the Front Row | July/August 2018

The official publication of the Washington State Independent Auto Dealers Association

July | August 2018

Summer Learnin’ Education Fairs East & West

Non-Disparagement Clauses POTUS NIXES CFPB

PLUS...

How NOT to respond to a harassment claim

People Matter Most.

David Pendergraft GM, DAA Northwest

For us, it’s about more than the bottom line.

Choose an auction with the right priorities.

McConkeyAuctions.com

The official magazine of the

WASHINGTON STATE INDEPENDENT AUTO DEALERS ASSOCIATION

JULY/AUGUST 2018

707 Auburn Way South Auburn, WA 98002 T: 253-735-0267 | F: 253-804-0844 staff@wsiada.com WSIADA.COM Mo Aliabadi, Board President South Tacoma Auto Sales, Inc. Mo@southtacomaauto.com

Randy Fletcher, President Emeritus In N Out Auto Sales | inandoutwa@gmail.com

Emil Scarsella, Board Treasurer Town & Country Auto Sales | E.Scarsella@hotmail.com

J.T. Curry, Board President Emeritus Motors Northwest | JT_Curry@motorsnorthwest.com

Ken Williamson, Board President Emeritus John’s Auto Mart, LLC | JohnsAutoMart@msn.com

AJ Hamedian, Chapter President – North Cascade

contents

Excellent Choice Auto Sales, LLC aHamedian@yahoo.com

Andrew Drager, Chapter President – North Sound Drager’s International, Inc. | Andrew_Drager@mac.com

2 | President’s Message

Brian Corigliano, Chapter President – Spokane Globe Motors | GlobeMotorsUSA.com

4 | Events Calendar

Andrew Harding, Chapter President – Tri Cities

5 | Executive Director’s Message

Harding Motor Co. | HardingMotorCompany@gmail.com

Vacant, Board Secretary Vacancy - Board Vice President Vacancy - Chapter President – South Sound Vacancy - Chapter President – Vancouver Vacancy - Chapter President – Yakima WSIADA STAFF Todd C. Elliott, Executive Director Colette Eilers, Receivables/Payables Ashlie Seipert, Education | Membership Manager Rick Olson, Project Manager Jason Ludwig, Marketing Coordinator Mila Froman, Member Services Michael McGaughy, Spokane Auctions

PUBLISHER Sygnifi Networks wsiada@sygnifi.com ©Copyright 2018 WASIADA MEMBER

7 | WSIADA Digital Corner 8 | Harassment Claims 10 | Membership Updates 11 | POTUS Signs CFPB Resolution 13 | Dept. of Licensing Updates 14 | Auction Listings 15 | Non-Disparagement Clauses 16 | Service Providers Directory 17 | Dealer Alert Digest 19 | Registration Form: Education Fairs 21 | Read and Respond Continuing Ed Quiz 23 | Enrollment Form: WSIADA Membership 24 | Just for Fun

the Front Row | wsiada.com | July/August 2018 |

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ADVERTISER INDEX

P

lease thank our sponsors for their generous support by considering their services and mentioning that you saw them here!

PRESIDENT’S MESSAGE

“An Investment in Knowledge Pays the Best Interest”

~Ben Franklin

M

Adesa . . . . . . . . . . . . . . . . . . . . . . . . 6

any of us got into this business because we love cars and found we can make a good living.

Then we found that our livelihood depends on knowing the many rules and regulations that govern our industry.

AUL . . . . . . . . . . . . . . . . . . . . . . . . . . 4 AutoZone . . . . . . . . . . . . Back Cover Benchmark . . . . . . . . . . . . . . . . . . . 15 DAA Northwest . . . . . . . Inside Front LeMay, America’s Car Museum . 18 Lobel Financial . . . . . . . . . . . . . . . . 3 Manheim . . . . . . . . . . . . Inside Back Rekdal Hopkins Howard . . . . . . . . . 7 Shepard & Shepard Insurance . . 12 Skywerks . . . . . . . . . . . . . . . . . . . . . 20 Service Provider Directory . . . . . 16 Smart Office Rewards . . . . . . . . . . . 9 SmartSocial . . . . . . . . . . . . . . . . . . 14

To make sure you know your stuff, the State requires proof of 5 Continuing Education (CE) Credits in order to renew your Dealer’s License.

An easy way to get educated and earn the CE credits necessary to renew your dealer’s license is to attend the WSIADA 2018 Education Fairs; Our East Fair is in Spokane on July 17th. The West Fair is in Tacoma on August 18th. Registration information is on page 19 of this magazine as well as on wsiada.com. I encourage you to attend one of the Education Fairs—not just for the knowledge, the lunch and the CE Credits, but also to mingle with dealers who, like you, love the car business and believe that an investment in knowledge pays the best interest.

I invite you to register now if you haven’t done so already. All of us on the board hope to see you at one of this Summer’s Education Fairs!

I’ll leave you with a favorite quote from Ben Franklin, who’s purported to have said, “He that is good for making excuses is seldom good for anything else.”

Don’t make excuses, register now!

And as always, feel free to contact me,

TARGET YOUR ADVERTISING DOLLARS! CALL FOR A MEDIA KIT:

253.735.0267

Mo Aliabadi Mo Aliabadi, President South Tacoma Auto (253) 208-8090 mo@southtacomaauto.com

2 | the Front Row | wsiada.com | July/August 2018

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3

Events Calendar NOTE: Please check our online calendar to confirm dates and locations and to see dates further out.

