DEALER NEWS
The official magazine of the MIDATLANTIC INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION
PENNSYLVANIA • MARYLAND • DELAWARE
1501 North Front St., Harrisburg, PA 17102 (717) 238-9002 | midatlanticiada.org
EXECUTIVE BOARD
Bert Straub, President 1st Choice Auto LLC, Fairview, PA bertcstraub@gmail.com
Dan Limongelli, President-Elect Jo Dan Motors, Plains, PA jodanmotors@gmail.com
Danielle Royer, Treasurer Royer’s 322 Motors, DuBois, PA royers322motors@gmail.com
Michael Mansour Secretary Car Connection, New Castle, PA mike@carconnection1.com
Noah Melamed, Chairman Ticket to Ride Auto, Lancaster, PA nmelamed@yourttr.com
BOARD MEMBERS
Clint Weaver America's Auto Auction, Harrisburg, PA clint.weaver@americasautoauction.com
Lisa Cohowicz North East Pennsylvania Auto Auction, Scranton, PA lisac@nepautoauction.com
Tom Hodges, Vice-President Tom Hodges Auto Sales, Hollywood, MD tom@tomhodgesauto.com
Beth Melamed Ticket to Ride Auto, Lancaster, PA bmelamed@yourttr.com
Gregg Pachik Manheim Philadelphia, Hatfield, PA gregg.pachik@manheim.com
Kerri Rotunda America’s Auto Auction Erie, Corry, PA kerrir@corryade.com
Tom Campbell Reliable Car Connection, Allentown, PA tcampbell@reliablecarconnection.com
Gunnar Horst
Advantage Auto Sales & Credit, Quakertown, PA gunnarh@wefinanceyou123.com
Jashan Singh-Singh Automotive Sales LLC, Millersville, PA jashanf1@gmail.com
Melissa Rowan Red White and Blue Autos, Inc., Ashland, PA melissa@rwbautos.com
Tom Brandis, Executive Director tom@midatlanticiada.org | (215) 805-2034
Kathy Sabaski, Deputy Executive Director kathy@midatlanticiada.org | (267) 733-5402
Copyright 2024
6 | HOW BOOMERS AND MILLENNIALS DIFFER
As trillions of dollars shift from one generation to the next, younger generations are redefining wealth by prioritizing experiences over possessions. This trend, known as the "YOLO economy," challenges traditional financial values, sparking fresh perspectives on how we balance security with enjoyment.
8 | THE HOLIDAY SEASON: BALANCING EMPATHY AND RESPONSIBILITY FOR A SUCCESSFUL CUSTOMER RELATIONSHIP
The holiday season can be financially tough for buy here, pay here (BHPH) customers, making it essential for dealership staff to balance empathy with accountability. By understanding customers' challenges and offering support, dealerships can strengthen trust and build lasting relationships that benefit both the business and the lives of their clients.
17 | DEALERSHIPS UNPREPARED FOR CYBERSECURITY BREACH
Following a recent cybersecurity breach, most auto dealerships are now less willing to rely on their Dealer Management Systems (DMS) for handling sales and finance processes, citing concerns over cybersecurity vulnerabilities. Although dealerships are more focused on protecting customer data, many still lack comprehensive vendor security assessments and feel only moderately prepared for future breaches.
19 | NO PLAN? THAT WOULD BE A DISASTER
Disaster planning is essential for business continuity, especially in scenarios like cyber attacks or provider outages, where normal operations are disrupted while life continues as usual. This article highlights the importance of preparing tailored response strategies for specific threats, enabling businesses to stay resilient when faced with unexpected challenges.
22 | COACHING YOUR TEAM
Dealership owners and managers often struggle with turnover and performance issues due to a lack of structured, consistent training and oversight, leading to a need for daily coaching and clear metrics to reinforce goals and build habits.
PRESIDENT’S MESSAGE
Gratitude, Growth, and Giving Back: Reflections on Our Industry's Journey
BY BERT STRAUB, PRESIDENT
As I sit here reflecting on what I might share with each of you, I am filled with gratitude for the significant work we do, the association we've built, and the strong community we've formed. With the election behind us, Thanksgiving celebrated, and the holiday season ahead, this is a time for us to consider what it means to be part of an industry that impacts many lives, including ours.
First, I'm thankful to live in a country where I can pursue a career I love, and I am proud to be part of the car business. I'm grateful for our association and the dedicated team that ensures we, as independent dealers, are supported and represented. Special thanks go to Tommy Brandis for his unwavering leadership, guidance, and the daily dedication he brings to help keep us compliant, safe, and profitable. His work allows us to focus on what we do best while knowing our interests are safeguarded.
It's an honor to serve as the President of an association whose board is so committed to growth and progress. Your active participation and dedication are the driving force behind our expansion, our deepening commitment to compliance, and the fostering of an environment where all independent dealers know the rules, follow them and serve our customers excellently.
On a personal note, I'm incredibly grateful for my family's support in navigating the demands of our dynamic industry. I'm sure many of you can relate to the challenges we face, and I want to express my heartfelt thanks to all of you for your understanding and encouragement.
