Texas Dealer June 2024

Sweeping Changes Coming

– Michael W. Dunagan: Applying Total-Loss Insurance Proceeds To Reduce Customer’s Balance

– Unlocking the Power of Website Optimization: A Must-Have Strategy for Dealerships

– The Role of Digital Document Collection in Fraud Prevention – Don’t Put Off Your Insurance Check-Up: Why Proactive Reviews Matter

TIADA Board of Directors

PRESIDENT Eddie Hale/Neighborhood Autos PO Box 1719 Decatur, TX 76234

PRESIDENT ELECT

Vicki Davis/A-OK Auto Sales 23980 FM 1314 Porter, TX 77365

CHAIRMAN OF THE BOARD

Ryan Winkelmann/BJ’s Autohaus 5005 Telephone Road Houston, TX 77087

SECRETARY

Greg Phea/Austin Rising Fast 8024 IH 35 North Austin, TX 78753

TREASURER

Brad Kalivoda/Fiesta Motors 2599 74th Street Lubbock, TX 79423

VICE PRESIDENT, WEST TEXAS (REGION 1)

Cesar Stark/S&S Motors 7699 Alameda Ave. El Paso, TX 77915

VICE PRESIDENT, FORT WORTH (REGION 2)

Tyler Simmons/Abilene Used Car Sales, Inc. 2150 N. 1st Street Abilene, TX 79603

VICE PRESIDENT, DALLAS (REGION 3)

Greg Reine/Auto Liquidators 39670 LBJ Freeway Dallas, TX 75237

VICE PRESIDENT, HOUSTON (REGION 4)

Lowell Rogers/11th Street Motors 1355 N 11th St, Beaumont, TX 77702

VICE PRESIDENT, CENTRAL TEXAS (REGION 5)

Chad Lancaster/Chacon Autos 11800 E. Northwest Hwy Dallas, TX 75218

VICE PRESIDENT, SOUTH TEXAS (REGION 6)

Cesar Torres/Lofi Motors 4634 Ayers St. Corpus Christi, TX 78415

VICE PRESIDENT AT LARGE

Armando Villarreal/McAllen Auto Sales, LLC 4215 S. 23rd St McAllen, TX 78503

VICE PRESIDENT AT LARGE

Russell Moore/Top Notch Used Cars 900 East Davis Conroe,

TexasDealer

DIAMOND

by Ryan Winkelmann

Learning from Our Losses

I’ll soon celebrate my 50th birthday, and with this quickly approaching special occasion, I have started to wonder what visible results others can observe after all these years of hard work. I’ve considered sharing my life story thus far with my party guests, including some of the accomplishments I’m proud of and some of the pitfalls I’ve overcome.

Over the years, I’ve picked up some invaluable insights and wisdom from a few very influential people in the industry and outside of it. I’ve also been influenced by and learned from seemingly very successful people in our business who had the world by the tail to see them out of business the following year. To reflect on all the articles I’ve written for Texas Dealer magazine and elsewhere, a common thread readers will observe has to do with mistakes I’ve made and losses from which we can all learn.

I’ve recently considered a new perspective and wondered why that might be. If someone were to ask me if you learn more from your losses or your wins, I’d have to say the losses. Here’s why. Losses, in my opinion, are infinitely more valuable than wins. The losses provide perspective and lessons on how to avoid them in the future. If you’re smart enough to take those lessons from the losses and the accompanying hardships and apply them moving forward, you’ll become a better-equipped operator.

Stress is unavoidable, especially in our business, but building you into a more resilient and successful dealer is mandatory. Stress will eventually be overcome when you’ve built yourself into an effective person who can execute and do what it is you say you’re going to, regardless

of economic conditions or circumstances that could be beyond your control. The same stressful situations you deal with will always be there. How you begin to react to them will change.

To accomplish great things, you must become someone who can operate under pressure and stress. You will eventually start to acclimate to it, which is a huge competitive advantage over most others. Once acclimated, you can perform in situations that other people can’t. If you’re conditioned and able to execute in situations when times are terrible, you’ll be prepared and unstoppable when the sun rises again. There are no “mental days” for successful entrepreneurs. They also don’t wait for economic changes or the wind to blow good fortune. They intentionally create the fortune and culture they want in their businesses.

The more time you spend in areas of discomfort, the more prepared you’ll be to get through the tough times with less stress and more fortune in your life. A Texas dealer I admire and look up to more than nearly any other dealer in our state recently shared his current motto, “Survive to ‘25”— Eddie Hale. He and other successful operators like him have not waited to make changes or react to conditions that will affect their businesses. The forecasts were completed well in advance. They have learned through experience, wins, and losses and acted accordingly.

If you haven’t already, you can take the initiative now to start building your resilience, strength, and determination to build something great in 2024 and thrive in 2025. I hope to see you there!

Losses, in my opinion, are infinitely more valuable than wins.

BJ’s Autohaus (Houston)

TIADA CHAIRMAN OF THE BOARD

board of directors meeting minutes

April 29, 2024 | Circuit of the Americas, Austin, TX

by TIADA staff

Board Members in Attendance: Cesar Stark, Greg Reine, Russell Moore, Greg Phea, Ryan Winkelmann, Vicki Davis, Lowell Rogers, Eddie Hale, Tyler Simmons

TIADA Staff in Attendance: John Frullo, Earl Cooke, Teresa Orkun, Patty Huber, Stephen Pallas, Shelby Kawejsza, Norma Vazquez

At its meeting on Monday, April 29, 2024, TIADA took the following actions:

President Eddie Hale called the meeting to order at 2:18 p.m.

Minutes of Last Meeting

Secretary Greg Phea presented the minutes from the last meeting.

A motion was made to accept the minutes.

Moved by Russell Moore, seconded by Vicki Davis — PASSED

Treasurer’s Report

In the absence of Treasurer Brad Kalivoda, Executive Director John Frullo presented the Treasurer’s Report. A motion was made to accept the Treasurer’s Report.

Moved by Greg Reine, seconded by Tyler Simmons — PASSED

President’s Report

Eddie Hale welcomed new staff member Norma Vazquez and bid farewell to Teresa Orkun. He reported on townhall events he attended. Board members reported on their member outreach calls.

Executive Director’s Report

Executive Director John Frullo reported on the TxDMV Board Vacancy, the lobbyist options available, and on his meetings with Senator West and other legislators. He talked about upcoming Townhall events and about the HIADA contract and membership recruitment event.

TIADA Director of Compliance and Business Development Earl Cooke presented an update on the Proposed DMV Rules and discussed potential legislative initiatives.

John Frullo presented FY’24 budget and proposed FY’25 budget.

Associate Executive Director Teresa Orkun presented a report on membership renewals and dealer professional development.

Membership Coordinator Norma Vazquez presented her ideas to increase membership.

Events and Special Projects Coordinator, Shelby Kawejsza presented an update on Conference.

Director of Associate Member Relations Patty Huber presented an associate member update.

New Business

A motion was made to accept Empire Indemnity Risk as a Business Partner

Moved by Tyler Simmons, seconded by Vicki Davis — PASSED

TIADA’s board is not confident the President Elect of NIADA is capable to perform his duties due to his personal circumstances and therefore a motion was made to direct TIADA’s Executive Director to support the removal or resignation of NIADA’s President Elect during the meeting of its members.

