DEALER NEWS FEBRUARY 2023 • MIDATLANTICAUTODEALERSUNITED.ORG What to Expect in the Car Market in 2023 207th Legislative Session Begins with a Surprise Dealers AssociationIndependent Automobile MidAtlantic Regional Pennsylvania | Maryland|Delaware MIDATLANTIC MIDATLANTIC AUTO DEALERS UNITED 1501 North Front St., Harrisburg, PA 17102 HIGHLIGHTING PENNSYLVANIA • MARYLAND • DELAWARE Impacts of a Down Economy Changes to the Safeguards Rule & How it Applies to your Dealership PLUS 4 Techniques to Fine-Tune Your Dealership’s Digital Retailing Process
1100 South York Street | Mechanicsburg, PA 17055 717-697-2222 | americasautoauction.com | #americasautoauction America’s Auto Auction Harrisburg 1000+ Vehicles Every Thursday In-Lane Or Online Inops At 8:45 a.m. | Regular Sale At 9:15 a.m. Make Plans Now! April 7th 41st Anniversary Sale Spring Fling Specialty Sale Now Accepting Consignments Contact: Glenn Gouchenaur Text: 717.554.2964
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
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
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
George Smouse • gasmouse@zoominternet.net
Smouse Trucks & Vans, Mt. Pleasant, PA
Steve Worley • worleymotors@hotmail.com
Worley Motors, Enola, PA
ATTENTION: Effective January 1, 2023 PIADA will be charging a 3% surcharge on all credit card transactions to help us offset the merchant fees we have to pay. The 3% surcharge will not be charged when paying your annual membership fees. NO surcharge applies if paying with cash or a check.
FEATURES
4 | The 207th Legislative Session Begins with a Surprise
Take a look inside the most recent session with an outline of Senate Republican and Democratic chairs.
6 | Wilson Takes Lead at NIADA
With Bob Voltmann’s recent resignation, the NIADA Board of Directors unanimously selected Chief Financial Officer Melanie Wilson as interim Chief Executive Officer to handle day-to-day operations. She is the first woman to lead NIADA.
10 | 4 Techniques to Fine-Tune Your Dealership’s Digital Retailing Process
Customer expectations of the buying process have 100% changed... You have to look at your process both online and in-store to consider how to adapt to meet customer needs, then layer in the technology.
12 | What to expect in the car market in 2023?
2023 is anticipated to be a period of relative steadiness, although it will not resemble the past. Supply chain issues should improve, leading to an increase in the availability of new vehicles, which should reduce the pressure on the prices of older used cars.
14 |
Impacts of a Down Economy
It is not clear how current economic conditions will affect vehicle sales, auto lending and remarketing over the next 12 months.
18 |
Changes to the Safeguards Rule and How it Applies to your Dealership
The Safeguards Rule is part of the Gramm-Leach-Bliley Act, and it requires financial institutions to protect the information of customers. This rule includes the finance departments of dealerships.
DEPARTMENTS
2 | President’s Message
8 | The CarLawyer©
22 | Auction Directory
24 | Order Form for Dealership Supplies (PA & MD) MIDATLANTIC
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 1
WOULD YOU LIKE TO RECEIVE A DIGITAL EDITION OF THE MIDATLANTIC DEALER NEWS MAGAZINE? Email heather@piada.org
2023 FEBRUARY 2023 | CONTENTS
Copyright
2 | Executive Director’s Message
4 | Legislative Update
INDEPENDENT AUTO DEALERS ASSOCIATION SPONSORS q
So I am a month behind in wishing everybody a happy new year. Here it is: in February 2023, tax season will be upon us. The holidays are behind us and the winter weather has been calm to the point of this
writing. Things are changing. Political offices are being updated and political appointments are changing. Please be sure to watch for our emails and newsletters to stay up on all the latest news. Visit our website for updates and links to help keep your dealership safe and compliant. I will be sure to nominate a fellow Dealer who has earned your respect and would make a Mid-Atlantic Independent Auto Dealers Association quality dealer of the year. We are looking for Pennsylvania, Maryland, and Delaware dealers. This prestigious award will be celebrated at the NIADA conference in Las Vegas later this year. We also want you to be active if you want a voice in how the association runs. Now is the time to get operational. Reach out to John, our Executive Director, or any one of the board members if you have any questions. n
If I have learned anything over the years in business, it is that listening to your customers ( members ) is one of the most important things you can do as a leader of an organization. Too often we, myself included, have fallen into a trap thinking that we ‘ know what is best ‘ without getting input from the people who really countour customers ( members ).
GET TO KNOW YOUR MID-ATLANTIC STAFF
John Odorisio Executive Director (717) 317-3098 john@piada.org
Nicole Autry Dealer Set-Up Unit (717) 317-1966 nicole@piada.org
Cynthia Slemons
Membership Specialist (717) 238-9002 x16 cynthia@piada.org
Pamela Switalski
Dealer Titles
(717) 238-9002 ext. 15 pamela@piada.org
Barbara Stake
Online Registration (717) 238-9002 x27 barb@piada.org
Jessica Lutz Title Call Center (717) 238-9002 jessica@piada.org
Tammy Farmer Receptionist (717) 238-9002 ext. 10 receptionist@piada.org
Heather Levesque Accounting
(717) 238-9002 heather@piada.org
In early January you should have received a short 4 question survey from us. Thank you to those who have completed and returned the survey. Your input is being reviewed and is appreciated. For those who haven’t yet responded, please take a minute and do so. This feedback will be taken seriously and serve as a guidepost for us in 2023 and beyond to bring more value to you and your businesses.
Thanks again for your support!
FEBRUARY HIGHLIGHTS
Feb 1 Black History Month
Feb 2 Groundhog Day
Feb 12 Superbowl XVII
Feb 14 Valentine’s Day
Feb 20 President’s Day
Feb 22 Ash Wednesday
2 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 q
PRESIDENT’S MESSAGE
q
BERT STRAUB, PRESIDENT MIDATLANTIC REGIONAL IADA MANAGER, 1ST CHOICE AUTO, LLC FAIRVIEW, PA
EXECUTIVE DIRECTORS MESSAGE
JOHN ODORISIO EXECUTIVE DIRECTOR MIDATLANTIC REGIONAL IADA
Mid Atlantic Independent Automobile Dealers Association Members,
The 207th Legislative Session Begins with a Surprise
By Tyler Burke, Associate, Milliron & Goodman Government Relations
On January 3, 2023, in a surprise move, Pennsylvania House Republicans nominated, and the House elected, Democrat Rep. Mark Rozzi (Berks) as Speaker of the House. The position of Speaker is the highest-ranking officer of the House, and as the Speaker has the power to moderate floor debate, call up bills for votes, and name the chamber’s committee chairs.