As we approach the new year, I'd like to extend an invitation to give back to an industry that has provided so much to all of us. Whether you operate a single-lot dealership or multiple locations, consider leaving a legacy for your family by stepping up and getting involved. We're always looking for leaders to join our board and vendors to keep supporting the innovations that drive us forward.
Thank you for being a part of this community. I wish each of you a joyous holiday season, a Merry Christmas, and a prosperous New Year.
Warm regards, Bert
GET TO KNOW YOUR MIDATLANTIC STAFF
n
How may we help you? Learn more about your Association staff members serving you! Our friendly and knowledgeable staff is always here to help members. Call or email us today!
Tommy Brandis Executive Director (215) 805-2034 tom@midatlanticiada.org
Kathy Sabaski Deputy Executive Director (717) 238-9002 kathy@midatlanticiada.org
Steve Smith Operations Manager (717) 238-9002 steve@midatlanticiada.org
Cynthia Slemons Membership Specialist (717) 238-9002 cynthia@midatlanticiada.org
Nicole Autry Dealer Set-Up Unit (717) 317-1966 nicole@midatlanticiada.org
Christine Everett Lead Title Clerk (717) 238-9002 christine@midatlanticiada.org
India Thomas Title Clerk (717) 238-9002 india@midatlanticiada.org
Ally Lanious Business Assistant (717) 238-9002 ally@midatlanticiada.org
EXECUTIVE DIRECTOR'S MESSAGE
REFLECTING ON 2024
BY TOMMY BRANDIS, EXECUTIVE DIRECTOR
Hello Dealers,
It’s hard to believe that I am writing my last message of 2024. I will keep this short because this edition is so jam-packed with information that I have basically been squeezed to a half page. I have been reflecting on my first full year as your Executive Director and I want to thank you for your trust and support in moving the MidAtlantic IADA into 2025. I want to thank my TEAM at our Harrisburg HQ for all their hard work this year. I feel we have built a solid foundation for our association to move forward and grow.
On a personal note, being an independent dealer for 32 years and a past board member since 2008, I have always wanted to “give back” to the industry that has supported my family for so long. This year, after accepting this position, I have found my “why.” That is to bring Knowledge, Education and Training to as many dealers as inexpensively and accessible as possible. I look forward to serving you in 2025 and beyond.
I want to wish everyone a safe and happy holiday season. Enjoy the time with your family. 2025 is going to be a great year!!!
If you have any questions, concerns or ideas, I can be reached at tom@midatlanticiada.org or my direct number, which is always on (215-805-2034).
Until next month, Tommy
PA Title and Registration Services Reasons
Dealer Title / Duplicate Dealer Title
Dealer Title / Duplicate Dealer Title (Waiting)
Dealer Title / Duplicate Dealer Title with Lien
Dealer Title / Duplicate Dealer Title with Lien (Waiting)
Lost Title for Customer into Dealer Title
Dealer Repo Title
Dealer Repo Title with Lien
Salvage Certificates
PennDOT Messenger Service: $15.00 Make one check payable to “PIADA” for the service fee, with an
request made payable to “PennDOT.”
RETAIL Online Title & Registration Service Fee: $25.00
RETAIL Tag Issuance (excluding PennDOT required replacement): $38 00 Make ONE check per deal for the total of all
to “PIADA ” Any item submitted with third party or retail customer check for
and
fees will be forwarded to PennDOT for processing, as PIADA has no recourse for non-negotiable payments.
PIADA offers Dealer & Salvage Certificate processing on the Spot, Messenger, and Retail Services
Immediate Window Services (limited to 10 items per dealer per day)
1 - 2 Business Day Turnaround on most work Training coming soon! Keep an eye out on our website. Visit us Monday - Friday 8:30am to 3:00pm or submit docs to be processed via FedEx, UPS or USPS to PIADA 1501 N Front Street Harrisburg, PA 17102
How Boomers and Millennials Differ
BY PEACHTREE PLANNING
BY MATT JUSTICE, VICE PRESIDENT, AND DAVID GIBSON, MBA
We are in the midst of an unprecedented transfer of wealth, with trillions of dollars being moved from one generation to the next. This transfer challenges many commonly held notions as new values and interests become more prominent. In short, the economy is changing, and while some of these new practices might raise an eyebrow or two, not all of these ideas are without merit.
For someone from the boomer generation, it might be easy to become upset with or confused by millennials' differing points of view. However, taking note of the differences between the two generations can foster better communication and understanding.
The younger generations, including millennials, Gen Z, zoomers, and whatever else you call them, have a different perspective on wealth than their forebears. As these generations reach middle age, an interesting trend has emerged in emphasizing YOLO
(You Only Live Once). Now that these generations have the steering wheel, they seem to be stepping on the gas and running full force into exciting, once-ina-lifetime experiences.
At this point, it bears looking at the “why” of the YOLO economy. In other words, why do these forty-somethings spend as if there is no tomorrow?