Moved by Russell Moore, seconded by Lowell Rogers. — PASSED

A motion was made to adjourn the meeting.

Moved by Cesar Stark, seconded by Greg Reine — PASSED

Eddie Hale adjourned the meeting at 5:50 p.m.

Respectfully submitted, Greg Phea, Secretary

A complete copy of any reports referenced in this document and more detailed notes from the meeting are on file at the TIADA office and available upon request.

Unlocking the Power of Website Optimization: A Must-Have Strategy for Dealerships

Imagine website optimization as the turbocharger of your dealership’s online engine — it’s what boosts your site’s performance to outrun the competition. A well-optimized website draws in potential buyers like a finely tuned engine that attracts car enthusiasts. This article revs up your understanding of essential website optimization techniques and tools, preparing you to hit the digital fast lane confidently.

The Importance of Website Optimization for Dealerships

In today’s digital marketplace, your dealership’s website is the front line where first impressions are made. It’s where potential customers get their first glimpse of your offer and decide whether to engage further. Just as you wouldn’t showcase a dusty car with a sputtering

engine, your website needs to be sleek, fast, and functional.

Visual Appeal and First Impressions

Just like the shiny finish of a new car, your website’s visual appeal can instantly attract or deter customers. The design must be modern, professional, and reflective of your dealership’s brand. This section will delve deeper into visual design elements, including layout, color scheme, and multimedia content that can keep visitors engaged.

Speed and Performance

Speed is to websites what horsepower is to cars. A slow-loading site can frustrate users just as much as a slow-accelerating car disappoints drivers. Here, we

Chris Jackson Director of Digital Operations at Big Time Marketing & Advertising

Featured Presenter

resource guide

800.538.1579

occc.texas.gov

Texas

800.252.1382 comptroller.texas.gov NIADA

817-640-3838 niada.com

REPOSSESSIONS

American

972.755.4755

repo.org or contact TIADA state office FORMS

Burrell

888.368.4689

512.990.1188 burrellprinting.com

will explore how optimizing loading times can improve user satisfaction and retention and why it’s critical in converting visitors into leads.

Exploring Essential Tools for Website Optimization

Navigating website optimization without the right tools is akin to tuning a car without the proper equipment. Modern tools can diagnose issues that are not apparent to the naked eye but are critical for performance.

Google Lighthouse: Your Digital Diagnostic Tool

Just as a mechanic uses diagnostic tools to find potential issues with a vehicle, Google Lighthouse provides a comprehensive audit of your website’s health in areas such as performance, accessibility, and Search Engine Optimization (SEO). Think of Lighthouse as your website check engine lights, warning you when you need routine service or have major repair work ahead.

Heatmaps and User Behavior Tools

Understanding how visitors interact with your website is crucial for optimizing user experience and

increasing conversion rates. It’s akin to observing customers in your showroom: noting what catches their eye, which cars they linger at, and which ones they skip. Tools like heatmaps and user behavior analytics provide these insights digitally, allowing you to fine-tune your website as precisely as you would optimize a car’s performance.

Microsoft Clarity: A Tool for Deeper Insights

Microsoft Clarity is a free user behavior analytics tool that can enhance your understanding of how visitors use your site. It offers heatmaps, scroll maps, and session recordings, providing a video-like playback of user sessions. This feature allows you to see your website through the users’ eyes, observing their actions in real-time. Microsoft Clarity also provides an insights dashboard that highlights issues like quick backs or dead clicks, which indicate areas where users might be experiencing frustration.

Maximizing Website Visibility and Reach

A great website is only part of the battle; ensuring potential customers can find it easily is equally important. SEO is the vehicle that drives your site to the top of search engine results, making it visible to more potential buyers.

Keywords: The Fuel of SEO

Keywords are like car model names and special features — they’re what customers use to find what they’re looking for. This expanded section will discuss how to research and use keywords effectively to catch the attention of search engines and car buyers alike.

Building Quality Links: Strengthening Your SEO Framework

Links from other reputable websites are like recommendations in the car industry — they enhance credibility and visibility. We will explore strategies for building a network of links that can help boost your site’s SEO performance.

Providing Exceptional Online Experiences for Customers

Creating an online experience that mirrors the attentive service of a top-notch dealership can significantly enhance customer satisfaction and increase conversions.

Personalization:

The Luxury Feature of Websites

Just as luxury cars offer adjustable seating and climate settings, personalized website experiences can make visitors feel valued and understood.

Content Optimization: Engaging Your Audience

Engaging content is your conversation with your customer about their needs and solutions. Here, we would explore how to craft content that speaks directly to your audience, including blog posts, FAQs, and vehicle reviews, enhancing their engagement and encouraging them to take action.

Conclusion: What We Should Takeaway

Just as a well-maintained car dealership draws in auto enthusiasts, a finely tuned website attracts more customers. From leveraging top-notch tools to ensuring your website races ahead in SEO rankings, every tweak and tune makes a difference. Now is the time to gear up your digital presence and accelerate into the fast lane!

If you would like to learn more about these best practices and how to implement free tools into your website performance strategy, please join me at the 2024 TIADA Annual Conference & Expo July 21st –23rd in San Antonio, Texas

Chris will present at the 2024 TIADA Conference & Expo on Tuesday, July 23. To register, visit conference.txiada.org/ register/

TEXAS SIZED SAVINGS!

Sweeping Changes Coming

Deputy Executive Director Roland D. Luna

will be presenting the Tuesday General Session including the most current information you’ll find anywhere about the switch from paper temporary tags. (https://conference.txiada.org/tuesday-general-session/)

Director of Enforcement Division Corrie Thompson

will be presenting a breakout session about securing your dealership. (https://conference.txiada.org/tuesday11/#4)

TxDMV will also have a booth in the expo hall to discuss with dealers any issues related to temporary tags and webDEALER.

The Texas independent automobile industry is facing several significant changes in how dealers handle temporary tags, vehicle titles, and registrations. Additionally, as TIADA has recently reported, the FTC CARS Rule will create major headaches for dealers if it is implemented. The industry is also seeing dramatic changes in the economic conditions that have impacted dealership operations and finances. At the 2024 TIADA Conference & Expo, dealers will have a chance to attend three general sessions specifically focusing on these coming and ongoing changes.

Temporary Tags with TxDMV

The Texas Department of Motor Vehicles (TxDMV) recently presented a detailed timeline for the move from paper temporary tags to metal plates, and they will have more detailed information for dealers by the time the 2024 TIADA Conference & Expo rolls around. This comprehensive timeline was shared during a dealer town hall event on April 30th, 2024, in Austin. The event saw TxDMV Executive Director Daniel Avitia, agency leaders, and several Tax Assessor-Collectors (TACs) engaged in open conversation with

dealers, seeking to address various concerns. In addition to presenting at this year’s Conference, TxDMV will have a booth in the exhibit hall to answer any questions dealers may have about renewals and webDEALER.“The recent TIADA town hall gatherings have, first and foremost, given unique opportunities for our dealers and stakeholders to meet collectively to openly discuss how the rules are being made and how it’s going to affect the industry,” said TIADA President Eddie Hale. “In a very unique environment, agency leaders, staff, dealers, TACs all came together to create quality conversation about the rules that can benefit all of us. Give it to the TxDMV and TACs for putting themselves out there, receiving comments and questions, and presenting themselves in such a friendly manner, like a partner in all of this.”