With only 99 Democrats and 101 Republicans in the House, neither party could come up with the votes to elect a speaker. The Democrats wanted to nominate House Democratic Leader Joanna McClinton (D-Philadelphia), but with only 99 members, they didn’t have the votes without Republican support that was not forthcoming.
Similarly, House Republicans met behind closed doors and chose Rep. Carl Metzgar (R-Somerset) to be their candidate over three other colleagues. However, the Republicans were not unified and at least one Republican member indicated that they would not vote for the chosen nominee. This provided much drama and uncertainty as the day transpired - with family and guests in attendance on the floor for swearing-in day.
Since neither party appeared to have the votes for a nominee for speaker to succeed, and a motion by Democrats to adjourn until after special elections in February failed with a tied vote (one Republican voting with the Democrats), the suspense grew.
Seemingly out of the blue, Rep. Jim Gregory (R-Blair) rose and nominated his friend
and colleague from the other side of the isle, Rep. Mark Rozzi (D-Berks), to be Speaker. Republican Whip Tim O’Neal (R-Washington) then seconded Rep. Gregory’s nomination of Rep. Rozzi and time seemed to stand still while everyone watching tried to make sense of what was happening. Democratic Leader Joanna McClinton then endorsed the nomination and urged her colleagues to vote for Rep. Rozzi.
After some brief parliamentary wrangling over whether nominations were closed, Rep. George Dunbar (R-Westmoreland) nominated Rep. Carl Metzgar (R-Somerset) for Speaker. The vote was taken and Rozzi was elected speaker by a 115-85 vote, with 16 Republicans (including the elected leadership) joining Democrats who were unanimous in support of Rozzi’s nomination.
Addressing the House from the Speaker’s rostrum, Rozzi promised to be an independent Speaker of the House who will caucus with neither the Democrats nor Republicans. He also committed to having a staff made up of individuals from both parties. “I pledge my allegiance and my loyalty to no interests in this building and to no interest in our politics. I pledge my loyalty to the people of the Commonwealth,” Rozzi said. “Sometimes Republicans will win. Sometimes Democrats will win. And that is fine, so long as the beneficiaries are the people of this Commonwealth,” Rozzi concluded.
House Republican Leader Bryan Cutler (R-Lancaster) said Rozzi’s election, given the narrow partisan divide, “necessitates
all of us to work together. I think that’s ultimately why that came together.” He said Rozzi’s willingness to switch his party affiliation to independent was key.
However, there is still confusion as to which party (Democrats or Republicans) will have an operating majority since there are currently 99 Democrats and 101 Republicans with 3 vacancies. After the February 7, 2023, House special elections in Allegheny County, it is presumed (all three districts are heavily Democratic) that the makeup of the House will be 102 Democrats and 101 Republicans (assuming Rep. Rozzi doesn’t switch to Independent, which would make things 101 to 101 with 1 Independent). Rep. Rozzi reportedly told his Democratic colleagues that he will remain a Democrat, but not caucus with either party, allowing him to be independent. The Republicans maintain that Rozzi committed to changing his registration - so uncertainty remains.
To further complicate things, state Rep. Lynda Culver (R-Northumberland) is running for the open state Senate seat recently vacated by Senator John Gordner, so if she were to win the January 31 Senate Special Election, that would result in another state House seat being vacated.
The House still has to release a session schedule and adopt operating rules, which are being finalized now, and then announce committee chairs and committee assignments.
Finally, in the state Senate, everything went as planned on swearing-in day with Senator Kim Ward (R-Westmoreland) elected as President Pro Tempore of the Senate. Having
4 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023
q LEGISLATIVE UPDATE
already announced its session schedule and adopted its operating rules, the Senate has also announced its committee chairs for the new session as follows:
The Senate Republican chairs are as follows, listed alphabetically by committee:
Aging & Youth: Judy Ward (R-Blair/ Fulton/Huntingdon)
Agriculture & Rural Affairs: Elder Vogel (R-Beaver/Butler/Lawrence)
Appropriations: Scott Martin (R-Berks/ Lancaster)
Banking & Insurance: John DiSanto (R-Dauphin)
Communications & Technology: Tracy Pennycuick (R-Berks/Montgomery)
Community, Economic, & Recreational Development: Chris Gebhard (R-Berks/Lancaster/Lebanon)
Consumer Protection & Professional Licensure: Pat Stefano (R-Bedford/ Fayette/Somerset/Westmoreland)
Education: Dave Argall (R-Carbon/ Luzerne/Schuylkill)
Environmental Resources & Energy: Gene Yaw (R-Bradford/Lycoming/Sullivan/ Tioga/Union)
Finance: Scott Hutchinson (R-Butler/ Clarion/Erie/Forest/Venango/Warren)
Games & Fisheries: Greg Rothman (R-Cumberland/Dauphin/Perry)
Health & Human Services: Michele Brooks (R-Crawford/Lawrence/Mercer)
Intergovernmental Operations: Jarrett Coleman (R-Bucks/Lehigh)
Judiciary: Lisa Baker (R-Luzerne/Pike/ Susquehanna/Wayne/Wyoming)
Labor & Industry: Devlin Robinson (R-Allegheny)
Law & Justice: Mike Regan (R-Cumberland/York)
Local Government: Rosemary Brown (R-Lackawanna/Monroe/Wayne)
Rules & Executive Nominations: Joe Pittman (R-Armstrong/Indiana/ Jefferson/Westmoreland)
State Government: Cris Dush (R-Cameron/Centre/Clinton/Elk/ Jefferson/Mckean/Potter)
Transportation: Wayne Langerholc (R-Cambria/Centre/Clearfield)
Urban Affairs & Housing: Frank Farry (R-Bucks)
Veteran’s Affairs & Emergency
Preparedness: Doug Mastriano (R-Adams/Franklin)
The Senate Democratic chairs are as follows, listed alphabetically by committee:
Aging & Youth: Maria Collett (D-Montgomery)
Agriculture & Rural Affairs: Judy Schwank (D-Berks)
Appropriations: Vincent Hughes (D-Montgomery/Philadelphia)
Banking & Insurance: Sharif Street (D-Philadelphia)
Communications & Technology: Jimmy Dillon (D-Philadelphia)
Community, Economic, & Recreational Development: Anthony H. Williams (D-Delaware/Philadelphia)
Consumer Protection & Professional Licensure: Lisa Boscola (D-Lehigh/ Northampton)
Education: Lindsey Williams (D-Allegheny)
Environmental Resources & Energy: Carolyn Comitta (D-Chester) Finance: Nick Miller (D-Lehigh/ Northampton)
Games & Fisheries: Jim Brewster (D-Allegheny)
Health & Human Services: Art Haywood (D-Montgomery/Philadelphia)
Intergovernmental Operations: Tina Tartgalione (D-Philadelphia)
Judiciary: Steve Santarsiero (D-Bucks)
Labor & Industry: John Kane (D-Chester/ Delaware)
Law & Justice: Jim Brewster (D-Allegheny)
Local Government: Tim Kearney (D-Delaware)
Rules & Executive Nominations: Jay Costa (D-Allegheny)
State Government: Amanda Cappelletti (D-Delaware/Montgomery)
Transportation: Marty Flynn (D-Lackawanna/Luzerne)
Urban Affairs & Housing: Nikil Saval (D-Philadelphia)
Veteran’s Affairs & Emergency Preparedness: Katie Muth (D-Berks/ Chester/Montgomery)
Milliron & Goodman will keep you updated as the picture in the state House becomes clearer and on legislation of interest as it is introduced. n
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 5
Telephone: 215 -860-6510 Website: www.aatins.com Langhorne, Pennsylvania Auto Dealer/Garage Insurance Specialists Your One-Stop Shop for Auto Dealer Insurance * Garage and Automobile Liability * * Dealer Physical Damage * * Garagekeepers * * Work Comp * * Quick Quote Turnaround *
Wilson Takes Lead at NIADA
“I’ve been in nonprofits my entire career, and that’s just what happens. Everyone wears five or six different hats,” Wilson said. “It’s what I’m used to. You all pitch in and help where you can help…It comes natural to me. I was raised by entrepreneurs who owned their own businesses.”