Less money: Your average 40-year-old earns about $49,000 a year. While this is more than the 40-year-olds of the previous generation, the rising cost of living has taken a significant bite out of that difference.1
Less control: This generation also holds a smaller piece of the pie. While the postWWII cohort controlled 22 percent of wealth in the United States once it reached middle age, millennials only controlled seven percent.2
Perhaps the biggest factor is less marriage: Middle-aged millennials are less likely to be married or start families than prior generations. Only 44 percent of millennials have walked down the aisle by age 40, compared to 61 percent for Generation X and 53 percent for baby boomers. Only 30 percent of millennials live with a spouse and at least one child, far lower than prior generations. This means that the expenses that come with a family are also off the table. If you aren’t married, the costs of a possible divorce are simply gone. Without children, you don’t have to pay for school clothes each fall, braces, and everything else that comes with helping a child grow up. 3
The result is a very different economic picture for today’s middle-aged individuals. Consequently, all of these differences have informed a different set of values. Among millennials, 78 percent prefer spending money on experiences rather than material things. While prior generations may have placed more importance on things like home ownership, car purchases, and investments, millennials are looking at a different future with disparate priorities. For these reasons, spending on travel, exclusive events, and entertainment has become a priority.4
Of course, many boomers today find themselves in similar situations as middleaged millennials. Most of the boomer generation is in their retirement, with their children growing and perhaps finding themselves needing further stimulation in their golden years. While many keep working part-time, start businesses, or help their families with childcare, there may be a pang of that YOLO spirit in them as well, and a similar yearning for adventure.
"Wealth can serve us in two ways: providing security and allowing us to enjoy life. If you’ve worked hard for that security, maybe it’s time to consider your need for enjoyment."
And for good reason. While their middleage experiences may have been very different, there is no better time than now to take that big trip you’ve always thought about. Maybe it’s time to splurge on those expensive concert tickets or challenge yourself through a special adventure that always seemed impractical, like learning to SCUBA dive or skydive.
This might be too far for some, but it’s important to remember that wealth can serve us in two ways: providing security and allowing us to enjoy life. If you’ve been working hard with your financial professionals to pursue that security, maybe it’s time to talk to them about your need for enjoyment.
It’s also possible that the younger people in your family have done too much YOLO and not enough saving and investing. A conversation with a trusted financial professional may help them understand how to balance living for today and preparing for tomorrow. n
1. Businessinsider.com, February 22, 2023
2. Fortune.com, March 22, 2023
3. Pewresearch.org, October 19, 2023
4. Harris Interactive, October 19, 2023
To reach a Peachtree Planning representative, visit peachtreeplanning.com or phone (770) 897-4913.
Happy Holidays!
As the holiday season arrives, we want to thank you for being part of our community. Your support has made this year special, and we're honored to serve you. Wishing you and your lovedones a joyful holiday season and a new year of health, success, and opportunities!
Ally, Cyndi, India, Kathy, Nikki, Steve & Tom
THE HOLIDAY SEASON:
Balancing Empathy and
Responsibility for a Successful Customer Relationship
BY BILL ELIZONDO, NATIONAL SALES MANAGER, BUCKEYE DEALERSHIP CONSULTING
The holiday season brings opportunities to strengthen relationships, even in business. In the buy here, pay here (BHPH) industry, where customers must make regular payments to keep their vehicles, it’s essential to support them during what can be a financially challenging time. For many, a vehicle isn’t just a convenience—it’s a necessity for work, school, and family obligations. But, with added holiday expenses, some customers may struggle to keep up with payments, making it crucial for dealership staff to balance empathy and accountability.
Understanding these challenges can strengthen long-term relationships. Many BHPH customers face limited options, seasonal job fluctuations, or tight budgets. The holidays can amplify these stresses, particularly for single parents or those striving to give their families a memorable holiday. Building a relationship based on empathy and support can make a real difference, as it encourages open communication benefiting both the customer and dealership.
Building Strong Relationships
openly. Simple gestures like listening to concerns or offering a warm greeting show customers they’re more than just account numbers, making tough conversations easier. Here’s how you can show empathy:
1. Acknowledge Their Situation: Recognize the challenges of the season with a simple statement like, “I know things can get tight around the holidays.” This assures customers you see them as individuals.
2. Offer Practical Advice: Share basic budgeting tips or discuss the importance of their car payment. This can help them feel more in control.
3. Explore Payment Options: If policy allows, consider flexible options like short-term deferrals. While not always possible, showing willingness to work with them reinforces trust.
Building a relationship based on empathy and support can make a real difference, as it encourages open communication benefiting both the customer and dealership.
The success of a BHPH dealership goes beyond transactions. Trust and understanding with the customer are key. When customers feel valued, they’re more likely to communicate
Balancing Accountability
While empathy is key, accountability is essential, too. Timely payments are crucial for managing vehicle accounts and avoiding repossession. Gently reinforcing this responsibility is important. For example, saying, “I know things may be tough, but staying on top of your payments will help avoid further stress,” shows support while underscoring their obligations.
Tough Conversations with Care
Some conversations may be unavoidable, like reminding customers of due dates or discussing missed payments. Here are strategies to handle these with compassion:
1. Be Direct but Kind: Don’t avoid the issue, approach it sensitively. For instance, say, “I want to help keep your account in good standing, so we’ll need to stay current on payments.”
Balance Empathy and Accountability
The holiday season tests financial resilience for many customers. By balancing empathy and accountability, you can help them navigate this time with confidence. This support not only aids customers during a challenging season but also builds a long-term, positive relationship that benefits your business and the lives of those you serve. n
By balancing empathy and accountability, you can help customers navigate the holiday season with confidence, strengthening trust and fostering long-term relationships.