With updates anticipated after the TxDMV’s June board meeting, Hale spotlights the approaching TIADA conference as a critical moment for dealers.

“I’ve never been more excited to attend the conference than I am this year, especially with the timing of the temp tag situation and TxDMV’s presence at the conference,” said

The Texas independent automobile industry is facing several significant shifts in how dealers handle temporary tags, vehicle titles, and registrations.

TIADA President Eddie Hale. “The conference follows their June board meeting, and they will have a large presence with a lot of incredibly important information about the situation, which dealers will get right

Dealers, take note of these essential dates:

February 2024

TxDMV offers in-person and virtual training statewide for smooth dealer transition into the webDEALER system. Visit the TxDMV website calendar for training schedules.

June 27, 2024

TxDMV Board proposes rules for implementing House Bill 718 (temporary tag repeal) and House Bill 3297 (safety inspection repeal). Proposed rules open for public comment.

Public comment period for proposed June rules begins (30 days from posting in the Texas Register).

July 2024

October 2024

TxDMV Board reviews and adopts final rules for HB 718/ HB 3297 implementation. (HB 718 mandates rule adoption by December 1, 2024.)

HB 3297 takes effect, removing vehicle safety inspection requirements across Texas. Note: Air emissions inspections remain mandatory in 17 counties.

January 1, 2025

June 2025

Spring 2025

TxDMV initiates training on the new License Plate Inventory Management System and begins distributing metal plates to dealers ahead of HB 718 going into effect in July.

HB 718 effective — Paper temporary tags replaced with metal plates issued at the time of vehicle sale. Mandatory webDEALER usage for all dealers processing transactions (no paper transactions allowed).

July 1, 2025

from the epicenter. We’re going to be right there at the right time, during the comment period for the rule changes.” The Conference also gives members a final chance for their comments to be heard and considered for implementation into what will become the final rules.

The TIADA Conference & Expo, scheduled for July 21–23, 2024, in San Antonio, offers independent dealers unparalleled access to the latest temporary tag information.

TxDMV will deliver a must-attend general session presentation, allowing dealers to ask questions and share concerns directly with the agency.

The

FTC CARS Rule with Jean Noonan

Dealers must brace for the potentially disruptive impact of the FTC’s proposed CARS Rule. Attorney Jean Noonan, Partner at Hudson Cook, LLP, will provide a comprehensive review of the rule, dissecting how it could reshape vehicle marketing, advertising, and dealer operations.

Dealers must also brace for the potentially disruptive impact of the FTC’s proposed CARS Rule and other critical economic factors shaping the automotive landscape.

Expect a close examination of the criticism and ongoing litigation surrounding the rule. Concerns center on its complexity and potential to hinder dealership operations and competitiveness.

Noonan’s session is a must-attend for all dealers. She’ll share the latest information regarding the brief filed on behalf of dealers, clarifying its implications and legal status. This session is an absolute must-attend for any dealer seeking to understand the potential impact of the CARS Rule and ways to stay compliant in a changing regulatory landscape.

Economic Insights with Jonathan Smoke

Independent automobile dealers should prepare for a deep dive into critical economic factors shaping the automotive landscape in Texas and around the country. Jonathan Smoke, Chief Economist at Cox Automotive, will deliver a session analyzing the United States and Texas economies. He will dissect how these economic

conditions will influence the vehicle market throughout 2024 and into 2025. Smoke will shed light on vital trends impacting vehicle demand, including population and job growth, inflation, consumer credit, and interest rates.

Attendees will gain valuable insights into current market conditions for both new and used cars. Smoke will explore how affordability, vehicle supply, loan rates, and consumer sentiment form the economic backdrop for independent dealers. Additionally, he will delve into the latest market trends on pricing, supply, and the growing industry shift toward electric vehicles.

The session promises to culminate in actionable forecasts and predictions of key themes poised to significantly influence the independent automobile industry’s future. Dealers attending this session will leave with a clearer understanding of the economic forces at play and how to position themselves for success in the evolving market.

With sweeping changes impacting temporary tags, the FTC CARS Rule looming, and a shifting economic landscape, the 2024 TIADA Conference & Expo is a can’t-miss event for Texas independent auto dealers. In-depth sessions on these critical topics will provide indispensable guidance and knowledge in this transformative period. By attending the general sessions led by experts like Jonathan Smoke, Jean Noonan, and TxDMV leadership, dealers will gain the clarity and insights necessary to navigate these challenges and develop winning strategies for the future.

The 2024 TIADA Conference & Expo offers the tools and resources independent dealers need to adapt, evolve, and seize opportunities within a dynamic automotive market. Register now to secure your spot and ensure your dealership is positioned for success, both in the immediate future and the road ahead.

Please Welcome Our Newest TIADA Members

DEALER MEMBERS

Big Rabbits Autos

James Keese

Continuity Auto LLC

Joe Constancio

Mr Dolares Auto Group

1457 Kirkland Hill Rd ., Axtell, TX 76624

. 3119 Whiteoak Dr ., Temple, TX 76502

Francisco Munoz 3130 Denton Hwy , Haltom City, TX 76117

Pope’s Automotive, LLC

Sheila Pope 5313 Caprock Drive, Pearland, TX 77584

Prime Motor Company, LLC

John Montague 3641 Hwy 16N, Bandera, TX 78003

Raptor TX Auto Group LLC

Paola De Luca Martinez

Recio Auto Sales

Ivan Gonzalez

22461 Katy Fwy, Katy, TX 77450

. 820 E Saunders, Laredo, TX 78043

Specialty Heavy Commercial Equipment LLC

Wilfredo Matias 4727 Erin Blvd, San Antonio, TX 78247

Victory Auto Sales

J Russell McDaniel 1434 S 14th St , Abilene, TX 79602

Werth Motors LLC

Chris Werth 5738 FM 2538, Marion, TX 78124

ASSOCIATE MEMBERS

AIB, Inc.

Zach Dunham 550 Reserve St, Suite 410, Southlake, TX 76092

Amarillo National Bank

Michael Alexander 410 S Taylor, 4th Floor, Amarillo, TX 79101

Dealer Services Network, LLC

Brian Litz 3155 SW 10th Street, Suite D, Deerfield Beach, FL 33442

Dealer.com by Cox Automotive

Emily Wilson

Debexpert

Ivan Korotaev

. 3003 Summit Blvd ., Suite 200, Atlanta, GA 30319

. 8 The Green, Suite B, Dover, DE 19901

Mahaffey Insurance Agency

John Mahaffey P O Box 1298, Royse City, TX 75189

Maverick Document Signings, Inc.

Lisa Spring 742 Mink Ave #12, Murrells Inlet, SC 29576

Modives

Darin Yeomans 112 South Tryon Street, Suite 1570, Charlotte, NC 28284

Proliant

Christopher Koontz

Ring (Amazon)

Rohit Murti

600 Guadalupe St, #3609, Austin, TX 78701

. 18080 Scanlan Court, Fountain Valley, CA 92708

The Dream Team Media Company

Kendra Brown 6046 FM 2929 #327, Spring, TX 77379

XPEL, Inc.