Working her way through college, Wilson took an office job and quickly found a knack and love for accounting. She earned a Bachelor of Science in accounting and fast-tracked to earning her Certified Public Accountant certification.
She found a need for small businesses and nonprofits for accounting expertise and opened her own consulting firm prior to coming to NIADA.
While running her own accounting consulting business, Melanie Wilson took a call about a new client in 2017, not knowing where it would lead.
Previous NIADA CEO Steve Jordan reached out to Wilson about consulting with the association. “NIADA had seen tremendous growth in a short period of time. I was brought in to evaluate specifically the accounting department and help streamline processes and put procedures into place,” Wilson recalled. “I worked on that for about a year, and then came on as their CFO in 2018. Next thing I knew, I was not just over accounting. I had HR, administration, general operations and facilities.”
The roles kept growing until earlier this month, as she took over as interim CEO. She’s the first woman to lead NIADA in its 75-year history.
“I’m incredibly humbled by the opportunity,” Wilson said. Throughout her tenures as CFO, Wilson did far more than crunch numbers. She was involved in the operations and developing the overall strategy of the association. Taking on multiple roles is nothing new for the Texas native.
“I started my own business to provide good accounting at a reasonable price for nonprofits, which led me to NIADA,” Wilson said. Starting as the CEO, Wilson recognizes the mission of NIADA to utilize all its resources to help members.
“The members are our purpose and the industry partners are how we fulfill our purpose,” Wilson explained. “When all those pieces are working together and efficiently, then everybody wins.
“What I’m most excited about going into 2023 is leveraging all of our resources to help our members build really strong, stable businesses and legacies.”
Of the resources, Wilson points to a staff of committed and talented NIADA personnel, which includes executive staff Vice President of Dealer Development Jeremy Beck and Vice President of Government Affairs Brett Scott.
“We have an incredible staff at NIADA with lots of special skills and expertise. I helped build a lot of this team and create this dynamic pool of resources,” Wilson said.
We’ve built a team. We have those resources internally, but also with industry partners and members. I want to focus on tapping our resources and leveraging them so that NIADA and our industry can be better.”
NIADA in 2023 will continue to work with dealers and connect them with the products and services to help them in their dealerships. NIADA is also launching a CPO program to help independent dealers compete against the franchise CPO programs.
“The CPO provides an incredible opportunity for dealerships to really compete in the market,” Wilson said.
NIADA will also be expanding its 20 Groups and educational training for dealers.
After an unpredictable 2022, forecasting 2023 is like guessing the weather.
“In 2022, we had a lot of people telling us what they thought the market was going to do. By the year’s end, it was not doing anything we thought was going to do,” Wilson said. “If I have to look at 2023, I think the trend will carry forward –unpredictable.”
She can predict NIADA will continue to work on behalf of members and partners to make the industry stronger.
“We want to bring our teams, which have such strong expertise in what they do, to meet the members and industry partners where they are and bring everyone to the table to really make the industry flourish,” Wilson said. n
6 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 NIADA FEATURE
“I don’t think the smartest person in the room is ever the person that knows everything. It’s the person that knows where to go to find the answer.
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 Financial Institutions Examination Council, Federal Reserve Board, Federal Trade Commission, and the Federal Communications Commission. 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
On December 7, the Consumer Financial Protection Bureau released a report on the utilization of certain protections under the Servicemembers Civil Relief Act by members of the National Guard and Reserves on active duty. Specifically, the report looks at whether these servicemembers are receiving SCRA interest rate reduction benefits and SCRA protections against vehicle repossession without a court order. The report uses data from the Bureau’s Consumer Credit Panel from 2007 to 2018 matched to activation data from the Department of Defense. The report also provides recommendations to creditors to increase servicemember access to SCRA protections.
On December 12, the Consumer Financial Protection Bureau issued a proposed rule that would require certain nonbank covered entities (with exclusions for insured depository institutions and insured credit unions) to report to an online registry final public orders and judgments, including consent and
stipulated orders and judgments, issued by any government agency or court against an entity for violation of federal and state consumer protection laws. According to the Bureau’s news release, the proposed online registry “will allow the CFPB to track and mitigate the risks posed by repeat offenders, while also being able to monitor all lawbreakers subject to agency and court orders.” The registry would be created and maintained by the Bureau, and the entities required to register would provide basic identifying information about the company and the order or judgment, including a copy of the order or judgment, and periodically update the registry to ensure its continued accuracy and completeness. The proposed rule would also require certain larger nonbanks supervised by the Bureau to designate a senior executive to submit an annual statement attesting to the steps taken to oversee the activities subject to the order or judgment and whether the executive knows of any violations of, or other instances of noncompliance with, the order or judgment. Comments must be received within 60 days after the proposed rule is published in the Federal Register, which is expected shortly.