2. Listen to Understand: Let customers explain their situation. This not only helps you provide better solutions but makes them feel heard.
3. Provide Clear Options: If adjustments are available, make sure the customer understands their options, helping them feel more empowered.
4. Emphasize the Bigger Picture: Remind customers how important their car is for their responsibilities, encouraging them to stay on track.
Celebrating Wins Together
Acknowledging when customers manage their accounts well, especially during the holidays, reinforces positive behavior. A simple “Thank you for staying on top of things” can go a long way in building confidence and commitment.
MidAtlantic-halfpage-Dec2024-PRINT.pdf 1 11/1/24 12:36 PM
Bill Elizondo has more than 30 years of
experience in the industry, recently serving as a senior 20 Group moderator and consultant for the National Independent Automobile Dealers Association. In that role, he frequently trained dealers and their staffs on all aspects of their operations focusing on sales, collections, and leadership. Elizondo also worked for and with some of the largest auto and financial businesses, including more than 15 years with CAR Financial Services where he developed and built operations in several states. Buckeye Dealership Consulting has more than 80 years of combined experience in auto dealer reinsurance programs and F&I products. To learn more about Bill Elizondo or Buckeye Dealership Consulting, please visit buckeyereinsurance.com.
CARLAWYER© the
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 (CFPB), Federal Reserve Board, and Federal Trade 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 any questions.
FEDERAL DEVELOPMENTS
On October 1, the Consumer Financial Protection Bureau issued an advisory opinion to remind debt collectors of their obligation to comply with the Fair Debt Collection Practices Act and Regulation F's prohibitions on false, deceptive, or misleading representations or means in connection with the collection of any medical debt and unfair or unconscionable means to collect or attempt to collect any medical debt. The advisory opinion explains that debt collectors are strictly liable under the FDCPA and Reg. F for engaging in the following unlawful practices when collecting medical bills: (1) collecting an amount not owed because it was already paid; (2) collecting amounts not owed due to federal or state law; (3) collecting amounts above what can be charged under federal or state law; (4) collecting amounts for services not received; (5) misrepresenting the nature of legal
obligations, including collecting on uncertain payment obligations that are presented to consumers as amounts that are certain, fully settled, or determined; and (6) collecting unsubstantiated medical bills.
On October 3, the Consumer Financial Protection Bureau released a chart that summarizes how an entity may determine if it is required to register an order under the Bureau's nonbank registration final rule, which was issued on June 3, 2024. Generally, according to the CFPB, an entity that is subject to an order must register the order with the nonbank registry if the order is a "covered order" and the entity is a "covered nonbank," as those terms are defined in the final rule. The CFPB's nonbank registration final rule - the "Registry of Nonbank Covered Persons Subject to Certain Agency and Court Orders Final Rule" - provides for the creation of a nonbank registry that will collect information about nonbank companies subject to certain publicly available agency and court orders that impose obligations on them based on alleged violations of specified consumer protection laws. Covered nonbank companies also generally must provide an annual attestation from a senior executive regarding the company's compliance with the order. The final rule provides covered nonbank companies certain timeframes to comply with its requirements, including submission of registrations. The webpage provides additional resources for covered nonbank companies when registering
with the nonbank registry and complying with the nonbank registration final rule.
On October 7, the Consumer Financial Protection Bureau published a special edition of Supervisory Highlights that focuses on auto financing. The report highlights CFPB examiner findings of unfair, deceptive, and abusive acts or practices in the auto financing market for examinations completed between November 1, 2023, and August 30, 2024. According to the report, examiners found that "loan originators engaged in deceptive acts or practices through service providers when the service providers mailed prescreened advertisements marketing rates 'as low as' specified APR rates to consumers who in fact had no reasonable chance of qualifying for or being offered rates at or near that level." Examiners also found that "auto-loan originators violated ... Regulation Z because their disclosures did not accurately reflect the terms of the prepayment penalty. ... The TILA disclosure states 'Prepayment - if you pay early, you may have to pay a penalty.' In contrast, the associated retail installment sales contract stated that there was no finance charge if the loan is paid early." Next, the report details examiners' findings with respect to vehicle repossession activities. Examiners found that "servicers engaged in unfair acts or practices when they erroneously repossessed consumers' vehicles (a) when their representatives or service providers failed to cancel orders to repossess vehicles, or act on those cancellations, when consumers
had made payments or obtained extensions that should have prevented repossessions; and (b) when consumers had requested, or the servicer had approved, a COVID-19 related loan deferment or loan modification, consumers had otherwise made timely payments, or consumers made arrangements to pay an amount sufficient to cancel the repossession." Examiners also found that "servicers engaged in unfair acts or practices when they failed to record liens and then repossessed vehicles without a valid lien. When assigning vehicles for repossession, servicers did not verify that they had a valid lien. As a result, they repossessed vehicles from consumers who did not have any prior affiliation with the servicers." The report goes on to address other general issues related to servicing practices, including "applying borrowers' auto-loan payments to post-maturity loans in a different order than that disclosed to consumers on their websites, which resulted in borrowers having to pay late fees," and failing to timely provide consumers with the title to a vehicle after a payoff or when consumers requested the title in connection with transferring vehicle registrations to a different state. CFPB examiners also found multiple law violations in connection with add-on products. Examiners found that auto finance companies, among other things, charged consumers for optional addon products that consumers did not agree to purchase, failed to provide refunds of unearned premiums after early termination of a contract, financed certain add-on products for vehicles that were not eligible because they had salvage titles, imposed onerous requirements on consumers to cancel contracts for add-on products, and failed to honor consumers' cancellation requests. Finally, CFPB examiners found that auto finance companies and servicers furnished inaccurate information to credit reporting agencies.