Education Fairs Education Fair EAST

Tri-Cities MON SEP 24 | 7 - 9pm Clover Island Inn 435 N Clover Island Drive Kennewick 99336

(9am to 1pm)

TUE JUL 17 2010 S. Assembly Rd, Spokane 99224

THU JUL 26.............. Auburn HQ

WED AUG 22.......... Spokane

Education Fair WEST

THU AUG 30............ Auburn HQ

THU AUG 16 LeMay - America’s Car Museum 2702 East D Street, Tacoma

THU SEP 20.............. Auburn HQ

TUE SEP 25............... Kennewick

WED SEP 26............ Yakima

THU OCT 18............ Spokane

THU OCT 25............ Auburn HQ

THU NOV 08............ Auburn HQ

Spokane

THU DEC 20............ Auburn HQ

WED OCT 17 | 7 - 9pm Hilton Garden Inn Spokane Airport 9015 US-2, Spokane 99224

Pre-Licensing Workshops (9am to 5pm)

Title Workshops

THU JUL 12.............. Auburn THU AUG 09............ Auburn TUE AUG 21............ Spokane THU SEP 13.............. Auburn THU OCT 11............ Auburn WED OCT 17........... Spokane THU NOV 08............ Auburn TUE DEC 04............. Spokane THU DEC 13............ Auburn

Chapter Meetings Vancouver SAT SEP 11 | 12:30 - 2:30pm Manheim Portland 3000 N Hayden Island Drive Portland, OR 97217

Yakima TUE SEP 25 | 7:30 - 9:30am Hilton Garden Inn 401 Yakima Avenue, Yakima 98901

South Sound MON OCT 01 | 8:00 - 10am Hilton Garden Inn 2101 Henderson Park Ln SE, Olympia 98501

North Cascade (NEW) MON OCT 29 | 7 - 9pm Hampton Suites, Burlington 98233

North Sound MON NOV 05 | 7 - 9pm Dragers International Classics 18805 Aurora Ave. N., Seattle 98133

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4 | the Front Row | wsiada.com | July/August 2018

EXECUTIVE DIRECTOR’S MESSAGE

Summer Learnin’ Happened So Fast

S

ummer is finally here, at least it was for a day or two this week!

Kids are out of school and families are planning vacations. Just a laid back time of year…not for WSIADA! In addition to our normal schedule of classes and store activities we are in the final stages before the launch of our two signature events.

In 2018 we start with the 3rd Annual Education Fair in Spokane on Tuesday, July 17. Even though you likely marked the date on the calendar, please do not forget to register. All dealers are welcome. Association Members can attend free of charge, non-member pay $125. Membership DOES have its privileges.

Note some changes this year. Credit Acceptance is no longer a Co-Sponsor and we have moved the venue to the Hampton Inn Spokane Airport. Bob McConkey, CEO of DAA Northwest will kick off the event for us again this year, which is the first of Rock and Roll Sale Week. You will find Event details on our website. Please make sure you register on our website so we can be sure to have a seat for you.

If Tacoma is a more convenient location, our main event, the Education Fair at LeMay, America’s Auto Museum kicks off on Thursday, August 16. Find the details of the event at WSIADA.com. In addition to an afternoon with our Olympia partners several of our sponsors have agreed to leave you with some tips to make more money, save money or be more compliant. Since everyone who is a member of WSIADA is also a member of NIADA, I invited Steve Jordan (CEO) and Shaun Peterson (SVP, Legal Affairs) to join us.

Tammie Hetrick, Chief Operating Officer of the Washington Retail Association joins us at both events to kick off an exciting partner program we are offering that could mean significant savings off a member dealer’s L&I premium.

Maintaining the theme of a busy summer, make sure you read Rick Olson’s Digital Corner to get the latest on our back office and store conversion.

Don’t miss the update on the Mobile App and new Auction Savings Program. We just started the pilot system that will replace the punch cards with an electronic application that you carry in your smartphone. One of the many benefits of the new platform is the ability for a dealership to have several associates to have access to a dealer’s discounts. We launch in July with two levels of discounts; one for member dealers and another for

non-member dealers. That’s right, every dealer in the state can participate in this program. Watch for more communications from our team on the details.

Can you run your dealership on paper? The Department of Licensing published their spring newsletter. The entire contents are posted on WSIADA.com, and we have included critical excerpts in this issue. Please make sure to mark your calendar for the Drives 2 conversion occurring over Labor Day weekend. Make sure you stock up on enough paper supplies to run your dealership for at least 5 days with no access to DOL systems. DOL representatives will be joining us at both Fairs to answer overview what Drives is designed to do.

This should be the last issue of the Front Row that requires that you submit the answers to the Read and Respond as a fax or email attachment. Stay tuned to special mailers and our website for instructions on how to use the new system.

Finally, make sure you have downloaded the WSIADA Mobile app. It is available on the Apple store and Google. If you are reading the electronic version of the magazine, you can click on either of the app store links below…

Todd C. Elliott, WSIADA

the Front Row | wsiada.com | July/August 2018 |

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IT ADDS UP. ADESA.com/Rewards 6 | the Front Row | wsiada.com | July/August 2018

DIGITAL CORNER Rick Olson WSIADA

Auction Savings Program

W

e’ve been working rather diligently these past few weeks with getting our systems online in time for the Education Fairs in Spokane and Tacoma later in the summer. Some are running smoothly and others are hitting speed bumps along the road but we are confident that it will be worth it for our dealers.

Previously, we launched the WSIADA mobile app for Android and Apple to start folding dealers into getting use to this feature as it’s the gateway to the Auction Discount App. You will need the regular app to access the Auction Discount App. The testing phase of the Auction Discount App will be completed

by July 1st 2018 and the live version will launch.

Currently, Manheim Seattle, Manheim Portland, Adesa Seattle, Adesa Portland, DAA Seattle, DAA Spokane will be the initial locations available but we will be adding the rest of our auctions soon.

Eventually, we are wanting to include Oregon and Idaho auction locations.

Of course, the auction app will be available for members AND nonmembers of the association however, non-members will only be able to get a fraction of the full value that the association membership brings for the auction discounts.

to register for something is now obsolete.

We will eventually phase out all paper registration formats. The best way to register for any Event, Title Workshop or Pre-Licensing Class is through our website or the events tab in the mobile app.

Web Store

CRM The data we have on file from our old CRM is being cleaned up and sorted into the new CRM. As mentioned in the previous issue, dealerships will be able to have access to their own contact information once the CRM access is granted. You’ll be able to select who has the access to add, update employees as well as dictate who gets what message topic and much more. With this in mind, you will be asked shortly to verify who is part of your staff and their roles by email.

The CRM, once available, will also take care of most of the information you need to register for an event. For instance, if you wanted to register for Education Fair, you’d simply type in your name and dealer number and the rest of the data will auto populate from the records we have on file then you can complete the transactions quicker.