Tim Patrick 711 Broadway Street, Suite 320, San Antonio, TX 78215

Please list me as a sustaining donor. I would like to support my industry by making a monthly credit card donation of $______________ Add me to the KEY-PERSON list!Iknow (Name of Legislator)

__Personal Friend __Professional Contact

I would like to attend political fundraisers in my area I would like to support my industry by pledging a one-time donation of

Join the list of those who have already contributed for 2024.

Please

Contributors through April 30, 2024

Anonymous Donor Brown, Mark Davis, Vicki Edenfield, Robert Goodman, Jason Gregory, Tommy Hagler, Keith & Marcia Hale, Eddie Hanson, April Ingram, Blake Jones, Mark Moore, Russell Rodriguez, Edgar Rogers, Lowell Simmons, Tyler Winkelmann, Ryan Zak, Gregory

us at Booth #214 for Toll Solutions!

This July, your journey at the TIADA Conference isn’t complete without a pit stop at the NTTA booth. We’re excited to showcase groundbreaking solutions tailored for auto dealers like you:

• Simplify Toll Management: Discover streamlined strategies to handle toll invoices effectively, minimizing hassle and maximizing efficiency.

• Enhanced Customer Service Options: Learn how we can enhance your customer interactions and satisfaction with our robust support tools.

• Fleet Inventory Mastery: Explore innovative approaches to fleet inventory management that save time and reduce costs.

• TollTag Inventory Control: See how maintaining your own TollTag inventory can benefit your business operations and customer service.

Visit NTTA at Booth # 214 Brittany Kellett, BKellett@ntta.org NTTA.org

The Role of Digital Document Collection in Fraud Prevention

Featured Presenter

Jessica Gonzalez VP of Customer Success, Lending at Informed

Being a profitable dealership requires innovation and vision in addressing industry challenges. A big concern is the staggering amount of non-mortgage consumer debt — over $100 billion — charged off last year. In the face of rising fraud, digital document collection and consumer transparency are game-changing approaches for dealers and lenders. Traditional lending practices can be cumbersome and time-consuming. Digital document collection tools are modernizing this process. By securely collecting and verifying documents in real time, these platforms streamline operations and provide a powerful deterrent against fraud. This means that instead of relying on manual, paper-based processes vulnerable to manipulation, lenders and dealerships can swiftly validate borrower data for a smoother, more secure transaction.

The Rise of Synthetic Identities

The digital age has revolutionized convenience and brought about sophisticated fraud tactics. Fraudsters are increasingly turning to synthetic identities — fabricated profiles created from a blend of real and fake information. These synthetic identities are difficult to detect using traditional verification methods. Digital document collection offers a crucial advantage in identifying discrepancies that might point toward fraudulent activity.

Proactive Verification

Real-time access to borrower information is the key difference that digital solutions bring to the table. Documents like income statements, tax returns, and identification forms provide a holistic picture of a borrower’s financial health. Digital platforms allow for

swift vetting and verification of these documents, potentially flagging irregularities that could indicate fraud attempts. The immediacy of this process enables dealers to gain a higher level of confidence in closing a sale pre-emptively.

The Transparency Factor

Recognizing the growing importance of data ownership, the Consumer Financial Protection Bureau (CFPB) is proposing its “Personal Financial Data Rights Rule.” While the current focus lies on banking information, increased transparency and access to auto finance contracts could become a reality — a change that would directly benefit consumers. Imagine borrowers having the ability to actively monitor and verify their financial data related to their vehicle purchases. This level of personal oversight would make fraudulent activity much more difficult to execute.

The Zero Trust Approach

The concept of Zero Trust security, with its core principle of “never trust, always verify,” is essential in this fight against fraud. In the automotive sector, applying Zero Trust alongside digital document collection means meticulously verifying the identity and financial information of every borrower. Combining

technological tools with rigorous scrutiny fosters a more secure lending environment for both dealerships and consumers.

Dealership Impact

While fraud protection is the primary benefit of digital document collection, it also offers dealerships significant advantages in streamlining operations and improving the overall customer experience.

Improved Efficiency: Time is Money

The adage “time is money” resonates strongly for car dealerships. Digital document collection dramatically reduces the delays caused by traditional paper-based processes. Automation eliminates the need to manually chase documents, verify data, and rectify errors. This frees up your staff from tedious back-office tasks, enabling them to focus on core activities like customer interactions and closing sales. Streamlined communication between the dealership, lenders, and the borrower further expedites the approval process, accelerating the sales cycle.

Enhanced Customer Experience:

Meeting Expectations Today’s consumers expect frictionless, digital experiences in nearly

every aspect of their lives. Lengthy wait times, redundant paperwork, and unclear processes contribute to a frustrating customer experience — and potentially a lost sale. Digital document collection fosters a smooth and convenient process. Features like secure online document submission reduce hassle for the customer. Realtime document verification and communication also minimize wait times and uncertainty throughout the financing process. This positive experience can translate into increased customer satisfaction and longterm loyalty to the dealership.

Real-World Challenges and Ongoing Progress: Navigating Obstacles

The transition to digital document collection presents challenges alongside its many benefits. Being aware of these hurdles is crucial for successful implementation:

Data

Security:

Protecting the Goldmine The collection of sensitive financial information demands airtight security. Any digital system that stores personal data carries the risk of cyberattacks. Implementing advanced cybersecurity measures, from strong encryption to multi-factor authentication and comprehensive access controls, is non-negotiable. Additionally, regular audits and vulnerability testing are essential to maintain a robust shield against evolving cyberthreats, ensuring consumer confidence.

Integration: Building Technological Harmony Digital document collection solutions need to smoothly integrate with existing dealership management systems (DMS) and lender platforms. Achieving this seamless flow of

information can be technically complex, requiring collaboration between the dealership’s IT team and software providers. Careful planning, thorough testing, and a commitment to finding the right solutions will determine the success of this integration.

Consumer Comfort: Trust

is Key Even with robust security measures in place, some consumers may harbor reservations about submitting financial information online. Building trust is paramount. Emphasizing the enhanced security that digital processes offer, alongside transparent communication about data usage, is vital for consumer acceptance. Dealerships and providers must assure customers that their privacy is paramount, demonstrating a deep commitment to responsible data handling.

The Future:

Secure and Empowering

The transformative power of digital document collection extends far beyond simply streamlining lending. It empowers consumers, boosts efficiency, and creates a more secure financial landscape. By coupling this approach with the core philosophy of Zero Trust security and the promise of increased data ownership, the automotive industry can forge a path toward a future where fraud is not just deterred but actively prevented. The ongoing innovations in this field are a testament to the collective determination to create a more secure and transparent financial future for both businesses and consumers.

Jessica will present at the 2024 TIADA Conference & Expo on Tuesday, July 23. To register, visit conference.txiada.org/ register/

Upcoming Events 2024

TIADA DEALER ACADEMY

For online registration and information, see txiada.org

OTHER TIADA EVENTS

July

21 Board of Directors Meeting

JW Marriott Hill Country Resort San Antonio, TX

21-23 TIADA Conference and Expo

JW Marriott Hill Country Resort San Antonio, TX

Your Membership Pay for Itself

Your Membership Pay for Itself

Discounts on auctions and much more

Download the TIADA App Download the TIADA App

Step 1) Search for "TXIADA"

Step 2) Download the App

Step 3) Create Your Account

Step 4) Save Big!