On December 15, the Federal Financial Institutions Examination Council’s Task Force on Consumer Compliance adopted revised examination procedures for the Fair Debt Collection Practices Act and its implementing regulation, Regulation F. The revised examination procedures incorporate the CFPB’s 2020 and 2021 final debt collection rules that went into effect on November 30, 2021.
On December 16, the Federal Reserve Board announced the adoption of a final rule that implements the Adjustable Interest Rate (LIBOR) Act. The final rule establishes benchmark replacements for certain contracts that use the LIBOR reference rate and do not have terms that provide for the use of a clearly defined and practicable replacement benchmark
rate when the LIBOR reference rate in its current form is discontinued on June 30, 2023. The final rule also provides additional definitions and clarifications consistent with the Adjustable Interest Rate (LIBOR) Act.
On December 20, the Consumer Financial Protection Bureau entered into a consent order with Wells Fargo Bank in which the bank agreed to pay more than $2 billion in redress to consumers and a $1.7 billion civil penalty for, among other legal violations, illegally assessing fees and interest charges when servicing auto financing and mortgage loan accounts, wrongly repossessing cars, misapplying payments, failing to refund certain unearned fees on debt cancellation products, incorrectly denying mortgage loan modifications to certain qualified borrowers, charging unlawful overdraft fees, applying other incorrect charges to checking and savings accounts, and improperly freezing or closing customer accounts.
On December 19, the Federal Reserve Board and the Federal Deposit Insurance Corporation announced the 2023 assetsize thresholds used to define “small bank” and “intermediate small bank” under their Community Reinvestment Act regulations.
The Federal Trade Commission recently extended the public comment period on an advance notice of proposed rulemaking regarding deceptive or unfair acts or practices relating to “junk fees.” Comments may now be submitted until February 8, 2023. For purposes of the ANPR, the FTC stated that “the term ‘junk fees’ refers to unfair or deceptive fees that are charged for goods or services that have little or no added value to the consumer, including goods or services that consumers would reasonably assume to be included within the overall advertised price; the term also encompasses ‘hidden fees,’ which are fees for goods or services that are deceptive or unfair, including because
8 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023
they are disclosed only at a later stage in the consumer’s purchasing process or not at all, whether or not the fees are described as corresponding to goods or services that have independent value to the consumer. These terms may overlap - a junk fee can be a hidden fee, but not all junk fees are hidden fees.”
On December 27, the Federal Communications Commission issued an order that, among other things, affirmed the numerical call limits and opt-out requirements for callers exempted from the Telephone Consumer Protection Act and allowed such exempted callers to obtain either oral or written consent for additional calls. The TCPA restricts certain calls to residential and wireless phone numbers absent the prior express consent of the called party or a statutory exemption but authorizes the FCC to exempt certain calls from these restrictions. The FCC has since exempted calls to residential numbers that are not made for a commercial purpose, calls made for a commercial purpose that do not contain an unsolicited advertisement, calls from tax-exempt nonprofit organizations, and healthcare-related calls subject to the Health Insurance Portability and Accountability Act; for wireless numbers, the FCC has exempted calls from package delivery companies, financial institutions, prison inmate calling services, and certain healthcare providers, subject to specific conditions. In 2020, the FCC adopted measures to implement Section 8 of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act by limiting the number of exempted calls that can be made to residential lines, requiring that callers making exempt calls allow consumers to opt out of future exempt calls, and codifying in its rules the existing exemptions for certain types of calls to wireless numbers, including calls by package delivery companies, financial institutions, prison inmate calling services, and healthcare providers. In the current order, the FCC granted the petitioners’ request to allow exempted callers the option of obtaining either oral or written consent if they wish to make more calls than the numerical limits. However, the FCC denied the petitioners’ request to revise any of the numerical limitations on the number of exempt non-telemarketing calls to residential
lines. The FCC also concluded that the different numerical limitations for different categories of exempt calls to residential lines are constitutional. Finally, the FCC denied the petitioners’ request to reconsider the expanded opt-out requirements for exempt informational calls.
CASE(S) OF THE MONTH
Magistrate Recommended that Court Compel Arbitration of Vehicle Lessee’s Claims Challenging Fee He Was Required to Pay to Exercise His Lease Purchase Option Pursuant to Arbitration Provision in Retail Lease Order: When an individual leased a vehicle from a dealership, the parties entered into a Retail Lease Order and a Florida Motor Vehicle Lease Agreement. The lease was assigned to a lease titling trust. The lessee filed a class action complaint against the attorney-in-fact and exclusive servicing agent for the trust, the initial beneficiary of the trust, and the beneficial owner of leases/leased vehicles assigned to the trust for violating federal and Florida law by forcing him to pay amounts that had not previously been disclosed to him and that were not permitted under the terms of the FMVLA when he exercised his option to purchase the vehicle prior to expiration of the lease. The defendants moved to compel arbitration of the lessee’s individual claims pursuant to an arbitration provision in the RLO. A magistrate judge for the U.S. District Court for the Southern District of Florida recommended that the court grant the motion. The magistrate first addressed whether the defendants, as nonparties to the RLO containing the arbitration provision, could enforce the arbitration provision, which states that it applies to any claim or dispute between the lessee and the dealership or its employees, agents, successors, or assigns. The magistrate determined that the lessee did not contest the assertion that the RLO was assigned, and the RLO specifically provides that it can be assigned. Therefore, the magistrate determined that the defendants, as assignees of the RLO or the assignee’s agents, could enforce the arbitration agreement against the lessee. Even if the RLO was not assigned, the magistrate concluded that the defendants could enforce the arbitration agreement under the doctrine of equitable estoppel because the lessee’s claims will
require reference to the RLO. The magistrate went on to determine that the wording of the RLO’s arbitration provision reflects the lessee’s and the dealership’s agreement to delegate all arbitrability issues, including whether the arbitration provision applies to the lessee’s claims, to the arbitrator, as the arbitration provision, by its terms, extends to “the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute.” See Scherer v. Hyundai Capital America, Inc., 2022 U.S. Dist. LEXIS 212562 (S.D. Fla. November 22, 2022).