On October 10, the Consumer Financial Protection Bureau announced that it issued a consent order against a private dispute resolution company, resolving allegations that the company engaged in deceptive and unfair acts and practices in violation of the Consumer Financial Protection Act of 2010 and permanently banning the company from arbitrating
disputes that concern a consumer financial product or service. The dispute resolution company provided an online dispute resolution platform. This platform was used by a vocational training company that operated an online vocational training program and provided "income share" loans to students in that program. In 2023, the vocational training company was shut down by the CFPB and state attorneys general for its alleged illegal lending practices. The current consent order alleges that the dispute resolution company had commenced arbitrations with consumers who had allegedly defaulted on income share loans from the vocational training company. Specifically, the CFPB alleged that the dispute resolution company did not have the ability to arbitrate the vocational training company's claims against consumers because none of the income share loan agreements contained an arbitration clause permitting arbitration on its platform. The CFPB also alleged that the dispute resolution company misrepresented itself as a neutral and impartial arbitrator for consumer debt arbitrations and failed to disclose that it had a financial interest in consumers settling with the vocational training company where the vocational training company promised to pay the dispute resolution company contingency fees for each claim that it settled. Finally, the CFPB alleged that the dispute resolution company required consumers to agree to its terms of service, which purported to bind consumers to the dispute resolution process, before they could view or respond to the vocational training company's claims that they defaulted on income share loans, thereby infringing on consumers' ability to "obtain information," "engage in live testimony," and "contest jurisdiction."
The Consumer Financial Protection Bureau and the Federal Reserve Board recently announced that they are increasing the dollar thresholds in Regulation Z (Truth in Lending) and Regulation M (Consumer Leasing) for exempt consumer credit and lease transactions. The Dodd-Frank Act provides that the dollar amount thresholds for TILA and the CLA must be adjusted annually by any annual percentage increase in the Consumer Price Index. Based on the
annual percentage increase in the CPI as of June 1, 2024, the protections of TILA and the CLA generally will apply to consumer credit transactions and consumer leases of $71,900 or less in 2025. However, private education loans and loans secured by real property (such as mortgages) are subject to TILA regardless of the loan amount.
On October 16, the Federal Trade Commission finalized amendments to its Negative Option Rule, now titled the "Rule Concerning Recurring Subscriptions and Other Negative Option Programs." The Negative Option Rule now applies to all negative option programs in any media. The final rule provides that the following acts and practices are unfair or deceptive within the meaning of Section 5 of the FTC Act: (1) misrepresenting any material fact made while marketing goods or services with a negative option feature; (2) failing to clearly and conspicuously disclose material terms prior to obtaining a consumer's billing information in connection with a negative option feature; (3) failing to obtain a consumer's express informed consent to the negative option feature before charging the consumer; and (4) failing to provide a simple mechanism to cancel the negative option feature and immediately halt charges. According to the FTC's news release, the final rule differs from the proposed rule in two significant ways. First, the proposed rule would have required sellers to provide annual reminders to consumers of the negative option feature. Second, the proposed rule would have prohibited sellers from forcing consumers to receive saves without first obtaining consumers' unambiguously affirmative consent. (A "save" was defined in the proposed rule to mean an attempt by a seller to present any additional offers, modifications to the existing agreement, reasons to retain the existing offer, or similar information when a consumer attempts to cancel a negative option feature.) The FTC is not adopting these provisions of the proposed rule at this time but plans to seek further comment on these provisions through a supplemental notice of proposed rulemaking. Most of the final rule's provisions will go into effect 180 days after it is published in the Federal Register. Continued on next page
CARLAWYER© the
Continued from previous page
On October 22, the Consumer Financial Protection Bureau finalized the Personal Financial Data Rights Rule to implement Section 1033 of the Dodd-Frank Act. The Bureau proposed the rule in October 2023 to move toward an "open banking" system. Section 1033 of the Dodd-Frank Act provides that covered data providers must make available to a consumer, upon request, data in the control or possession of the data provider concerning the consumer financial product or service that the consumer obtained. The final rule implements this provision, providing specificity to the scope of data providers subject to the rule, the data that must be provided to consumers upon request, the interfaces through which data is to be made available, and how third parties may access such information through the consumer's access right. The final rule keeps the proposed rule largely intact, but it does make notable changes, including: (1) exempting from the rule depository institutions that hold total assets equal to or less than the Small Business Administration size standard according to the applicable NAICS code; (2) clarifying that products and services that merely facilitate first party payments from a Regulation E account or Regulation Z credit card, which are initiated by the payee or a payee's agent like a loan servicer, are not subject to the rule; (3) providing that guardians, trustees, custodians, or similar natural persons may effectuate consumer rights; (4) adding a prohibition against evasion for data providers with respect to the obligation to make covered data available; (5) adding a requirement to make available to consumers a truncated account number or other account identifier; (6) specifying that covered data includes payment initiation information directly or indirectly held by the data provider, such as an account and routing number that could be used to initiate an Automated Clearing House transaction; (7) permitting use of tokenized account numbers for payment initiation information; (8) adding detail
to the content required to be included in third-party authorization disclosures; and (9) allowing authorized third parties to retain and use previously collected data as reasonably necessary to improve the consumer-requested product or service despite any revocation request. The rule will be effective 60 days after publication in the Federal Register. The rule provides for compliance deadlines for data providers beginning April 1, 2026, and extending to April 1, 2030, depending on the institution's size.