Events Registration with the CRM has been in full swing for about six months now. The old days of sending us registrations for a class/event or calling in

The card readers are here and ready to go. For those who don’t know, we have been working on a new webstore that will allow you to purchase from online, at the auction booths and here at our headquarters with more ease.

The new store gives you history of purchases, options for payments, shipping to multiple locations and correct shipping pricing for items.

Register Today! wsiada.com/store If you’re a member, please message me to confirm the correct discount is applied before making your purchase.

The system will be tied to our CRM but until that time, we will have to manually adjust for member pricing.

Officially, we will switch to the new store July 1st 2018.

rick@wsiada.com (253) 735-0267 x103

the Front Row | wsiada.com | July/August 2018 |

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How Not to Respond to a Harassment Claim Attorney says non-defenses like “It was just a joke” and “She never complained before” are tone deaf, inappropriate, and likely to create more problems than they solve.

By Kynzie Sims

S

ix months after more than 80 women publicly accused Hollywood producer Harvey Weinstein of sexual harassment, it’s safe

to say the #MeToo movement has changed the world. Powerful people with a pattern of mistreating others have lost their jobs. Employees across industries are speaking up about unwanted sexual advances, intimidation, predatory conduct, and other forms of misbehavior they’ve experienced or witnessed.

Workplace harassment — a problem many people ignored or were ignorant of, a problem whose victims largely felt helpless against — is finally getting the attention it deserves.

As a result, many organizations are handling record numbers of harassment complaints — and many employers and human resources personnel are finding that the resolution process isn’t always simple. From conducting investigations to managing discipline and terminations, developing and following through on an antiharassment initiative takes time, work, determination, and likely some help in the form of a legal partner.

to justify an alleged harasser’s behavior?

We brought in attorney Stephen J. Roppolo, managing partner of Fisher Phillips in Houston, to answer the question. He told us that there are several “non-defenses” he has seen organizations give in responses to sexual harassment claims. Here is some insight from Roppolo about a few things a manager should never say:

the complainant was also joking.

That can certainly help, but when we get into a circumstance where we say, ‘Hey, listen, everybody joked about sex at work,’ that’s not a really good defense.”

“It was just a joke!”

“The idea that the employee never complained before isn’t a real defense here, because it very well may be that the employee just didn’t feel comfortable, or the policy wasn’t clear about who they should report to. It’s never a good idea, either, to make excuses for the top performers. Even if you feel like the company can be harmed by losing some of your best people, if the best people are also the ones

“The idea that it’s a joke or ‘I didn’t mean anything by it’ is not a valid defense to a claim of sex harassment. It is not going to convince a jury. It’s not going to convince a judge, or the [Equal Opportunity Employment Commission], that it was just something that was intended as a joke, even if you’re able to show that

One complex issue related to harassment claims starts at the very beginning: Is there any defense against a claim? What possible excuse could an organization give

8 | the Front Row | wsiada.com | July/August 2018

“She didn’t complain before” or “No one else has ever complained.”

who are harassing others, you will want to make sure that that person understands clearly that harassment isn’t permitted, won’t be tolerated, and that their performance won’t be a defense internally to any kind of disciplinary action that might come from violating your policy.”

“Technically, it didn’t happen in the workplace.”

“One excuse that deserves mentioning is ‘Well, you know, you can’t govern offsite conduct,’ or ‘You can’t take action against me because I was off the clock when I made that comment.’ The reality is that’s not the case. If there’s some connection with work, then it is going to be something that can be subject to an EEOC charge or lawsuit.”

“I didn’t actually mean it.”

“Even if the conduct was not ‘sexual’ — and I sometimes hear this when I have a case where someone says, ‘Sure, I teased about sex, but I didn’t really want to have sex with that person,’ as if the harasser’s intent to actually consummate the arrangement is what matters. It’s not really what matters. It’s what the complainant is receiving in terms of harassing behavior that matters.”

“She wanted it.”

consistent, and documented manner.

“This is the ‘The harassment was not unwelcome’ defense. The truth is that this is technically a legal defense. If we can’t prove in a court of law that the alleged sexually offensive conduct was in fact welcomed conduct, then it can be a defense, ultimately — legally — to the question of sex harassment. But that is a very difficult thing to prove, and you wind up having a very messy litigation strategy where you’re basically saying, ‘She wanted it. She gave as good as she got.’ That can backfire terribly.”

“This is probably the most important from a litigation standpoint because it puts us in a position potentially to have an affirmative defense that otherwise might not exist if we don’t have a good, robust complaint handling process. Also, just from an employee relations standpoint, it’s critical that employees know that their complaints are going to be taken seriously, because otherwise, you won’t have those complaints made at all.”

According to Roppolo, the best defense against a harassment claim and a dispute in court is to prevent harassment in the first place. Dealers should develop and educate their workers on an anti-harassment policy, take responsibility for building a professional culture, and never engage in such behavior yourself.

Handle complaints in a timely,

Kynzie Sims is an attorney and certified compliance and ethics professional who serves as legal content product manager for Compli. © 2018 Auto Dealer Today.

Used by Permission.

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“We can’t be held accountable for something a customer says or does.”

“We often talk about the actions of employees, but the reality is that you can be responsible for the bad behaviors of customers as well.

Employers have a legal duty to make sure that their employees are not being harassed even by third parties.

You’re responsible, as an employer, for your employees being harassed by customers, clients, and vendors.

“Those circumstances can get particularly awkward, because if you have to have a conversation with a customer, for example, you may find yourself unwilling or anxious to speak to somebody who generates revenue for the company. But there is a responsibility to do so.”

Now WSIADA Members can purchase all of their office supplies at: wsiada.com/SmartOfficeRewards the Front Row | wsiada.com | July/August 2018 |

9

WSIADA Membership Updates We want to say “Thank You!” to the following dealerships for renewing their membership through May 2018.

And we extend a “Warm Welcome!” to our newest members, who are highlighted below in bold red text.