COMPLIANCE TIP
Our Case of the Month highlights two issues that often prove frustrating to motor vehicle dealers: options to purchase at the end of a lease term and arbitration. The plaintiff lessee filed a class action against the attorney-in-fact and exclusive servicing agent for the trust, the initial beneficiary of the trust, and the beneficial owner of leases/ leased vehicles assigned to the trust claiming that he was forced to pay amounts that had not been disclosed to him and that were not permitted under Florida law when he exercised his option to purchase the vehicle before the lease expired. On arbitration the issue was whether the defendants could enforce the arbitration provision, which states that it applies to any claim or dispute between the lessee and the dealership or its employees, agents, successors, or assigns. Does your Lease Agreement clearly disclose to your lessees any amounts they may be required to pay to exercise their purchase option? Is your arbitration agreement clear that it applies to any disputes not only with your dealership, but also to any assignees of your dealership? Time to kick off the New Year with some coffee, a review of your consumer-facing documents and a call to your knowledgeable attorney! 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 2023, all rights reserved. Single publication rights only to the Association. HC# 4854-4777-1719.
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 9
4 Techniques to Fine-Tune Your Dealership’s Digital Retailing Process
By Tiffany Peeler, Vice President of Sales & Operations, Proactive Dealer Solutions
As many as 52% of dealers report their dealerships are “highly virtual or completely virtual.” But how much preparation does the typical dealership put into building processes and training leadership for a truly modern retailing initiative? Following are four techniques to fine-tune your dealership digital retailing process.
Simply launching tools on your website without proper preparation can worsen customer experiences and frustration among your valuable dealership staff.
Unlocking successful digital retailing results comes from many angles, including staff training, process mapping, and marketing.
With that in mind, we sat down with someone who knows a thing or two about this subject: Mike Esposito, senior field operations manager for Southeast Toyota. He is heavily involved in training initiatives for digital retailing programs at dealerships across his region. We asked him to share his thoughts on the following four techniques for dealerships to fine-
tune their approach to modern retailing to maximize potential and ROI.
Fine-Tune Your Dealership Digital Retailing Process
1. PLAN BEFORE LAUNCHING
Digital retailing is about a whole new way of doing business. That’s why planning is key to success. Answering questions such as “How do we want to improve the guest experience?’ and “How do we get buy-in
10 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023
“Customer expectations of the buying process have 100% changed...You have to look at your process both online and in-store to consider how to adapt to meet customer needs, then layer in the technology.”
from the top and all the way through the dealership?” are the building blocks of a successful program. Get crystal clear on intent and goals now before launching.
“The biggest way to make this fail is to think the technology alone will deliver,” said Mike. “You have to look at the technology and your processes and goals to see how you can deliver the best customer experience. Don’t scramble after you launch a program. Do the work upfront for success later.”
2. TRAIN YOUR STAFF
A sustainable program depends on properly trained staff. The ADKAR training method is a proven way to make new processes a permanent way of doing business. The acronym stands for the five outcomes employees need to achieve for a change to be successful: Awareness, Desire, Knowledge, Ability, and Reinforcement. ADKAR is powerful because it first cultivates employee buy-in of new processes by explaining why they are needed and then the benefits to employees, so they want to embrace change.
Mike is also a proponent of the Kaizen continuous improvement strategy. “In this strategy, staff at all levels of the dealership work together to proactively achieve
regular, incremental improvements to a process,” he said. “It’s great for building a culture where everyone is engaged and actively suggesting improvements.”
He went on to note that activating tools on your website without first preparing staff is a recipe for disaster. “This will hurt the customer experience because you’re setting up an expectation and failing to deliver. Customers see payments, trade-in values, financing options, and more on your website and then walk into your dealership, and no one knows who they are or anything about the work they’ve done online. That’s a disconnected experience that’s doing more harm than good.”
3. DIVE INTO PROCESS MAPPING
This is a terrific management tool to visualize the flow of work within a business process. The map shows the steps and people involved, making it easier to see where issues and inefficiencies can occur. It should also consider customer pain points and how the process alleviates them. The overall focus is customer-centric, not dealer-centric.
Customers today may shop online for a few hours, then call your store with questions and jump back online, send you a text, etc. Your map must account for this non-linear, multi-channel buying behavior with special attention to how all information becomes a part of a customer’s record.
“Customer expectations of the buying process have 100% changed,” explained Mike. “You have to look at your process
both online and in-store to consider how to adapt to meet customer needs, then layer in the technology. Alleviating customer pain points should be a big part of your process— for example, time. We hear repeatedly that customers hate how long the buying process takes. Look at each step of your process and see where you can shave off time to make it easier and seamless. Maybe this means giving your salespeople tablets. Or getting rid of static lead forms. Analyze everything with what your customer wants always front-of-mind.”
4. MARKET, MARKET, MARKET
Customers won’t know what they can do on your website if you don’t tell them. So you have to advertise your digital retailing capabilities. Banner ads, taglines, targeted email, or text campaigns work to get the word out.
As Mike said, “The easiest way to make digital retailing fail at your store is to turn it on and not tell anyone. Once it fails, it will be very hard for employees to understand or trust this process down the road. Your entire store needs to be committed and understand the “why” so that they can help communicate with customers and make this a success.”
The majority of today’s customers want to complete some of the steps of their purchase online – but simply plugging in tools to say you have them will do more harm than good. These four techniques can help fine-tune your dealership digital retailing processes to deliver great customer experiences and earn more sales. n
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 11
“
“The easiest way to make digital retailing fail at your store is to turn it on and not tell anyone. Once it fails, it will be very hard for employees to understand or trust this process down the road. Your entire store needs to be committed and understand the “why” so that they can help communicate with customers and make this a success.”
What to expect in the car market in 2023?
By Sean Toussi, Glo3D.com
Due to the COVID-19 Pandemic, the car market has experienced more disruption in the last three years than during the World War II production shutdowns. Nevertheless, 2023 is anticipated to be a period of relative steadiness, although it will not resemble the past. Supply chain issues should improve, leading to an increase in the availability of new vehicles, which should reduce the pressure on the prices of older used cars. Both new-vehicle markups and usedvehicle wholesale prices have decreased since their highs this spring, and these falling prices are beginning to be seen at the retail level. This could bring some relief to those who are struggling to afford used cars due to inflation. Interest rates are increasing, making auto loans and leases more expensive. This could mean that buying a new car in 2023, with relatively lower rates, would be more cost-effective than buying a used car that is 2-3 years old. With the potential of a
recession in the first half of the upcoming year, demand is decreasing and prices are dropping. These forecasts are explained in more detail below.