Over 50 Over 50

*Coupons range from $75 to $200 each on buy-sell fees.

TIADA Auction Directory

Abilene

ALLIANCE AUTO AUCTION ABILENE**

www.allianceautoauction.com

6657 US Highway 80 West, Abilene, TX 79605

325.698.4391

GM: Brandon Denison

Friday, 9:45 a.m.

$AVE : $200

IAA ABILENE*

www.iaai.com

7700 US 277, Hawley, TX 79601

325.675.0699

GM: Shaun Lemke

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Amarillo

DAX of AMARILLO**

www.daxofamarillo.com

3208 SE 10th Ave., Amarillo, TX 79104

806.374.8982

GM: Kelsy Allen

Every Tuesday, 11:00 a.m.

$AVE : $200

IAA AMARILLO*

www.iaai.com

11150 S. FM 1541, Amarillo, TX 79118

806.622.1322

GM: Shawn Norris

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Austin

ADESA AUSTIN**

www.adesa.com

2108 Ferguson Ln., Austin, TX 78754

512.873.4000

GM: Michele Arguijo

Tuesday, 9:30 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION AUSTIN**

www.allianceautoauction.com

1550 CR 107, Hutto, TX 78634

737.300.6300

GM: Brad Wilson

Thursday, 9:15 a.m.

$AVE : $200

AMERICA’S AA AUSTIN**

www.americasaa.com

16611 S. IH-35, Buda, TX 78610

512.268.6600

GM: Jamie McCollum

Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

$AVE : $200

AMERICA’S AA LONE STAR AUSTIN

www.americasaa.com

8408 Shoal Creek Blvd., Austin, TX 78757

214.483.3597

GM: Sara Edgington

Friday and Every Other Thursday, 11:00 a.m.

$AVE : $200

IAA AUSTIN*

www.iaai.com

2191 Highway 21 West, Dale, TX 78616

512.385.3126

GM: Rick Hahn

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

METRO AUTO AUCTION AUSTIN

www.metroautoauction.com

2221 Hwy 21 W., Dale, TX 78616

512.282.7900

GM: Brent Rhodes

3rd Saturday monthly, 9:00 a.m.

$AVE : $200

Corpus Christi

CORPUS CHRISTI AUTO AUCTION**

www.corpuschristiautoauction.com

2149 IH-69 Access Road, Corpus Christi, TX 78380

361.767.4100

GM: Hunter Dunn

Friday, 10:00 a.m.

$AVE : $200

IAA CORPUS CHRISTI*

www.iaai.com

4701 Agnes Street, Corpus Christi, TX 78405

361.881.9555

GM: Patricia Kohlstrand

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Dallas-Ft.

Worth Metroplex

ADESA DALLAS**

www.adesa.com

3501 Lancaster-Hutchins Rd., Hutchins, TX 75141

972.225.6000

GM: Eric Jenkins

Thursday, 9:30 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION DALLAS**

www.allianceautoauction.com

9426 Lakefield Blvd., Dallas, TX 75220

214.646.3136

GM: Anthony Herrera

Wednesday, 12:30 p.m.

$AVE : $200

AMERICA’S AA DALLAS**

www.americasaa.com

219 N. Loop 12, Irving, TX 75061

972.445.1044

GM: Ruben Figueroa

Tuesday, 12:00 p.m. / Thursday, 12:30 p.m.

$AVE : $200

DAX of ROCKWALL**

www.daxofrockwall.com

1810 E I-30, Rockwall, TX 75087

972.771.9919

GM: Tim Clement

Tuesday, 6:00 p.m. / Thursday, 2:00 p.m.

$AVE : $200

IAA DALLAS*

www.iaai.com

204 Mars Rd., Wilmer, TX 75172

972.525.6401

GM: Terrie Smith

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

IAA DFW*

www.iaai.com

4226 East Main St., Grand Prairie, TX 75050

972.522.5000

GM: Julissa Reyes

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee

IAA FORT WORTH NORTH*

www.iaai.com

3748 McPherson Dr., Justin, TX 76247

940.648.5541

GM: Jack Panczyk

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

MANHEIM DALLAS** www.manheim.com

5333 W. Kiest Blvd., Dallas, TX 75236

214.330.1800

GM: Rich Curtis

Tuesday 9:30am / Wednesday, 9:00 a.m.

$AVE : $100

MANHEIM DALLAS FORT WORTH** www.manheim.com

12101 Trinity Blvd., Fort Worth, TX 76040 817.399.4000

GM: Glenna Bishop

Thursday, 9:30 a.m.

$AVE : $100

METRO AUTO AUCTION DALLAS** www.metroaa.com

1836 Midway Road, Lewisville, TX 75056 972.492.0900

GM: Scott Stalder

Tuesday, 9:30 a.m.

$AVE : $200

El Paso

AMERICA’S AUTO AUCTION EL PASO www.aaaelpaso.com

7930 Artcraft Rd., El Paso, TX 79932

915.587.6700

GM: Judith Ayub

Wednesday, 9:30 a.m. MST

$AVE : $200

IAA EL PASO* www.iaai.com

14651 Gateway Blvd. W, El Paso, TX 79927

915.852.2489

GM: Hector Escobar

Wednesday, 9:30 a.m. MST

$AVE : up to $200 Sell Fee

MANHEIM EL PASO**

www.manheim.com

485 Coates Drive, El Paso, TX 79932

915.833.9333

GM: JD Guerrero

Thursday, 10:00 a.m. MST

$AVE : $100

Harlingen/McAllen

IAA M c ALLEN*

www.iaai.com

900 N. Hutto Road, Donna, TX 78537

956.464.8393

GM: Ydalia Sandoval

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

BIG VALLEY AUTO AUCTION**

www.bigvalleyaa.com

4315 N. Hutto Road, Donna, TX 78537

956.461.9000

GM: Lisa Franz

Thursday, 9:30 a.m.

$AVE : $200

Houston

ADESA HOUSTON**

www.adesa.com

4526 N. Sam Houston, Houston, TX 77086

281.580.1800

GM: Keyvan Nayeri

Wednesday, 9:30 a.m.

$AVE : $200

AMERICA’S AA HOUSTON**

www.americasaa.com

1826 Almeda Genoa Rd., Houston, TX 77047

281.819.3600

GM: Kyle Drake

Thursday, 2:00 p.m.

$AVE : $200

AMERICA’S AA NORTH HOUSTON**

www.americasaa.com

1440 FM 3083, Conroe, TX 77301

936.441.2882

GM: Buddy Cheney

Tuesday, 1:00 p.m.

$AVE : $200

AUTONATION AUTO AUCTION - HOUSTON**

www.autonationautoauction.com

608 W. Mitchell Road, Houston, TX 77037

855.905.2622

GM: Juan Gallo

Friday, 9:15 a.m.

$AVE : $200

HOUSTON AUTO AUCTION**

www.houstonautoauction.com

2000 Cavalcade, Houston, TX 77009

713.644.5566

GM: Rich Levene

Tuesday, 12:00 p.m.