Adams Auto Sales Agri-Fix, LLC Aguila Used Car & Truck Sales All Recovery Services of Wash. LLC Anacortes Auto Sales LLC Apex ASAE Auto Sales International Auburn Speed, LLC Auto Max USA Auto Sales Consultants, LLC Basin Auto Sales, Inc Brooks Biddle Chevrolet-Suzuki, Inc C and R Car Sales Car Club, Inc Cascade Equipment Sales Centralia Auction Christian Carpenter Auto Center, Inc Christopher Clark Clarkston Auto Sales, Inc Common Sense Motors Community First Auto Centers Commuters, LLC Country Bear Auto Country Motorhomes Dick Vlist Motors, Inc

Divine Auto Center Eastside Advanced Auto, LLC European Auto Brokers Inc Federal Way Auto Sales First Union Auto, LLC FJ Automotive Group LLC Four-Ten Auto Sales German Auto Services, L.L.C. Grandstand Auto Sales House of Hybrids Hudson Auto Center of Bremerton Integrity Auto Center No 1 LLC JDM Car & Motorcycle JTM Group LLC Kent Truck & Equipment, Inc L. A. Auto Rack LLC Lake City Auto Sales, LLC Lifestyle Motor Co Maxx Autos Plus McCord’s Vancouver Auto Center Medrano’s Auto Repairs & Sales, LLC MK Motors Motherland LLC My Friends Auto Sales

Northwest Auto Liquidators Northwest Sales & Service Olympia Auto Source One.7, Inc Owen Equipment Company Paramount Motors NW Premier Motorsports Inc Rightway Auto Sales Robert Clark Roy Y Auto Sales Ryan’s RV Town S & S Best Auto Sales LLC SNS Auto Sales Solid Rock Auto Sales Steve’s Auto Parts Stingray Auto Brokers TG Motors LLC The Auto Mart Triple C Auto Brokers Trudeau Automotive Union Gospel Mission Motors Vail International, Inc X Car Inc

Reserve Your Place!

REGISTER TODAY!

5

Ed ing h c tinu Con dits Ea e Cr

JULY

17

In conjunction with DAA Northwestʼs Annual Rock & Roll Sale

AUGUST

16

2018 WSIADA EDUCATION FAIRS Register online or directly through our mobile app. WSIADA.com

10 | the Front Row | wsiada.com | July/August 2018

POTUS Signs Resolution Negating Auto Lending Guidance

LEGISLATIVE UPDATE

The 2013 indirect auto lending guidance from what was previously called the Consumer Financial Protection Bureau now is officially off the books.

P

resident Trump signed into law a bipartisan Congressional resolution

disapproving a rule that was in the form of guidance issued by the regulator that now calls itself the Bureau of Consumer Financial Protection about indirect auto finance company compliance with the Equal Credit Opportunity Act (ECOA) and its implementing regulation.

“I thank the President and the Congress for reaffirming that the bureau lacks the power to act outside of federal statutes,” acting director Mick Mulvaney said in a statement released by the regulator. “As an executive agency, we are bound to enforce the law as written, not as we may wish it to be. In this case, the initiative that the previous leadership at the Bureau pursued seemed like a solution in search of a problem. Those actions were misguided, and the Congress has corrected them.

“I want to make it abundantly clear that the bureau will continue to fight unlawful discrimination at every turn. We will vigorously enforce fair lending laws in our jurisdiction, and will stand on guard against disparate treatment of borrowers,” Mulvaney continued.

“I am heartened that the people, through their elected representatives, have corrected this instance of bureau overreach. I look forward to working with the Congress to bring much-needed structural accountability to the Bureau so that our cherished democratic principles are supported and the rights of every American consumer are always protected,” Mulvaney went on to say.

The stroke of Trump’s pen came with cheers from the industry.

“This is a great day for consumers, as Congress and the president have helped to preserve their ability to receive auto loan discounts from local dealerships,” National Automobile Dealers Association president Peter Welch said in this blog post.

approved S.J. Res. 57, which was written to overturn the muchcriticized guidance document under the authority of the Congressional Review Act, by a bipartisan 234-175 majority. The Senate had already passed the joint resolution on April 18 by a 51-47 margin.

“NADA congratulates the U.S. House and Senate for their focus and perseverance on this issue, and the president for signing the new law to protect consumers,” Welch continued.

Mulvaney went into more detail regarding the impact of what Trump and federal lawmakers have done.

“The enactment of this Congressional Review Act (CRA) resolution does more than just undo the bureau’s guidance on indirect auto lending. It also prohibits the bureau from ever reissuing a substantially similar rule unless specifically authorized to do so by law,” Mulvaney said.

“Given a recent Supreme Court decision distinguishing between antidiscrimination statutes that refer to the consequences of actions and those that refer only to the intent of the actor, and in American Financial Services Association president and chief light of the fact that the bureau executive officer Chris Stinebert is required by statute to enforce shared a similar sentiment. federal consumer financial laws “We welcome the action of Congress consistently, the bureau will be and the President,” Stinebert said in reexamining the requirements of a statement sent to SubPrime Auto the ECOA,” he continued.

Finance News. “We are working with “Today’s action also clarifies that our members to assess the impact a number of bureau guidance on the vehicle financing industry as documents may be considered it continues to fully comply with all state laws and regulations on vehicle rules for purposes of the CRA, and therefore the bureau must submit financing.” them for review by Congress,” Stinebert likely will be talking about Mulvaney went on to say. this development and more when he appears during the 22nd annual Non-Prime Auto Finance Conference hosted by the National Automotive Finance Association beginning on May 30 in Fort Worth, Texas.

Before the measure landed on Trump’s desk, the House earlier

“The bureau welcomes such review, and will confer with Congressional staff and federal agency partners to identify appropriate documents for submission,” he added.

SOURCE: autoremarketing.com

the Front Row | wsiada.com | July/August 2018 |

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LET US SET YOUR DEALERSHIP FOR FREE!

Washington State Independent Auto Dealers Association

Membership Benefits • Auction discounts worth over $5000!

• Dealer advocacy • Dealer hotline • 10% off most WSIADA services and products • Legislative updates • Legal support program • Convenient billing • Regional and online continuing education opportunities • Subscription to the Front Row magazine

Protect your own interests and support the auto industry in Washington State.

Join WSIADA or renew your membership today!

See enrollment form on page 23.