CASE(S) OF THE MONTH
Debtor's Claims Against Vehicle-Secured Creditor Based on Allegedly Unlawful Repossession Were Subject to Arbitration Provision in Finance Contract, Despite Fact that Creditor Repossessed Debtor's Vehicle Three Months After He Paid Remaining Balance on Contract: In January 2018, an individual financed the purchase of a vehicle. In May 2023, the individual paid off the remaining balance on the finance contract. In August 2023, the finance company hired a third-party repossession company to repossess the individual's vehicle. The finance company contended that the repossession was in response to the individual's prior failure to make all required monthly payments under the contract in a timely manner. The individual sued the finance company, alleging several claims in connection with the repossession. The finance company moved to compel arbitration pursuant to the arbitration provision in the finance contract. The U.S. District Court for the Northern District of Mississippi granted the motion. The individual argued that the arbitration provision was not enforceable because the finance contract containing that provision expired three months before the finance company repossessed his vehicle, when he paid off the remaining balance on the contract. The court disagreed, noting that the termination of an agreement containing an arbitration provision does not automatically extinguish the parties'
duty to arbitrate disputes. The court found that the individual's claims - based on the allegedly unlawful repossessionarose under the finance contract because they involved facts that occurred prior to the expiration of the contract, i.e., the individual's default on monthly payments under the contract prior to his payment of the entire outstanding balance. See Mitchell v. Mercedes-Benz Financial Services USA LLC, 2024 U.S. Dist. LEXIS 185330 (N.D. Miss. October 9, 2024).
COMPLIANCE
TIP
The case above illustrates the importance of two items: (i) ensuring that your contract(s) with the buyer contains an arbitration provision that you can use to compel arbitration of claims raised by your buyer; and (ii) reviewing your arbitration provision to ensure that it may apply to claims raised under the financing contract and/or whether the terms of the arbitration provision may survive the termination or cancellation of the financing contract in the event of payoff. In either situation, it is vitally important that you have an arbitration provision as a sensible protection against class actions and possible reduction of costs. Maybe it’s time to have a conversation with your counsel on these points.
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 and editor of the F&I Legal Desk Book. For information, visit www.counselorlibrary. com. ©CounselorLibrary.com 2024, all rights reserved. Single publication rights only to the Association. HC# 4876-6754-2004
Dealerships Unprepared for Cybersecurity Breach
By Used Car News
The majority of auto dealerships are less likely to want their DMS to handle most of their sales and finance processes today than they were before the recent CDK security breach, according to a new snapshot survey of auto dealers from automotive fintech innovator eLEND Solutions. And, while auto dealerships are concerned about cybersecurity vulnerabilities, the survey reveals a disconnect between these concerns and current security measures: most auto dealership respondents report that they are not feeling fully prepared for future cybersecurity breaches.
“Last June’s cybersecurity breach severely disrupted operations across more than
15,000 car dealerships and was the ‘canary in the coal mine’ for even more destructive cybersecurity events in the future,” said Pete MacInnis, founder and CEO, eLEND Solutions. “This survey underscores that today’s dealerships are increasingly worried about protecting customer’s PII but lack confidence in the security provided by their vendors, or the measures to fully protect their single system platforms from future cyberattacks.”
The snapshot survey, which was fielded online by eLEND Solutions among US auto dealers in September 2024, found that 86% of auto dealerships surveyed rely on a single system for managing critical
operations such as Sales, Finance, Service/ Parts, Inventory, Accounting/Payroll, but that, after the recent cybersecurity breach, 76% are less likely to want their DMS (Dealer Management System) to handle their Sales and Finance processes, agreeing that diversification could be beneficial and reduce risk.
Consumer PII (personally identifiable information), and vendor protection of that data is a specific concern of the auto dealers surveyed, with 62% of respondents saying that the cybersecurity of customer’s PII is much more important in their process for evaluating and selecting vendor partners today than it was two years ago.
To that end, 93% say that vendor partners who have access to their consumer PII data should be required to provide information security protection, assessments. Astonishingly, however, most do not have those security assessments in place, with only 8% saying all, or nearly all, of their vendors provide them.
Not surprisingly, when asked about the cybersecurity threats that worried them the most, ‘Data Breaches’ topped the list, followed closely by ‘Phishing Attacks’. And, although the vast majority of dealerships, 95%, say they have a documented cybersecurity policy in place, 58% say they are only somewhat, or not very prepared to manage a potential cybersecurity breach in the future.