$AVE : $200

IAA HOUSTON*

www.iaai.com

2535 West. Mt. Houston, Houston, TX 77038

281.847.4700

GM: Alvin Banks

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

IAA HOUSTON NORTH*

www.iaai.com

16602 East Hardy Rd., Houston-North, TX 77032

281.443.1300

GM: Aracelia Palacios

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

IAA HOUSTON SOUTH*

www.iaai.com

2839 E. FM 1462, Rosharon, TX 77583

281.369.1010

GM: Roxy Castillo

Friday, 9:30 a.m.

$AVE : up to $200 Sell Fee

MANHEIM HOUSTON**

www.manheim.com

14450 West Road, Houston, TX 77041

281.890.4300

GM: Nick Hanson

Tuesday, 9:30 a.m.

$AVE : $100

MANHEIM TEXAS HOBBY**

www.manheim.com

8215 Kopman Road, Houston, TX 77061

713.649.8233

GM: Darren Slack

Thursday, 9:00 a.m.

$AVE : $100

Longview

ALLIANCE AUTO AUCTION LONGVIEW**

www.allianceautoauction.com

6000 SE Loop 281, Longview, TX 75602

903.212.2955

GM: Billy Fitzgerald

Friday, 9:30 a.m.

$AVE : $200

IAA LONGVIEW*

www.iaai.com

5577 Highway 80 East, Longview, TX 75605

903.553.9248

GM: Ulysses Else

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Lubbock

AMERICAS AA LONE STAR LUBBOCK**

www.americasaa.com

2706 E. Slaton Road., Lubbock, TX 79404

806.745.6606

GM: Dale Martin

Wednesday, 9:00 a.m

$AVE : $75/Quarterly

IAA LUBBOCK*

www.iaai.com

5311 N. CR 2000, Lubbock, TX 79415

806.747.5458

GM: Chris Foster

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee Lufkin

LUFKIN DEALERS AUTO AUCTION

www.lufkindealers.com

2109 N. John Reddit Dr., Lufkin, TX 75904

936.632.4299

GM: Wayne Cook

Thursday, 5:30 p.m.

$AVE : $200

Midland Odessa

IAA PERMIAN BASIN* www.iaai.com

701 W. 81st Street, Odessa, TX 79764

432.550.7277

GM: Sheila Gray

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

San Antonio

ADESA SAN ANTONIO**

www.adesa.com

200 S. Callaghan Rd., San Antonio, TX 78227

210.434.4999

GM: Clifton Sprenger

Thursday, 9:00 a.m.

$AVE : $200

IAA SAN ANTONIO*

www.iaai.com

11275 S. Zarzamora, San Antonio, TX 78224

210.628.6770

GM: Paula Booker

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee

MANHEIM SAN ANTONIO**

www.manheim.com

2042 Ackerman Road, San Antonio, TX 78219

210.661.4200

GM: Mike Browning Wednesday, 9:00 a.m.

$AVE : $100

SAN ANTONIO AUTO AUCTION**

www.sanantonioautoauction.com

13510 Toepperwein Rd., San Antonio, TX 78233

210.298.5477

GM: Brandon Walston

Tuesday, 9:00 a.m

$AVE : $200

Tyler

GREATER TYLER AUTO AUCTION**

www.greatertyleraa.com

11654 Hwy 64W, Tyler, TX 75704

903.597.2800

GM: Daylon Waynick Tuesday, 5:00 p.m.

$AVE : $200

Victoria

VICTORIA AUTO AUCTION**

835 Industrial Park Drive, Victoria, TX 77905

361.576.0058

GM: Shelly Griffin Thursday, 11:30 a.m.

$AVE : $200

Waco

ALLIANCE AUTO AUCTION WACO**

www.allianceautoauction.com

15735 I-35 Frontage Road, Elm Mott, TX 76640

254.829.0123

GM: Christina Thomas Friday, 9:45 a.m.

$AVE : $100

Wichita Falls

DAX of WICHITA FALLS**

www.daxofwichitafalls.com

2206 Sheppard Access Rd., Wichita Falls, TX 76306

940.720.0435

GM: Lisa Shelton

Every Other Wednesday, 5:00 p.m.

$AVE : $200

A DEALER-DRIVEN CONFERENCE & EXPO

MONDAY, JULY 22

Opening General Session

8:00 a.m. - 9:15 a.m.

Monday General Session

3:00 p.m. - 4:15 p.m.

TUESDAY, JULY 23

Concurrent Breakout Sessions

Current State of US and Texas Economies and the 2024–2025 Vehicle Market

Jonathan Smoke – Chief Economist at Cox Automotive

Dealer Roundtables

9:45 a.m. - 10:25 a.m.

10:30 a.m. - 11:10 a.m.

11:15 a.m. - 11:55 a.m.

Overview: Join our Dealer-Driven Roundtables, the highlight of the conference, featuring ten concurrent breakout sessions in three rounds. Select your preferred topics and engage in discussions led by experienced dealers, alongside 20 peers. Please keep an eye on our conference app, which is launching July 3rd, to RSVP, as space is limited. If a session is full in the first round, you can attend it in the second or third round. Each session promises to be rich with valuable insights and practical solutions.

The Dealer-Driven Roundtables is your best opportunity to share your stories, listen, and learn from successful Texas dealers just like you. (Dealers only, please).

Roundtable Topics (subject to change)

• Collections: Balancing the Carrot and the Stick

• Marketing & Advertising: Where Is Your Best Spend?

• Pros and Cons of CPI, Debt Cancellation Agreements, and GAP — Determine Which One Is Best for You

• Best 20 Group Ideas Ever for BHPH Dealers

• All Things Retail: Best 20 Groups for Retail Dealers, Compensation Plans for Sales and Finance Personnel, Finding the Right Lenders

• Struggles of a Brand New Dealer (One Session in Spanish)

A Complete Review of the FTC CARS Rule

Jean Noonan – Partner, Washington, DC office, Hudson Cook

TUESDAY, JULY 23

Concurrent Breakout Sessions

9:00 a.m. - 9:50 a.m.

9:00 a.m. - 9:50 a.m. (continued)

Demystifying Arbitration: A Dealer’s Rights and Responsibilities

Auction Expert Panel Discussion

Panelists: Jamie McCollum –America’s AA Austin, Lisa Franzl –Big Valley Auto Auction

Moderator: Mike Browning, Manheim San Antonio

Real Talk with Three National Rock Stars of Special Finance & Retail

National Retail Panel Discussion

Panelists: TBD

Moderator: Jeremy Beck, NIADA

Limiting Risks Without Limiting Deals — What to Look for in Underwriting Besides Downpayments

Tyler Simmons – Sales Manager, Abilene Used Car Sales (Abilene, TX)

Lead Handling to Generate Appointments that Show

Jonathan Dawson –Founder/President, Sellchology Sales Training

Building a Better Performing Portfolio

Ben Goodman –Senior 20 Group Moderator and Consultant, NIADA

EducationalAgenda

TUESDAY, JULY 23

Concurrent Breakout Sessions

10:00 a.m. - 10:50 a.m.