12 | the Front Row | wsiada.com | July/August 2018

DOL UPDATES

WASHINGTON DEPARTMENT OF LICENSING

EDITOR’S NOTE: The Washington Department of Licensing does a good job communicating progress updates on the great number of initiatives they are tasked with overseeing. We’ve highlighted several below that we feel are important to our readership. For further reading, the full DOL Newsletter can be accessed here: LINKLINKLINKLINK ~Todd Elliott

Common Violations Identified by Dealer Investigators Possession of Title Prior to offering a vehicle for sale, a licensee must have possession of title. This may be demonstrated in different ways:

Drives Detour

Certificate of Fact

❏❏ Having actual possession of the complete title work.

ealers must make sure they can run their dealerships on paper for the time when ALL DOL SYSTEMS go down this coming Fall while DRIVES is updated.

Since April 1st of this year, Dealers must attach a Certificate of Fact to all altered title applications.

Alterations made to dealer title applications are increasing the number of title applications rejected by the Department of Licensing (DOL) in Olympia.

❏❏ Having documentation that the licensee’s flooring company has possession of complete title work.

D

DRIVES, which stands for Driver Vehicle System, is a multi-phase effort to modernize Department of Licensing (DOL) information technology systems. Rollout 1 was implemented in December 2016 and focused on services related to License Express services for E-permits and abandoned vehicles. Rollout 2 updates driver technology systems and will launch in September 2018.

On September 4, 2018 we will release DRIVES Rollout 2. As you may have experienced during Rollout 1, we need to shut down a majority of DOL systems to accommodate the release. ALL DOL systems will shut down from August 30 through September 4. This means you cannot process transactions online or in our offices on Friday, Saturday and Monday of Labor Day weekend. (read full details online)

❏❏ Having documentation that a traded in vehicle with a lien was paid off within two business days of acquisition and that the resale occurred after the acquisition.

45 Day Temporary Permits

DOL considers a typed dealer title application altered when it contains handwritten or stamped (non-signature) vital or important information. Here are three examples: ❏❏ Crossing out a lienholder and adding a different lienholder. ❏❏ Handwriting or stamping a lienholder on a typed and printed application. ❏❏ Handwriting a Lessee or Lessor on a typed and printed application.

Critical to Know: If alterations are made to a title application, the dealer must complete a Certificate of Fact (COF) that includes the vehicle or vessel information, an explanation of the alteration, and a signature. Without a properly completed COF, DOL will not release the title.

A 45 day paper temporary permit must only be issued if there is a Department of Licensing system outage or a licensee is conducting a licensed temporary off-site sale without access to the E-permit system. If these circumstances occur and a 45 day paper temporary permit is issued to a customer, the licensee must also log the 45 day paper temporary permit into the E-Permit system within 24 hours of issuance. If there is not a Department of Licensing system outage and a licensee is not conducting a licensed temporary off-site sale without access to the E-permit system then an E-Permit must be issued.

CONTINUED NEXT PAGE

the Front Row | wsiada.com | July/August 2018 |

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AUCTION LISTINGS

CONTINUED FROM PAGE 13.

Common Errors Found on Title Applications

For a current calendar view, visit WSIADA.com and select “Calendar” from the top navigation menu.

T

o ensure that processing of your application is not delayed, watch out for these errors:

Adesa | adesa.com/seattle

Tuesday: Consignment 9:30AM Alternate Tuesday: Specialty 8:30AM Thursday Night: InOp Sale 4:45PM

Adesa | Portland adesa.com/portland Thursday: Consult website

Bowen-Scarff Ford Lincoln bowenscarff.com

Call 253.243.5251 for days and times

Copart | copart.com

Times vary: Consult website

CTM Unlimited

See website for auction dates and times: www.ctmunlimitedauction.com

DAA | Seattle | daanw.com

Friday: Dealer and Fleet/Lease 9:00AM Alternate Friday: Heavy Metal*

9:00AM (Lane 8) Monthly GSA Public Auctions:

1:00pm as scheduled” *Mechanically-challenged/cosmetically damaged/nonrunning inventory

DAA | Northwest | daanw.com

Weekly auctions: Thursdays at 9:00am; Monthly promotional event auctions:

Wednesday at 2pm &

Thursday at 9:00am Monthly MotorSports auctions:

Thursdays at 11:00am (Lane 8) Monthly RV auctions:

11:00am (Lane 8);

Heavy Metal auctions:

8:30am as scheduled (Lane 8); NOTE: MotorSports, RV and Heavy Metal auction dates can be found at daanwmotorsports.com

❏❏ Missing Certificate of Fact explaining alterations ❏❏ Colored markers used ❏❏ Legal owner missing on application ❏❏ Dealer Report of Sale not completed on application ❏❏ Driver’s License/ Unified Business Identification (UBI) number missing on application ❏❏ Missing dealer to dealer documentation ❏❏ Power of Attorney not signed correctly ❏❏ Date of transfer missing on odometer disclosure ❏❏ Missing printed name and address on odometer statements ❏❏ Odometer code box not checked ❏❏ Missing date and place signed on title application ❏❏ Wrong scale weight on title application

Ehli Auto Auctions | ehliauctions.com Last weekend of every month.

Odometer Disclosure

DOL

doesn’t accept cross-outs on a Certificate of Fact, so a new secured odometer form will be required. For vehicles less than 10 years old, an odometer statement is required on all original, transfer and lease buyout applications. Enter the mileage from the odometer disclosure statement followed by the appropriate code.

Odometer Disclosure Statement forms are printed on tamperproof paper; they are not available online.

Dealers can obtain forms at: Washington State Independent Dealers Association 253.735.0267 | wsiada.com.

WSIADA PRESENTS...

IAA - Insurance Auto Auctions iaai.com See website for dates and times

Kaman | kamanauctions.com Thursday: Noon

Manheim | Seattle manheim.com/locations/SSAA/events Monday: OVE Event Sales Tuesday: Alternate weeks Ford Factory

(Closed sale) - 10:00am;

Crossborder Mobile Sale - 1:00pm Wednesday: General Sale Weekly 9:00am All sale dates and times are subject to change.

Please verify with the Auction or manheim.com.

Manheim | Portland manheim.com/locations/PAA/events Tuesday: Open Sale: 9:00AM

14 | the Front Row | wsiada.com | July/August 2018

Update all your social media sites simultaneously from a single place, schedule custom posts, attach photos, target your audience and much more!

wsiada.com/smartsocial

The Perils of Non-Disparagement Clauses

LEGAL CORNER

From the offices of Davies Pearson, P.C.