“It is not a question of if, but when, the next serious cybersecurity breach will happen – and being partially protected, like the majority of dealers in our survey, is really not being protected at all. But it is not a problem one dealership or one vendor can fix, nor is it just an infrastructure hardware/ software issue, or just a DMS issue,” continued MacInnis. “The good news is that we can mitigate most risks if we are vigilant and come together as an industry to solve it - and that means vendor security assessments checked and double checked, ironclad compliance and data safeguards, full integration of all touchpoints as data moves across processes and workflow - from the initial point of the customer journey to its end.” n
NO PLAN? THAT WOULD BE A DISASTER
BY JOE ALLEN, IGNITE CONSULTING PARTNERS
When I worked at AutoStar Solutions, I led a quarterly exercise where I'd present a hypothetical disaster scenario to the management team and we'd discuss how we'd respond and continue our business. Weather related emergencies, war, cyber-security, and even negative publicity were all subjects we covered. We didn't seek to find all the answers during these sessions, but it gave us a good roadmap to follow if such an incident were to occur.
This type of planning has crossed my mind lately as several clients have reached out wanting to discuss their own disaster preparation. The scenario that has come up repeatedly has been how to continue the business if there were to be a cyber-security incident or if a key service provider suffered one and was taken offline. The two most frequent questions have involved either the DMS or a payments provider being incapacitated for some length of time.
Do You Have Any Sort of
Disaster Plan?
In conversations with people, there is a tendency to refer to a disaster plan that's been adopted for a weather related emergency, since those are the most common disasters that folks plan around. That's a start, but I don't think it fits very well with the scenario we're discussing. In the case of weather, everyone's life is being disrupted. Customers and employees alike may not be able to make it to your store and phones and internet may be down. In a more targeted scenario such as the one being presented here, life goes on. Customers are able to get to and from work, the lines of communication are still open, and on the surface it's "business as usual" for everyone but you and perhaps anyone else using the same service provider.
Create A Specific Plan
To maintain some basis of business continuity in this type of crisis, it's important to develop a plan ahead of time. We've led clients through an exercise where we gather the key business leaders and discuss how to still sell cars, collect payments and carry on other functions. The goal is to come out of that meeting with a short outline (a few pages) of how continuity would be achieved. For one client, it was printing off 100 blank deal files and making sure the sales department knows how to complete forms and document a sale if the DMS is down. For another, it was establishing a written process for recording payments and keeping records for later input. This is not "one size fits all," the approach has to consider the size and complexity of the business as well as the talents and capabilities of staff.
A Call to Action
Disaster planning isn't fun, and it certainly isn't as urgent as the day to day emergencies that take a lot of attention; however, in the face of some catastrophe it really is a "bet the business" issue, as many dealers learned during the CDK cyber attack. We encourage everyone to spend some time as a leadership team and address your own threatening scenarios. Once that's done, share it with your entire team, so everyone is following the same map if disaster does strike.
Ignite is here to help identify complexities and create solutions that will keep you in business during these critical times. We have experts with decades of experience in identifying and reducing risk. Reach out today to info@ignitecp.com. n
MidAtlantic IADA would like to express our gratitude to the following Annual Sponsors for their generous donations, which have brought this Pro-Bowl Line Up to the MidAtlantic Region.
HEALTHCARE MEMBER BENEFIT
COACHING YOUR
BY GENE DAUGHTRY, SENIOR CONSULTANT AT AMS CONSULTING
So often, in my travels in and out of dealerships, and in discussions on social media I hear or read from dealers about turnover, cannot get production and they do not want to watch over the team.
That is the rub, the team needs watching over. “Cats away, the mice will play” is a relevant saying. Another is “Man is like the river, he will follow the path of least resistance”. Owners and General Managers want to focus on other things besides the daily grind. If they do not make the teams aware that the boss is watching, and understands what is going on, there is no solid path for employees to follow.
Often the owners and GMs know it is their weak spot, training. Trying to tell any group what to do through a couple of days’ training isn’t going to help them in the long term. New collectors, new sales or new technicians start out a little lost and will eventually learn what to do from a more experienced person on the team. I will go in and audit the operations for an owner. I will visit with every
team member individually and find out what they do, what they believe they are supposed to do and what they feel they could do differently and why.
So often, turnover comes from a lack of training and clear expectations. Employees try to do their best but end up following different advice from others on the team.
So many dealers in our space are good at some aspects of the business, buying cars for example. Some dealers are great salespeople that started their own operation. Others got into the business because they saw the ROI possibility as they interacted with someone already in the industry and felt BHPH would be a good investment. Like most of us, these folks all had to pay the tuition at the school of hard knocks and learn about the other aspects of BHPH necessary to operate and make that ROI. I have seen a lot of struggling to make ends meet after a
few years of operation and owners are lost as what to do next. The owners don’t see the return expected or are working much harder than they wanted to be and do not know what to fix.
I go into dealerships to be a second set of eyes and find out where I see problems that need addressing. Often, before I leave, the dealers will say that I pointed out things they already realized or suspected and just needed a “kick in the pants” to make changes. Once I talk with everyone in an operation, write a summary of what I found and make suggestions the dealers will agree and together we decide what would be best to implement and some suggestions how.