GROWING ELECTRIC VEHICLE ADOPTION
In 2019, approximately 326,000 electric vehicles were bought in the US. According to data from Motor Intelligence, this number rose to 724,000 in the first eleven months of 2022. If not for supply chain difficulties, this number would have been even greater due to organic demand. Unresolved supply chain issues and difficulty in obtaining the necessary materials are causing the prices of new vehicles to remain high, particularly for electric vehicles.
It is also estimated that up to 3 million vehicles could be impacted by the current chip shortage in 2023, a vast majority
of them being electric vehicles because they require 30% more chips than gaspowered vehicles.
The federal subsidy of $7,500 used to be applied across the board, but it is now dependent on a variety of factors (buyer income, price of the car, and North American-based manufacturing and sourcing) instead of just sales numbers. Starting from 2023, up to 70% of the electric and plug-in hybrid vehicles that were once eligible for the tax credit will no longer get this incentive due to the strict regulations regarding battery sourcing and price caps on vehicles.
High gas prices, the appeal of low energy costs, and the release of new electric vehicle models could inspire more people to purchase their first EV or opt for more fuel-efficient hybrids and plug-in vehicles. If high gas prices happen in 2023, this trend is likely to be even more accelerated.
12 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023
AN EXPECTED DECREASE IN THE PRICE OF PRE-OWNED CARS
Used vehicle prices experienced a dramatic spike in early 2022, but have since subsequently declined and are expected to keep decreasing in 2023. Moreover, vehicles that are older than four years will experience a steeper fall than those that are between one and three years old. The chip shortage has caused new car prices to remain high, which has caused buyers to turn to used models. In 2023, it is expected that used vehicle prices may decrease to a greater extent than new ones, so the prices of new and used vehicles will differ greatly.
Significant reductions in production during the pandemic and a sharp decrease in new car leasing since 2020 have resulted in there being fewer of them in the market, so prices of new vehicles will remain high. As of September, the availability of new vehicles has been increasing and is expected to continue on that path in 2023. Manufacturers are more likely to discuss reducing production and incentives when the supplies increase, which could lead to more attractive financing options for 2023 cars.
GROWTH OF MODERN RETAILING
In order to stay up-to-date in the current marketplace, car dealers need to incorporate digital retailing and prioritize customer satisfaction. In 2019, traditional car dealerships began to shift towards a more online-focused approach, realizing that many customers prefer to purchase their cars online, even if they still appreciate the opportunity to test drive them. According to Automotive News, three-quarters of potential car buyers are open to making a purchase completely online, and about 65% prefer to handle the majority of their car purchases online. This has been further proven by Tesla’s digital approach to selling cars online.
Before the onset of the lockdowns, a few car dealerships had already started incorporating digital aspects into their sales operations, with some even forming complete online showrooms. After the outbreak of COVID-19, the use of these
digital practices spread at a rapid rate. The pandemic pushed more car dealers to embrace and use digital platforms for their business. OEMs like Tesla, Ford, and GM also responded by creating digital portals to market their electric products online to take advantage of cutting the cost of distributing cars and having a streamlined
the availability of new vehicles. Although interest rates are increasing, new car purchases would become relatively more cost-effective. Electric vehicle adoption is also expected to continue growing, although the federal subsidy is now dependent on a variety of factors. Besides, car dealers are increasingly
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 13
C M Y CM MY CY CMY K MidAtlanticDealerNews-FEB2023-PRINT.pdf 1 1/11/23 2:11 PM
Impacts of a Down Economy
BY FI STAFF
Amitay Kalmar, CEO and co-founder of Lendbuzz, has seen the financial industry ebb and flow since the Great Recession of 2008 to pandemic recovery in 2021.
Though he’d thought he’d seen it all, he says the last two years have impacted the financial services and automotive industries in unique and unexpected ways. He expects those impacts to change the lending landscape for some time to come.
HE LISTS THE TOP THREE IMPACTS AS:
1
Low Inventories/Increased Demand. Prices went up because of the limited availability of new and used vehicles. According to Kelley Blue Book, the average price of a new vehicle is $48,301. And the average cost of a one- to five-yearold car in July was $34,289, in an iSeeCar’s analysis of over 1.8 million used car sales.
“None of this is new. It has been going on for the last 12-18 months,” Kalmar stresses. “But it has changed the landscape and dynamics of how consumers and dealerships sell cars, sales and delivery cycles, negotiation dynamics, and the prices consumers pay.” 2
Rate Increases. Rates were unnaturally low for nearly 14 years. Now they are creeping back up to 2001-2005 levels. “This has impacted consumers over the last four to six months,” he says. “But higher vehicle prices have more impact than rate increases on monthly payments.”
He explains consumers who purchased vehicles three years ago paid an average of a $400-$500 car payment. Now they pay $600-$700 a month for an equivalent vehicle. “We are talking about a 30% to 50% increase in monthly payments, and that is mostly due to increased vehicle prices.”
In contrast, increased rates tack $5 to $20 onto the monthly payments, he says. “The rest is because of higher vehicle prices.”
Consumers adapted by putting more money down on the vehicles they purchase. This aligns their monthly payments with what they hope to pay and helps them meet debt-to-income and payment-toincome ratios.
Car buyers also are more price sensitive at the time of purchase, he adds. “This will eventually impact vehicle pricing and move the industry into a more normalized pricing environment,” he says.
“Sometimes lenders will extend terms to get consumers into a vehicle within a payment threshold,” he says. “But when you extend the term, you get higher overall finance charges.”
flow and develop a risk score,” he says. “This gives a good idea of the consumer’s income and expenses over time.”
Lenders are seeing inflation impact bank accounts. “When you analyze bank accounts and look at Quarter 1 or Quarter 2 of 2022, we see a year-over-year increase in an individual’s income of about 6% to 10%, year over year” he says. “We are also seeing a 10% increase in expenses. Some people are spending more money as the pandemic ends. Still, expenses are outpacing income growth. Income is flattening and expenses are rising.”
This scenario will reduce disposable income. “Consumers will become more cautious with their spending and more sensitive when they shop for a car or other large purchase,” he says. “That will impact demand. The Federal Reserve wants to see demand decline. It is one way to control or manage inflation.”
3
Reliance on Alternative Data. Lenders have adapted their underwriting algorithms to get consumers without credit scores into a vehicle. Bank account information is a key source of alternative data. “Individuals link their bank account to a lender’s platform. The lender pulls their transaction history to evaluate cash
Kalmar believes the country has hit peak inflation. “We have reached the inflection point where prices are not increasing at the same rate,” he says. “Wages are not increasing as fast as they were. As a result, inflation will continue to decrease, because consumers will have less cash to spend. At least that is the hope.”