T

echnology is a powerful tool for both dealers and consumers. Dealers can use technology to grow their businesses and reach new customers. For customers, technology is used not only to research and assist with purchasing vehicles but is also used to provide others with recommendations and feedback on their experiences.

However, issues arise when a customer uses technology for a malicious purpose.

When it comes to negative online reviews, dealers take different approaches. For dealers who feel helpless when dealing with unwarranted negative online reviews, a legal option may appear to be their only option.

One legal option is to implement a non-disparagement clause into deals in an attempt to prevent the posting of negative online review or require several steps to be taken with the dealership prior to the posting of a negative online review. We do not recommend this option.

Amendment free speech rights and violates public policy.

Regardless of legality, including such a provision would most certainly cause additional issues.

For example, it would not be surprising if the upset customer’s online review included a statement that not only did he or she have a bad experience but that the dealer made them ign a document prohibiting them from positing a review online.

The Automotive Dealer Practice Group of Davies Pearson, P.C. is committed to providing quality and effective legal services to motor vehicle dealers, including day-to-day operations, employment and franchise issues, succession plans, and buying and selling dealerships.

Ultimately, after weighing the benefits and risks of implementing nondisparagement clauses, the risks outweigh the benefits in most cases.

For more information, contact Davies Pearson, P.C. at 253.620.1500 or www.dpearson.com.

Currently, there are no Washington or federal laws that would prevent including a nondisparagement clause as part of the deal. However, California recently adopted a law prohibiting such language and it is possible that a federal law prohibiting such a clause will be passed in the next year. Furthermore, even without an express law prohibiting nondisparagement clauses, the enforceability of such clauses is highly suspect.

In litigation, a customer could make a strong argument that such a clause impinges on First the Front Row | wsiada.com | July/August 2018 |

15

Service Provider Directory WSIADA service providers are best in class. We invite you to explore their services and please mention that you saw their listing in the Front Row magazine.

Accounting Services

Auto Museum

Rekdal Hopkins Howard

LeMay Car Museum

(425) 658-1400 rh2cpas.com

Please see our ad on page 13

(253) 779-8490 AmericasCarMuseum.org

Please see our ad on page 18

Auctions

Benefits / Health Insurance

Adesa Seattle

Benefit Consultants NW

(253) 735-1600 adesa.com/Seattle

Please see our ad on page 6

Adesa Portland

(503) 492-9200 adesa.com/Portland

Bowen Scarff Ford Lincoln (253) 243-5251 bowenscarff.com

Copart Auto Auction (253) 847-8300 copart.com

CTM Unlimited

(360) 273-5808 ctmunlimitedauction.com

DAA Northwest (509) 244-4500 daanw.com

Please see our ad on the inside front cover

DAA Seattle

(253) 737-2200 daaseattle.com

Ehli Auctions

(253) 572-0990 ehliauctions.com

Insurance Auto Auction (IAA) (206) 658-6900 iaai.com

Kaman Auctions

(800) 945-4193 bcnw.com.org

Bonds and Commercial Insurance Hecht & Hecht Insurance

(855) 396-0488 shepquote.com

Please see our ad on page 12

(206) 718-7234 (Western WA) (509) 705-7597 (Eastern WA) www.nwdfs.com

Protective Asset Protection (NEW)

(206) 571-3068 ian.fee@swds.net

Western Fidelity Insured Services, Inc.

Car Care

(425) 283-4158 wfisinc.com

Griot’s Garage

Floor Plan Companies

(253) 922-2200 griotsgarage.com

Custom Signs Sign Dog

(253) 445-6424 signdog.com

Dealer Management Systems (DMS) Carousel Software

Dennis Demattia demattia@mailforce.net (509) 926-8848 carouselsw.com

Frazer Computing, Inc.

(206) 999-6699 skywerks.com

Please see our ad on page 20

(206) 762-1600 manheim.com

Finance and Insurance

on the inside back cover.

(800) 826-3207 aulcorp.com

(509) 765-6869 yarbro.com

Northwest Dealer Financial Services

Southwest Dealer Services

Skywerks

Yarbro Auctioneers

(360) 710-9545 thefandigroup.com

Shepard & Shepard Business Solutions

Manheim Portland

Please see our ad

The F&I Group, LLC

(866) 384-6320 protectiveassetprotection.com

(425) 640-5111 kamanauctions.com

Manheim Seattle

(425) 478-7242 drivedealersolutions.com

(800) 609-0979 hechtins.com

(888) 963-5369 frazer.com info@frazer.com

(503) 286-3000 manheim.com

Drive Dealer Solutions

AUL Corp

Please see our ad on page 4

Benchmark Dealer Services (206) 696-2264 dpccorp.net

Please see our ad on page 15

16 | the Front Row | wsiada.com | July/August 2018

AFC

(253) 333-0300 afcdealer.com

Marketing Sygnifi Networks (734) 418-7073 info@sygnifi.com sygnifi.com

Parts & Service Advance Auto Parts

(877) ADVANCE advanceautoparts.com

AutoZone

(866) 727-5317 sc53@autozone.com

Please see our ad on the back cover

Staffing Job Depot USA

(877) 868-7635 info@jobdepotusa.com

State Agencies WA State Attorney General Office

atg.wa.gov/used-car-considerations

Department of Licensing Dealer Services

Floor Plan Xpress

(360) 664-6466 dol.wa.gov/business/vehiclevesseldealer/dlrrenew.html

Identity Theft Protection

Department of Revenue Business Licensing (BLS)

(509) 703-6558 fpxus.com

LegalShield

253 905-9111 legalshield.com

Legal Services Davies Pearson, P.C. (253) 620-1500 dpearson.com

(800) 451-7985 bls.dor.wa.gov/

WSP Vehicle Inspection

wsp.wa.gov/driver/schedule-avin/

WSDOT Commerical Vehicle Services

Lending

wsdot.wa.gov/commercialvehicle/default.htm

Innovative Finance (877) 635-2021

Surveillance/Security

innovativeauto.com

Pro-Vigil Surveillance

Lobel Financial Corp.

