PAC are not deductible as charitable donations for Federal tax purposes; however, the $399 dues payments are deductible by members as an ordinary and necessary business expense.) By my signature below, I affirm that: I support the PIADA Code of Ethics and want to strengthen the business and public image of the Independent Automobile Dealer; I request membership in the MARIADA, 1501 North Front Street, Harrisburg, PA 17102, 717.238.9002, Fax (717) 238-3870, www.piada.org, and I authorize PIADA to fax or e-mail important information to me. Signature __________________________________________________ My check(s) in the amount of: (Membership Fees are  PA Dealer $399.00 non-refundable.)  MD/DE Dealer $299.00  Plus a voluntary PAC fund contribution to PIADA PAC of $25 or more. (Must be individual check, not a corporate check. Corporate checks for PAC fund contributions are not permitted by PA law.)  Plus a $20 donation to the MidAtlantic Regional IADA Scholarship Fund. Or please charge this amount to my credit card: Card type:  Visa  MasterCard  American Express  Discover Name on Card ______________________________________________ Card Number ______________________________________________ Security Code ___________ Expiration Date ____________________ Signature __________________________________________________ Printed Name _______________________________________________ Date ______________________________________________________ Received by MARIADA Rep. _____________________________ Date ________________________________________________ OR Mail to: MARIADA, 1501 North Front St., Harrisburg, PA 17102. If using a credit card, you may fax this application to PIADA at 717.238.3870.

22 | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 20| MIDATLANTIC | JANUARYDEALER 2022 NEWS MIDATLANTIC DEALER NEWS

ONLINE AUTO DEALER SUPPLIES AND SELLING AIDS!

“Oh mama mi a, mama mi a, mama mi a, let me go...”

88 Auction Road • Manheim, PA 17545 1-800-366-2141 • www.dealergoodies.com

MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 23

MARYLAND FORMS DEALERS CAN ORDER SECURE FORMS QUANTITY PRICE TOTAL $ DUE Secure Power of Attorney (3 part-50 per package) Secure Dealer Reassignment (1 part-100 per package)

$ 00* _____ 20. $ 00 _____ 20. Total Secure forms order 6% Maryland Sales Tax Shipping TOTAL enclosed for Secure forms

Shipping Cost: 1 – 4 packs = $10.00 5 – 10 packs = $15.00 Over 10 packs – Please call ahead for pricing.

NON-SECURE FORMS

________ $ ________ $ ________ ________ ________ $ ________ $

QUANTITY $MEMBER NON-$MEMBER TOTAL $ DUE

Cash Sales Contracts (100 per pack) Odometer Mileage Statement (100 per pack) FTC Buyers Guide (100 per pack) Check one:  AS IS  IMPLIED Restricted Power of Attorney (100 per pack) Deal Jackets (100 per pack) Test Drive Agreements (100 per pack)

_____ _____ _____

47.00 18.00 $ 00 28. $

94.00 36.00 $ 00 56.

________ ________ $ ________

$ 00 $ _____ $10.00 20. ________ $ 00 $ 00 $ _____ 24. 48. ________ $ 00 $ _____ $28.00 56. ________ Total Non-Secure forms order $ ________ 6% Maryland Sales Tax ________ TOTAL enclosed for Non-Secure forms $ _________ TOTAL AMOUNT DUE $ _________

Dealership ________________________________________________________________________ Dealer # (required) _________________________________________________________________ Member  Yes  No Contact Name ___________________________________________ Email _____________________________________________________________________________ Address __________________________________________________________________________ (FEDEX & UPS WILL NOT DELIVER TO P.O. BOX)

City_______________________________________________State ______Zip _________ Phone ______________________________Fax ______________________________________ Card Type:

 VISA

 MasterCard

 AMEX

Name on Card ___________________________________________________ Exp. Date________ Card Number _____________________________________ Security Code________ Make checks payable to: PIADA or fill out payment information below: Card Type:

 VISA

 MasterCard

 AMEX

 Discover

Name on Card ___________________________________________________ Exp. Date________ Card Number _____________________________________ Security Code________ We cannot process orders until payment is received. Signature ____________________________________________ Date ___________________ For questions you may contact Cynthia Slemons at 717.238.9002 ext. 16 or Cynthia@piada.org.