Many times, the issues are from the people employed to handle tasks, but they are not sure exactly what the goals are. I hear repeatedly “I wear all the hats” from someone identified as a manager. The dealer started out hiring someone in the early stages and if that hire was a reliable person the dealer could walk away and let the “manager” handle whatever came
up. No specific policies or procedures in place, just get cars out of the shop, sell them and let’s collect the money. I will go through the review or summary of my findings talking about the different tasks being handled. I’ll get to a task, explain what I was told by employees, and the owner or GM will say “that’s not what we do” and I have to tell them, maybe it’s not what you want done but it is what your people are doing now.
In these conversations I point out the largest issue some dealers have is themselves. So many dealers are busier than they could have ever imagined. They like a part of the business that got them started but all the rest of the issues they face never seem to stop and there is no time to make changes to slow the tide of problems. Every day there is so much happening, often seeming to be bad, that the dealers “lock up” and do not do anything but the basic buy and sell of cars.
Your people need structure, and that structure needs daily management to build habits, provide guidance, and reinforce goals. Just like in sports, even top performers need regular coaching to improve.
Coaching each day and reviewing a couple of specific examples from the day before is a great way for everyone to hear what you believe, and they can talk about it with each other. Football, Baseball, Basketball, soccer, softball, track and every other sport has specific coaches
from little league through the pros. Those pro players are paid millions but still need coaching and training every day. It is the same with your teams.
The point of this article is to say to owners and managers that your people need to have structure, and that structure needs to be managed every day for a while to build habits and go through enough examples so employees know how you think. Whether it is sales, service or collections each department needs to have metrics that are measured daily, and a little time spent reviewing those metrics each day. It doesn’t take long to review the numbers, it doesn’t really matter which numbers you review as long as they are relative to what the staff is doing.
Each morning, if I am coaching, I would have a short meeting with the team and go over the metrics. We start out discussing the big picture numbers, where we are in comparison to last week and how we are tracking, today vs yesterday, to achieve the Friday close of business goal for each department. It doesn’t matter if the team is collecting, selling or in the shop I always have the meeting with the group together and review the same metrics for each person. We would go over the high-level numbers that the owner is watching and then review the same metrics for each individual. Daily, at first, I would review where we are in respect to those goals, how I am getting the information and what is important to improving the metrics by Friday. I always try to get the dealers to add individual bonuses tied to the metrics at the end of the day on Friday and include a team bonus for hitting the main metric (a
low level or easy bonus and a “champagne bonus” for knocking it out of the park). The team bonus should be large enough to get attention and the amount of money should be split equally by EVERYONE involved in the team or department.
Every day, I will put my numbers together and review a few accounts, customer applications or shop tickets from the day before. Anything that I found interesting or that would make a good example I would be ready to discuss. I ask questions about each example so the group could discuss their thinking and have the group chime into each other about what might have been a better response or decision choice. These meetings are not chewing out sessions but more coaching, positive discussion about the how and why of a different strategy. I would also point out good decisions on repairs or notes from collectors when I see them picking up the coaching.
So often turnover comes from a lack of training and understanding of what is wanted from the employee. The employee tries to do right but hears so many ways from the other employees. The information should be coming from you, audited by you and reinforced with your input. Don’t spend a huge amount of time on this, don’t get to many metrics…keep it simple and positive but keep it going. It generally takes about 2 weeks to create habits, good or bad. n
With over 30 years of experience in automotive retail, Gene Daughtry has held a variety of roles, from Sales Manager to General Manager, and has developed four Buy Here Pay Here (BHPH) dealerships across Texas, Indiana, and Arkansas. Gene brings extensive operational expertise in BHPH, providing consulting and training to dealerships nationwide, where he assists with business planning, procedure writing, staff training, compliance, and more. Currently, he serves as a Fractional COO and has held the role of Fractional Manager for a finance company, using his experience to optimize operations, enhance portfolio performance, and drive profitability.
PENNSYLVANIA
ADESA MERCER
AUCTION DIRECTORY
758 Franklin Road, Mercer, PA 16137
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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
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Thursday 8:45 AM harrisburgautoauction.com
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814.664.7721 / Fax: 814.664.7724
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Thursday 9:45 AM Office: MTF 8-5:30 W-Th 8-6:00 cpaautoauction.com
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Tuesday 10:00 AM gardenspotautoauction.com
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Tuesday 1:45 PM greater-erie.com
KELLER BROS AUTO AUCTION
1030 Schaeffer Rd., Lebanon, PA 17042
717.949.2349
Wednesday 2:00 PM kbautoauction.com
LEHIGH VALLEY AUTO AUCTION
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Wednesday 5:00 PM lehighvalleyautoauction.com
MANHEIM KEYSTONE
488 Firehouse Road, Grantville PA 17028
717.469.7900 / Fax: 717.469.2842
Public auction every other month. 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; Fridays Sale 8:30 AM manheim.com
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2280 Bethlehem Pike, Hatfield, PA 19440 215.822.1935 / Fax: 215.822.8140
Tuesday 9:30 AM; TRA Sale - Tues 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
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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 4805 Philadelphia Rd.,
WEDNESDAY,
DECEMBER 18TH | 9AM