(210) 858-1105 pro-vigil.com

Please see our ad on page 3

Vehicle and Fleet Management

(253) 839-2600 lobelfinancial.com

United Finance

(503) 238-6475 unitedfinance.org

Spireon

(800) 557-1449 spireon.com

DEALER ALERTS

I

n case you’ve missed recent WSIADA Dealer Alerts, we’re

publishing this digest. In the electronic magazine version, simply click on the link to go directly to the full article on WSIADA.com.

If you have the WSIADA App, you will receive these alerts as real-time notifications. You can download the free app on one of the online app stores. In the electronic magazine version, simply click on the icon below to visit that app store directly:

JUN 13 | Seattle Repeals Head Tax Dealers in the Seattle area may breath a sigh of relief as the ill fated Seattle ‘Head Tax’ was officially repealed by Mayor Durkan after the city council voted to strike down the tax with a vote of 7-2. A full reversal from the unanimous vote a month ago to originally create the tax. This may not impact many independent auto dealers in the Seattle area specifically but on the employees of big business who could be looking for a vehicle to purchase. https://www.wsiada.com/item/seattle-repeal-shead-tax

MAY 22 | DOL Implements Multi-Factor Authentication

Get your plate frames and inserts from WSIADA!

YOUR logo, YOUR style Competitive Pricing Support WSIADA

Get started today in the online store at www.wsiada.com or call (253) 735-0267.

DIK has upgraded online security measures to protect customer identity and data by adding a stronger authentication method, known as Multi-Factor Authentication (MFA), to DOL’s License eXpress portal. This new requirement applies to all DOL business online accounts.

If you have questions or need additional assistance please call the DOL Production Support Unit at 360.664.9698, or email driveshelp@ dol.wa.gov.

Frequently asked questions (FAQs) and MFA login instructions can be downloaded from this alert at the following link: https://www.wsiada.com/item/pre-enrollment-formulti-factor-authentication-mfa?category_id=34 the Front Row | wsiada.com | July/August 2018 |

17

EXPERIENCE YOUR AUTOBIOGRAPHY

COMPLIMENTARY DEALER CROSS-PROMOTIONAL OPPORTUNITIES • Display vehicles on Anderson Plaza at ACM — Great visibility from I-5, I-705 & Tacoma Dome • Offer Ride & Drives around Dome District & Haub Family Field • Purchase ACM Group Admission Tickets for event promotion • ACM develops event promotional email for dealership

RESERVE TODAY Contact the Sales Manager at rsvp@americascarmuseum.org 2702 East D Street, Tacoma, WA 98421 | 253.779.8490 | americascarmuseum.org

Washington State Independent Auto Dealers Association

2018 Education Fairs Register online at wsiada.com/education-fairs or directly through our mobile app.

Attending one of WSIADA’s 2018 Education Fairs will satisfy dealers’ annual continuing education requirement for license renewal. The discounted pricing listed below is available for applications received or postmarked by August 1st, 2018.

STEP 1: SELECT EAST | Tuesday, July 17, 2018 | Hampton Inn 2010 S Assembly Rd, Spokane WA 99224 WEST | Thursday, August 16, 2018 | Lemay, America ‘s Car Museum, 2702 East D Street, Tacoma WA

STEP 2: REGISTER DEALERSHIP NAME

DEALER#

AUTHORIZED SIGNATURE (IF DIFFERENT THAN CARDHOLDER)

NAME PRINTED

BUSINESS PHONE

FAX

DATE

ATTENDEES (USE ADDITIONAL FORM IF NEEDED)

EMAIL ADDRESS

STEP 3: PAY Non-Member Price: $150 $125 per attendee VISA

MC

AMEXcheck

Member Price: $50 $25 per attendee

CHECK No.___________

CARD NUMBER

NAME ON CARD

EXPIRATION DATE

CARDHOLDER SIGNATURE

CCV

BILLING ZIP CODE

STEP 4: SUBMIT ONLINE AT wsiada.com/education-fairs (or one of the following methods) WSIADA FAX EMAIL(as a scanned attachment)

707 Auburn Way South 253-804-0844 staff@wsiada.com

Auburn, WA 98002 the Front Row | wsiada.com | July/August 2018 |

19

20 | the Front Row | wsiada.com | July/August 2018

READ AND RESPOND | the Front Row July/August 2018

T

he purpose of this Read and Respond quiz is to verify one has read the content of this issue of the Front Row. All of the answers for the questions provided are included in the content of the issue. WSIADA’s Read and Respond quizzes earn 1 hour of continuing education credit. A passing grade will be granted for scores of 80% or higher.

Payment is required prior to the Washington State Department of Licensing being notified of completed continuing education. The Front Row Read & Respond policy has been updated; please contact WSIADA for payment information.

Please be advised that the information contained in WSIADA’s the Front Row is, to the best of our knowledge, current and correct. However, we caution readers not to use the information provided to them as final authority. Its purpose is to be a guide. Any legal advice should be regarded as general information. It is strongly recommended that one contact an attorney for counsel regarding specific circumstances. Some articles may express opinions and/or suggestions for best practices. Likewise, the appearance of advertisers or their identification as members of WSIADA, does not constitute an endorsement of the products or services featured.

DEALERSHIP NAME CHECK:

DEALER#

BUSINESS PHONE

FAX

I HAVE READ AND UNDERSTAND THE DISCLAIMER ABOVE.

QUIZ TAKER’S NAME

POSITION

SIGNATURE

CIRCLE THE CORRECT ANSWER. 1. Drives 2 conversion will occur over Labor Day Weekend. a. True b. False 2. How many days will you need to run your dealership on paper during the Drives 2 Conversion? a. 7 b. 21 c. 14 d. 5 3. The WSIADA mobile app is available for Android and Apple devices. a. True b. False

DATE

Send your completed quiz to WSIADA...

MAIL: 707 Auburn Way South; Auburn, WA 98002 FAX: 253-804-0844 EMAIL: staff@wsiada.com

5. What are examples of non-defenses?

8. Dealers should develop and education their workers by developing

a. “It was just a joke”

and educating their workers on an

b. “She didn’t complain before”

____________________ policy.

c. “She wanted it”

a. Customer service

d. “She never complained before”

b. Employee benefit

e. “I didn’t actually mean it” f.

c. Insurance

All of the above

d. Anti-harassment 6. Non-defenses are tone deaf and 9. The 2013 indirect auto lending

____________.

guidance from what was previously

a. Hilarious

called the Consumer Financial Protection

b. Inappropriate

Bureau now is officially off the books.

c. Appropriate

a. True

d. Ok some of the time

b. False

7. The best defense against a harassment claim is to initially ____________

10.

harassment.