PENNSYLVANIA FORMS DEALERS CAN ORDER DESCRIPTION QUANTITY MEMBER NON-MEMBER MEMBER EXT NON-M EXT $

“As is” Supplemental Statement Buyers Guide Plastic Holders (50) Buyers Guide Window Form Buyers Guide Window Form (Spanish) Consignment & Sales Agreement Form Deal Jackets Fees Chart (wall mount) Fraud Hotline Poster Installment Sales Contract (100) Interpreter Confirmation of Translation Key Tags (250) Lease Agreements Limited Warranty No Purchase Required Disclosure Notary Receipt Pad Odometer Mileage Statement Power of Attorney Disclosure Forms Rental Agreements Retail Buyer Order Form Secure Power of Attorney Secure Power of Attorney Log Book Temp Tag Log Book Title Release Authorization Used Vehicle Record

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____

24.00 $ 00 40. $ 00 20. $ 00 18. $ 00 25. $ 00 30. $ 00 14. $ 00 14. $ 150.00 $ 00 25. $ 00 32. $ 00 78. $ 00 26. $ 00 24. $ 00 15. $ 00 18. $ 00 18. $ 00 32. $ 00 32. $ 00 50. $ 00 15. $ 00 15. $ 00 15. $ 00 15.

_____ _____ _____ _____ _____ _____ _____ _____ _____

48.00 80.00 $ 00 40. $ 00 36. $ 00 50. $ 00 60. $ 00 28. $ 00 28. $ 300.00 $ 00 50. $ 00 64. $ 156.00 $ 00 52. $ 00 48. $ 00 30. $ 00 36. $ 00 36. $ 00 64. $ 00 64. $ 00 50. $ 00 30. $ 00 30. $ 00 30. $ 00 30.

_______ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______ $ _______

ADP FORMS Customer Delivery Check List Customer Proposal Damage Disclosure Delivery Confirmation Goodwill Repair Acknowledgement Insurance Coverage Acknowledgement Lease Spot Delivery Agreement Notice to Co-Signer Trade-In Appraisal

28.00 28.00 $ 00 28. $ 00 28. $ 00 28. $ 00 28. $ 00 28. $ 00 28. $ 00 28.

$ 56.00 _______ $ _______ 00 $ 56. _______ $ _______ $ 00 $ 56. _______ $ _______ $ 00 $ 56. _______ $ _______ $ 00 $ 56. _______ $ _______ $ 00 $ 56. _______ $ _______ $ 00 $ 56. _______ $ _______ $ 00 $ 56. _______ $ _______ $ 00 $ 56. _______ $ _______ $ Subtotal _______ $ _______ 6% Pennsylvania Sales Tax $ _______ $ _______ Shipping $ per pound + Special Shipping $ at cost. Total w/o shipping $_________ Please make checks payable to PIADA, 1501 North Front St., Harrisburg, PA 17102 (call in to receive shipping cost to include in payment) or you may fax orders to 717.238.3870 with credit card information. *All orders MUST be accompanied by a method of payment. *Must provide DIN if applicable.

Dealership ________________________________________________________________________ Contact_______________________________________________Date ________________

FOR INFORMATION ON MEMBERSHIP...

Address __________________________________________________________________________

MIDATLANTIC IADA = PIADA + MDIADA + DEIADA Contact Shannon at 717.238.9002 x 18 Shannon@piada.org www.piada.org • www.mdiada.org • www.deiada.org

City_______________________________________________State ______Zip _________

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Penn sy

Mid lv A

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JOIN

Maryland | ia | an antic Reg D

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TODAY!

Phone _____________________Fax ____________________*DIN ___________________ Card Type:

 VISA

 MasterCard

 AMEX

Name on Card ___________________________________________________ Exp. Date________ Card Number _____________________________________ Security Code________ All forms come in packs of 100 unless otherwise noted.

24 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022

Summer is Here!! at America’s Auto Auction Lancaster

Lancaster

7 Action Packed Lanes Every Wednesday at 9 a.m.

HIGHLINE June 1st & 15th

Tuesdays @ 4pm june 7th July 12th

June 1st & 15th

MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022 | 25

26 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • JUNE 2022