JULY 21-23, 2024 SAN ANTONIO, TX

From Guts to Data: Finding Balance in the Decision-Making Process

Greg Chaney – CEO, Chacon Autos (San Antonio, TX) & Blake Ingram – Owner, Auto City (Dallas, TX)

A Dealer’s Complete Guide to Fraud Prevention, Detection, and Compliance

Detecting Fraud Panel Discussion

Panelists:

Jessica Gonzalez – InformedIQ, Det. Sergio Arguello – San Antonio Police Department, James Waldron – 1st Adjusters

Moderator: Eddie Hale

webDEALER 101

Jason Ortiz & Amanda Andrews –Quality Assurance Coordinators, Dallas County Tax Office

How to Deal with Insurance Carriers

Doug Lattanzio –Jameson & Dunagan, P.C.

Requirements and Responsibilities for Collateral Protection Insurance (CPI)

Huffman Lewis – Director of Consumer Protection & Eric Fancher – Senior Field Examiner, Office of Consumer Credit Commissioner (OCCC)

Concurrent Breakout Sessions

11:00 a.m. - 11:50 a.m.

Legal Challenges to Fast Turns of Inventory

Mark Jones – CEO, MCMC (Dallas, TX) & Greg Bissonnette – General Counsel & Compliance Officer, Drive Casa (Dallas, TX)

BHPH Unplugged

National Dealer Panel Discussion

Panelists: Chris Smiley (Pennsylvania), Winston Sleeth (Missouri)

Moderator: Ben Goodman

Boosting Conversions with Website Optimization Tools

Chris Jackson – Director of Digital Operations, Big Time Marketing & Advertising

Securing Your Dealership: Best Practices for Tags, Nonpublic Personal Information, and Titles

Corrie Thompson – Director of Enforcement Division, Texas Department of Motor Vehicles

Staying Current in the Retail Landscape

Jeremy Beck – President of Dealer Development and Industry Insights, NIADA

Closing General Session 2:15 p.m. - 3:30 p.m.

HB718: A Complete Update on Temporary Tags

Roland D. Luna, Sr. – Deputy Executive Director, Texas Department of Motor Vehicles (TxDMV)

Thank You

DEALER REGISTRATION OPTIONS

Marriott Hill Country Resort — San Antonio, TX

Customize your conference experience by selecting from the options below. To register, please scan the QR code below or go to conference.txiada.org . Questions? Call us at 512.244.6060.

Full Conference Member Registration

(includes Welcome Reception, Monday & Tuesday Education/Sessions, Expo Hall, Lunch on Monday & Tuesday, and Awards Reception & Dinner)

1st * 2nd *

3rd + *

Recruit 5 members by June 30th

Register by June 21st to save $100 per person

June 22 to July 20

*Registrants must be from the same dealership to receive the discounted rate.

HOTEL ACCOMMODATIONS

Discounted guestrooms at the JW Marriott Hill Country Resort are available for $259/night with a $10 daily resort fee (normally $56) for TIADA Conference attendees.

Room must be reserved on or before June 21st to receive the discounted rate. Please only take the rooms you need or release unneeded rooms at least a week before the deadline for other attendees.

Any room reservation that is cancelled after June 21st will be subject to a late cancellation  fee of one night’s room and tax.  No-shows will also be charged one night’s room and tax.

JW Marriott Hill Country Resort / 23808 Resort Pkwy / San Antonio, TX 78261 Book online conference.txiada.org/accommodations/ .

ROAD TO CONFERENCE

Have a cup of coffee on us.

Actually, have 4 cups. Recruit a new member and we will send you a $10 gift card — and we’ll do that for the first 4 members you recruit.

Receive top-notch education.

Recruit 5 new members by June 30th and you will receive one free registration to the 2024 TIADA Conference & Expo.

Relax with the family and turn work into pleasure.

Recruit 10 new members by June 30th and you will also receive your hotel room for free (up to two nights) at the JW Marriott Hill Country Resort in San Antonio during the TIADA conference.

JULY 21-23, 2024

SAN ANTONIO, TX 20 2 4

Travel to Vegas, Orlando or somewhere else!

Recruit 20 members and you will receive an all-expense trip for you and a guest to attend 2025 NIADA Convention & Expo.

Become a TIADA Member

Business Name:

Avoid expensive fines and penalties

The Texas License Renewal Education Course provides the ins and outs of being a dealer in Texas in a self-guided online course, available 24/7. This is the same course required by the TxDMV to renew a GDN license, so it covers all the important subjects including:

• Staying compliant with TxDMV regarding premises requirements

• Acquiring Inventory

• Temp Tags and Metal Dealer Plates

• Buyer’s Guide

• Deal Jacket Documents

• Transferring Titles

• Record Keeping

• Special Inventory Tax (VIT)

• Federal Requirements

• The OCCC

• Enforcement and Investigation

• Advertising Rules

What People Are Saying:

“Great refresher course, helped me remember a lot of items that I need to be in tune with.”

“The course provides all the necessary information, links, and rules where I can find useful tools for my business.”

“If you want to learn more about a specific topic this course includes a direct link to the source you are trying to find out more information on.”

This course is perfect for managers that need an overall refresher or for the new employee that needs to be brought up to speed on all aspects of this industry in a fast, convenient and reliable way.

In addition to TxDMV’s approval, this course has been reviewed by the Tax-Assessor Collectors Association of Texas for accuracy so you’ll never have your title transfer paperwork rejected again.

To register visit TexasDealerEducation.com and select the Texas License Renewal Education Course.

“Overall, this program was great and I am happy that eLICENSING implemented this to ensure we know the basic stuff of running our dealers and running a clean ship without having to face violations or risk your license, this is awesome!”

“This is a good training course for all new dealers. It can also be recommended for old dealers as a refresher training course.”

legal corner

Applying Total-Loss Insurance Proceeds To Reduce Customer’s Balance

Dealer Question: My BuyHere-Pay-Here customer wrecked his car and it was declared a total loss by the insurance company. My customer wants to keep the salvage and have it repaired. Of course, this would reduce the insurance settlement amount since the salvage value would be deducted. I am also concerned about having a rebuilt vehicle with a salvage title as my collateral. Can I insist that we take the full settlement and apply it to the balance?

Answer: Under the terms of most motor vehicle retail installment contracts, the lien holder has the option of applying insurance proceeds on a totaled vehicle to the balance owed. However, if the customer and/or the insurance company refuse to cooperate, there may be some practical issues in enforcing this contract right.

One of the reasons that alternative insurance products (such as single-interest coverage, collateral-protection insurance, and even debt cancellation agreements) have become more attractive to BHPH dealers and other lien holders is the difficulty of dealing with the uncooperative customer and an often-hostile insurance adjustor in resolving a damage claim. Many BHPH customers feel that if they are paying the premium for insurance coverage, they ought to walk away with some money in their pocket when a claim is paid. Also, the thought of losing a car and still owing money on it is not something the average person feels comfortable with.

by Michael W. Dunagan

COUNSEL

...actually collecting the proceeds may involve more work than just receiving and depositing a check. Just as car creditors must diligently monitor that insurance protecting the collateral is in place, they must also attempt to stay in control of the adjustment and payment procedures on the back end to be able to minimize losses...

In reality, most total-loss situations result in insurance proceeds falling short of the balance owed on the account. The combination of smaller down payments paid by sub-prime customers and the motivation of some insurance adjustors to justify the lowest possible pay-out make for more upside-down car debt.

Another dynamic at work in this situation is that so many vehicles are declared to be total losses by the insurance adjustors. With low values placed on wrecked vehicles, and increasing costs for parts and labor, it’s not uncommon for the costs of repair to exceed the values which are applied.