Congressional Review Act resolution

a. Prevent 4. WSIADA’s mobile app is available to members only.

EMAIL

b. Encourage

a. True

c. Ignore

b. False

d. Incentivize

The enactment of the

does not undo the bureau’s guidance on indirect auto lending a. True b. False the Front Row | wsiada.com | July/August 2018 |

21

READ AND RESPOND | continued 11.

On September 4th, 2018 the DOL will be updating the DRIVES system.

Dealers must make sure they can run their dealerships on _________ for the time ALL DOL systems will be down. a. Credit b. Magic c. Paper d. Plastic 12.

You will be unable to process ANY transactions online or in offices 8/30/18-9/4/18 (Labor Day weekend) a. True b. False 13.

Since April 1st, 2018, Dealers must attached a Certificate of Fact to all altered ____________.

Certificate of Fact, the DOL will release the title and give you a warning. a. True b. False 18.

Prior to offering a vehicle for sale, a licensee must have possession of the Title. a. True b. False 19.Possession of title can be demonstrated in what ways? a. Having documentation that the licensee’s flooring company has possession of complete title work b. Having actual possession of the complete title work

b. Odometer Disclosure

c. Having documentation that a traded in vehicle with a lien was paid off within two business days of acquisition and that the resale occurred after the acquisition

c. 3-day Trip Permits

d. None of the above

d. Title applications

e. All of the above

a. Purchase Orders

14.

DOL does not consider a typed dealer title application altered when it contains handwritten or stamped (nonsignature) vital or important information. a. True b. False

20.

A 45-day paper temporary permit must only be issued if there is a DOL system outage or a licensee is conducting a licensed temporary offsite sale without access to the E-permit system.

23.

The DOL accepts cross-outs on

a certificate of fact, so a new secured odometer is not required. a. True b. False 24.

Washington Odometer

Disclosure Statement forms are printed on tamperproof paper; they are not available online. Dealers can obtain forms from WSIADA. a. True 2. False 25.

It is not recommended to

include a disparagement clause into deals because a customer could make a strong argument that such a clause impinges on First Amendment free speech rights and violates public policy. a. True b. False

a. True b. False

15.

What are examples of altered title applications. a. Handwriting a Lessee or Lessor on a typed and printed application b. Crossing out a lienholder and adding a different lienholder c. Handwriting or stamping a lienholder on a typed and printed application d. All of the above

21.

If a 45-day paper temporary permit is issued to a customer, the licensee does not need to log the 45-day paper temp permit into the E-permit system within 24 hours of issuance. a. True b. False 22.

Some examples of common errors found on Title Applications are: a. Legal owner missing on application

16.

If alterations are made to a title application, the dealer must complete a Certificate of Fact that included the vehicle or vessel information, an explanation of the alteration, and a signature.

b. Missing dealer to dealer documentation c. Date of transfer missing on odometer disclosure d. Odometer code box not checked

a. True

e. Power of Attorney not signed correctly

b. False

f.

17.

Without a properly completed

Driver’s License/UVI number missing

g. All of the above

22 | the Front Row | wsiada.com | July/August 2018

Advertise with WSIADA!

the Front Row magazine is the most effective way to reach over 1,600 automobile dealers in Washington State.

Contact WSIADA for more information about targeting your ad dollars today!

253.735.0267

Washington State Independent Auto Dealers Association

Membership Enrollment

YES!Â

I know that it is important to be recognized as a professional in the automotive industry!

Enclosed are my annual dues to ensure that my business has all the advantages WSIADA/NIADA provides to put me at the forefront of my profession. By completing this form, I am consenting to and giving WSIADA/NIADA, their affiliates and/or subsidiaries, my permission to contact me at the methods I have provided on this form until/unless I revoke that permission in writing. I hereby certify that (I am/we are) eligible for membership in WSIADA.

SIGN Member Name Business Name

Dealer #

Address City

State

Business Phone

Zip

Mobile

County Fax

E-Mail

Website: Enrolled by _____________

Membership Category: Dealer Membership is [a] limited to any sole proprietorship, partnership or corporation which is engaged in buying and selling motor vehicles as a principal part of its business; and [b] member must hold a vehicle dealer’s license issued by the Washington State Department of Licensing.

Business Name

Dealer #

Business Name

Dealer #

Business Name

Dealer #

Other Employees I would like to include within my membership: Full Name

Position

Mobile

Email

Full Name

Position

Mobile

Email

Full Name

Position

Mobile

Email

SEAL

PAYMENT METHOD:

$450 Annual Charge

$42 Monthly Charge (debit/credit card only)

CHECK No._______________

VISA

CARD NUMBER

NAME ON CARD

MC

EXPIRATION DATE

CARDHOLDER SIGNATURE

Discover

AMEX

CCV

BILLING ZIP CODE

DISCLAIMER: 12 monthly installments will be charged on the 1st of every month. Receipts will be emailed unless otherwise requested. This agreement will continue until/unless the card holder revokes consent in writing or cancels membership. At that point member will be billed for the remaining balance. If provided card is declined, WSIADA may continue to attempt to process payment(s) or request updated payment information. If payment is declined and no card update issued, dealer will be invoiced for remaining balance and access to WSIADA services will be suspended until balance is paid in full.

DELIVER

WSIADA 707 Auburn Way South Auburn, WA 98002

FAX 253-804-0844

EMAIL(as a scanned attachment) staff@wsiada.com the Front Row | wsiada.com | July/August 2018 |

23

JUST FOR FUN License to Laugh...

Keep your eyes out and send us pictures of funning vehicle plates and signage that you see on the road or online!

24 | the Front Row | wsiada.com | July/August 2018

WASHINGTON STATE INDEPENDENT AUTO DEALERS ASSOCIATION 707 Auburn Way South Auburn, WA 98002 WSIADA.COM

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