WHERE RATES ARE GOING
According to a recent Edmunds study, the average annual percentage rate on new vehicles is 5.7%, the highest average rate
14 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023
since 2019, made worse when the average amount financed has hit an all-time record of $41,347.
Kalmar predicts auto rates will eventually catch up to Federal rates. He explains, “Most financial institutions, whether or not they are depository institutions, will see their cost of funds increase and will want to manage their profit margins,” he says. “They will need to increase their rates.”
He thinks auto loan rates will increase 4%. “But the impact on monthly auto loan payments with 2%, 3%, 4% increases is not as significant as a mortgage loan,” he says. “Further, if we see a decrease in pricing, which we’ve already started to see with used cars over the last three months, the impact on loans will be less than we think. Pricing will decrease as rates increase, and they will sort of mitigate each other. And at the end of the day, the consumer’s payment will be where it is today or even lower.”
ROADBLOCKS AND OPPORTUNITIES FOR CONSUMERS
“The roadblocks are clearer than the opportunities for consumers,” says Kalmar.
The roadblocks include:
• Limited inventory on dealer lots
• Record vehicle prices
“The main opportunity is high used car values,” he says. “Consumers will pay more for a new vehicle but will get more for their
old vehicle. But if they are not trading in a vehicle, it’s a far more challenging environment to purchase one because of higher vehicle prices.”
LENDERS & DEALERS CAN HELP
Lenders are already helping consumers by not raising interest rates as fast as they could.
“They have not passed on the full Fed rate increase to consumers for auto loans,”
Kalmar says. “It depends on the philosophy of each lender. Some manage for longterm growth while others look for short-term margins. We’ve seen some lenders raise rates more than others.”
On the dealership side of the coin, Kalmar says it’s smart to expand the vendor market. “I encourage dealers to add more lenders and have more options in their toolkit so that they can serve more customers,” he says. “When credit environments become more challenging, the breadth of the lender network as a dealership becomes more important.” n
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 15
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IT IS NOT CLEAR HOW CURRENT ECONOMIC CONDITIONS WILL AFFECT VEHICLE SALES, AUTO LENDING AND REMARKETING OVER THE NEXT 12 MONTHS.
LOCATIONS TO SERVE DEALERS
THROUGHOUT THE MID-ATLANTIC
Kevin Gantz, AGM
Tim Doyle, AGM
Andy Mekulsia, Commercial Accounts Manager Deni Hostsetter, Dealer Services
PENNSYLVANIA
Firehouse Road Grantville, PA 17028 717-469-7900 | Fax 717-469-2842
Road
17545 717-665-3571 | Fax 717-665-7521
KEYSTONE
488
Joey Hughes, GM Shirley Kennedy, Office Manager / Dealer Services Mondays, 11 AM PENNSYLVANIA 1190 Lancaster
Manheim, PA
Joey Hughes, GM Randy Derr, AGM
Exotic Highline Sales every Thursday at 11 AM, Friday is regular sale stating
PENNSYLVANIA
PITTSBURGH
21095 Route 19
Cranberry Twp., PA 16066
BALTIMORE-WASHINGTON
7120 Dorsey Run Road
Elkridge, MD 21075
717-469-2842 Services
724-452-5555 | Fax 724-452-1310
Tom McDonald, GM
Shawn Byers, AGM
Zak Hanna, Senior Manager Client Service
Justin LaScola, Manager Client Service Dealer
Wednesdays, 9 AM
TRA Sale Wednesday, 11:30 AM
410-796-8899 | Fax 410-799-0512
Chad Spearman, GM
Audrey England, AGM
Steve Soprano, Dealer Sales Manager
Tuesdays, 9:30 AM
717-665-7521 Manager Services other stating at 9 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
Changes to the Safeguards Rule and How it Applies to your Dealership
The Safeguards Rule is part of the GrammLeach-Bliley Act, and it requires financial institutions to protect the information of customers. This rule includes the finance departments of dealerships.
The Federal Trade Commission (FTC) updated the Safeguards Rule on October 27, 2021, and the changes became effective on October 27, 2022. Learning about the updated Safeguards Rule and making the necessary changes now can help you and your dealership avoid substantial Federal penalties and fines. Providing plenty of protection for customer information can also help you attract new and repeat buyers. Here are the five biggest changes to the Safeguards Rule.
Broader Requirements
Before these changes, the Safeguards Rule offered very little detail about the requirements for an effective program to safeguard customer information. The new Safeguards Rule requires financial institutions to encrypt all customer information, whether it’s being transmitted through an online network or being stored in dealership files.
The authentication process to access this information must require at least two knowledge factors, possession factors, or inherence factors.
A knowledge factor can be a password, a PIN, or the answer to a security question.
A possession factor is based on the items you have with you. For example, you might need to enter a one-time password or PIN sent to your smartphone. Inherence factors use biometric characteristics, and they can include facial recognition, iris scanning, or fingerprint recognition.
The amended Safeguards Rule applies to any information provided by the consumer, resulting from a consumer transaction, or obtained in connection with a transaction. This includes lists of customers and their contact information that aren’t publicly available. It also applies to internet cookies.
A Written Risk Assessment
Dealers must base their information security programs on written risk assessments. Every written risk assessment must have criteria for categorizing and evaluating risks and threats. It must also contain the criteria for assessing the confidentiality, availability, and integrity of customer information; the systems used to store it; and how vulnerable they are to hackers, identity thieves, and other potential threats.
Risk assessments must also include a description of how the risks or threats mentioned will be mitigated and how the institution will implement appropriate safeguards.
A Qualified Individual
Dealers and other financial institutions must designate a single qualified individual to supervise, implement, and enforce their information security programs. With just one person in charge, several employees won’t need to coordinate their actions. Keeping track of program rules and changes can become easier as well.
The qualified individual can be an employee, contractor, or service provider. The Safeguards Rule doesn’t require any education, experience, or certifications.
However, you should choose someone who understands the company’s information system, what data the dealership stores about customers, and how the finance department works. Most dealers designate a manager as the qualified individual.
Regular Reports
The qualified individual will need to submit regular reports to senior managers, board members, or executives about data security safeguards. They must report once per year about the overall status of the dealership’s information security program, its compliance with the Safeguards Rule, and any issues related to:
Reports should also include recommendations for improvements to the information security program from the qualified individual.
A Written Incident Response Plan
The new Safeguards Rule also requires a written incident response plan to help dealerships and other financial
organizations respond promptly to security events and recover from them quickly. Written incident response plans must include:
The goals of the plan
• Internal processes and procedures for responding to a security event
• Clear definitions of roles, responsibilities, and levels of authority for everyone who works with customer information
• Rules for external and internal communications and information sharing
• Requirements for correcting any weaknesses in information systems or controls soon after they’re identified
• Documentation and reporting rules for security events and related responses
• Provisions for evaluating and revising the incident response plan after security events and when otherwise needed.
Dealerships that collect data from fewer than 5,000 people are exempt from the incident response plan, written risk assessment, and annual reporting requirements. n
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 19
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Friday 9:00 AM
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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
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
Capital Auto Auction
5135 Bleigh Ave., Philadelphia, PA 19136
215.332.2515
Monday thru Friday 9:00 AM - 4:30 PM capitalautoauction.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
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
GARDEN SPOT AUTO AUCTION
Robert Rd. & Apple St., Ephrata, PA 17522 717.738.7900 / Fax: 717.738.7930
Tuesday 10:00 AM gardenspotautoauction.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
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 YORK STATE LINE AUTO AUCTION 830 Talmadge Hill Rd. S. Waverly, NY 14892
607.565.8151 / Fax: 607.565.3915
Ally Financial Open Sale –EVERY FRIDAY, 9:20 AM
GM Financial Open Bi-weekly. Simulcast in all lanes. 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
PUBLIC AUCTIONS
CAPITAL AUTO AUCTION
5135 Bleigh Ave., Philadelphia, PA 19136 215.332.2515 / Fax: 215.332.2534 capitalautoauction.com
CAPITAL AUTO AUCTION
5001 Beech Rd, Temple Hills, MD 20748 301.316.4980 / Fax: 301.316.4982 capitalautoauction.com
22 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023
MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023 | 23 1-800-366-2141 | 88 Auction Road | Manheim, PA 17545 | www.dealergoodies.com Deals You’ll Love! Deals You’ll Love!
MARYLAND FORMS DEALERS CAN ORDER
PENNSYLVANIA FORMS DEALERS CAN ORDER
Over
ADP FORMS
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.
24 | MIDATLANTIC DEALER NEWS | MIDATLANTICAUTODEALERSUNITED.ORG • FEBRUARY 2023
DESCRIPTION QUANTITY $MEMBER $NON-MEMBER MEMBER EXT NON-M EXT “As is” Supplemental Statement ____ $24.00 $48.00 $ _______ $ _______ Buyers Guide Plastic Holders (50) ____ $40.00 $80.00 $ _______ $ _______ Buyers Guide Window Form $20.00 $40.00 $ $ Buyers Guide Window Form (Spanish) $18.00 $36.00 $ $ Consignment & Sales Agreement Form ____ $25.00 $50.00 $ _______ $ _______ Deal Jackets $30.00 $60.00 $ $ Fees Chart (wall mount) $14.00 $28.00 $ $ Fraud Hotline Poster $14.00 $28.00 $ $ Installment Sales Contract (100) ____ $150.00 $300.00 $ _______ $ _______ Interpreter Confirmation of Translation $25.00 $50.00 $ $ Key Tags (250) $32.00 $64.00 $ $ Lease Agreements $78.00 $156.00 $ _______ $ _______ Limited Warranty $26.00 $52.00 $ _______ $ _______ No Purchase Required Disclosure $24.00 $48.00 $ $ Notary Receipt Pad $15.00 $30.00 $ $ Odometer Mileage Statement ____ $18.00 $36.00 $ _______ $ _______ Power of Attorney Disclosure Forms $18.00 $36.00 $ $ Rental Agreements $32.00 $64.00 $ $ Retail Buyer Order Form ____ $32.00 $64.00 $ _______ $ _______ Secure Power of Attorney ____ $50 00 $50 00 $ _______ $ _______ Secure Power of Attorney Log Book $15.00 $30.00 $ $ Temp Tag Log Book $15.00 $30.00 $ $ Title Release Authorization ____ $15.00 $30.00 $ _______ $ _______ Used Vehicle Record ____ $15.00 $30.00 $ _______ $ _______
Customer Delivery Check List $28.00 $56.00 $ $ Customer Proposal $28.00 $56.00 $ $ Damage Disclosure ____ $28.00 $56.00 $ _______ $ _______ Delivery Confirmation $28.00 $56.00 $ $ Goodwill Repair Acknowledgement $28.00 $56.00 $ $ Insurance Coverage Acknowledgement ____ $28.00 $56.00 $ _______ $ _______ Lease Spot Delivery Agreement $28.00 $56.00 $ $ Notice to Co-Signer $28.00 $56.00 $ $ Trade-In Appraisal $28.00 $56.00 $ _______ $ _______ Subtotal $ $ 6% Pennsylvania Sales Tax $ $ Shipping $ per pound + Special Shipping $ at cost. Total w/o shipping $_________
Dealership Contact_______________________________________________Date Address City_______________________________________________State ______Zip 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. SECURE FORMS QUANTITY PRICE TOTAL $ DUE Secure Power of Attorney (3 part-50 per package) $20.00* $ ________ Secure Dealer Reassignment (1 part-100 per package) $20.00 $ Total Secure forms order $ 6% Mar yland Sales Tax Shipping TOTAL enclosed for Secure forms $ ________ NON-SECURE FORMS QUANTITY $MEMBER NON-$MEMBER TOTAL $ DUE Cash Sales Contracts (100 per pack) $47.00 $94.00 $ ________ Odometer Mileage Statement (100 per pack) $18.00 $36.00 $ FTC Buyers Guide (100 per pack) $28.00 $56.00 $ Check one: AS IS IMPLIED Restricted Power of Attorney (100 per pack) $10.00 $20.00 $ ________ Deal Jackets (100 per pack) $24.00 $48.00 $ ________ Test Drive Agreements (100 per pack) $28.00 $56.00 $ ________ Total Non-Secure forms order $ 6% Mar yland 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
questions you may contact Cynthia Slemons at 717.238.9002 ext. 16 or Cynthia@piada.org .
IADA = PIADA + MDIADA + DEIADA
Shannon at 717.238.9002 x 18 Shannon@piada.org www.piada.org • www.mdiada.org • www.deiada.org FOR INFORMATION ON MEMBERSHIP... Pennsy lvania| Maryland|Delaware Dealers Association MidAtlantic Regional Independent Automobile JOIN TODAY! Shipping Cost:
– 4 packs = $10.00
– 10 packs = $15.00
For
MIDATLANTIC
Contact
1
5
10 packs – Please
for
call ahead
pricing.
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