It’s not surprising then that subprime debtors are inclined to look for

creative ways to use the insurance proceeds for something other than just reducing the debt. The debtors may feel that they are better off applying insurance proceeds to fix their sources of transportation while they continue to make car payments. In fact, many BHPH dealers will try to put the customer in another vehicle, especially if the customer has proven to be a regular payer.

Another motivation in the customer-retains-salvage scenario is the title certificate issue. Typically, when a vehicle is categorized as a total loss (the cost of repair exceeds value) the title certificate is supposed to be submitted to the Motor Vehicle Division with a salvage certificate

TIADA

Local Chapters

CORPUS CHRISTI

G.R. Moore

The Car Shack

(dates and times can be found at txiada.org/Calendar_List.asp, when scheduled)

EL PASO

Cesar Stark

S & S Motors

Meeting – 3rd Friday (Monthly)

FORT WORTH

Jerry Smith

H J Smith Automobiles

(dates and times can be found at txiada.org/Calendar_List.asp, when scheduled)

HOUSTON

Robert Edenfield

Mi Pueblo BRP

Meeting – 2nd Tuesday (Monthly)

SAN ANTONIO

Nory Pakravan

210 Auto Credit

(dates and times can be found at txiada.org/Calendar_List.asp, when scheduled)

issued in return. Usually, where a total loss is paid by the insurance company, it takes the salvage and the title certificate (with the lien released) and resells the salvage at a salvage pool or other salvage outlet, with the blue title going to the state. By reducing the settlement by the value of the salvage, and letting the insured keep the salvage, the backend process is simplified for the insurance company.

For a lien holder, however, the prospect of ending up with a rebuilt unit (which may not have been properly repaired) with a salvage title, is not an attractive situation. Thus, the car creditor probably sees application of the insurance proceeds without a reduction for retained salvage as a better alternative.

Typical of the language that often appears on motor vehicle retail installment contracts is this:

PHYSICAL DAMAGE

INSURANCE PROCEEDS:

I (in this case “I” is the debtor) must use physical damage insurance proceeds to repair the motor vehicle, unless you agree otherwise in writing. However, if the motor vehicle is a total loss, I must use the insurance proceeds to pay what I owe you.

Even with the contractual right to apply the proceeds from a total loss to the balance, there may be some obstacles. For instance, most insurance companies do not want to get involved in a dispute between their insured (the debtor) and the loss-payee (the lien holder). Under the insurance contract, the company is required to include the loss-payee on the settlement check (assuming the creditor is listed as a loss payee on the policy). Often, the check with both names listed as payee is sent to the debtor. If the debtor endorses the check and delivers it to the lien holder there’s usually no problem. But what if the debtor refuses to endorse the

check and give it to the lien holder? The resulting impasse can usually only be resolved by reaching some type of compromise agreement or filing a lawsuit to have a court sort out the issues.

Some insurance companies will issue a check solely payable to the loss-payee lien holder if the vehicle has been repossessed and the lien holder submits a statement to the insurance company attesting to that fact. Obviously, this procedure should be sought by a creditor who wishes to stay in control of the situation.

Another practical problem that we see repeated on numerous occasions is the creative debtor that forges the lien holder’s endorsement on the check and cashes it. We’ve even seen cases where the debtor went to the trouble to have a rubber stamp made with the apparent endorsement of the car creditor. In these cases, we’ve usually been able to get the bank or other institution to pay our lien holder client under a law that makes a party responsible that pays out over a forged endorsement.

There are some property-damage insurance carriers that routinely issue settlement checks made payable solely to the named insured (especially if the amount falls below a certain amount), ignoring the rights of the loss payee. It is not unusual for an adjustor to inform the lien holder that the law does not require the inclusion of the loss payee on the check. The fact of the matter is that the carrier is required by the terms of most property-damage insurance policies to made any payment checks co-payable to the named loss payee. The failure or refusal to do so can result in the carrier having to pay a second time if the named insured cashes such a check without repairing the vehicle or using the proceeds to pay down the indebtedness. And, because the failure to protect the lien holder is a breach of the lien holder’s contract rights in the policy, the lien holder who has to sue is entitled to attorney’s fees.

Liability insurance carriers are also required to include registered lien holders on settlement checks that are attributed to property damage of collateralized vehicles. Many adjustors choose not to include lien holders in settlement negotiations or include lien holders as payees on settlement checks. Again, the registered lien holder has a cause of action against the carrier when the exclusion from the check results in the funds not being used to repair the vehicle or pay down the indebtedness.

Another problem that arises frequently in accident/insurance claims situations is the interjection of towing and storage fees. That is, while the lien holder is dealing with its customer and the insurance company, storage charges on a vehicle being held by a storage facility (and in some cases, a body shop) are climbing daily. We’ve seen cases where, when the storage charges exceeded the value of the salvage, the insurance company refused to pay the storage and deducted the salvage value from the settlement offer.

Our recommendation to our car creditor clients is to take control of the collateral as quickly as possible. Having possession and control makes it easier to prevent unnecessary storage charges, the possibility of unauthorized work from that might lead to a mechanic’s lien claim, and problems with submitting a statement of repossession to the insurance company, if needed.

Finally, all steps taken by a car creditor in this process must be taken in good faith and without unreasonably jeopardizing the debtor’s position. The Uniform Commercial Code requires secured creditors to be commercially reasonable in dealing with repossession and the disposition of repossessed collateral.

Conclusion

A vehicle lien holder has the authority under most motor vehicle

retail installment contracts to apply the proceeds of a total-loss insurance claim to the balance of the account. But actually collecting the proceeds may involve more work than just receiving and depositing a check. Just as car creditors must diligently monitor that insurance protecting the collateral is in place, they must also attempt to stay in control of the adjustment and payment procedures on the back end

to be able to minimize losses from accident situations.

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 45 years. He has written a number of books and hundreds of articles for trade journals and law reviews. His clientele includes dealers, banks, finance companies, auto auctions and credit unions.

Unlock Growth Potential:

• UP TO 120% LTV RETAIL FINANCING

• BACK-END LOAN PRODUCTS COVERED

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• STATEWIDE MEMBERSHIP IN TEXAS

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• TERMS UP TO 84 MONTHS

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feature

Don’t Put Off Your Insurance Check-Up: Why Proactive Reviews Matter

by Ann Mullen President at Mullen Insurance Agency

If you are like me and so many owners of small to medium-sized businesses, you suffer from ‘timeshortage’. There are not enough hours in the day and too many of the ones we have are spent dealing with whatever today’s crises are. Indeed, oftentimes even when I make a real effort to stay in the ‘now’, I find I am addressing a challenge I should have recognized and solved much earlier. It was a ‘now’ situation a month ago; it is an ‘urgent’ situation today. Over my thirty-plus years of working with Texas Independent Auto Dealers, Mullen’s job as a ‘Garage Agent’ has been both enviable and rewarding. Our Texas Used Car Dealer customers are a pleasure to work with because they are typically:

Creative

Optimistic

Intelligent

Excellent judges of character

Open to new ideas and possibilities

Family and community-oriented

Curious

Well-educated in their industry

Hard-working

Focused

Business owners with character and courage

Although each of those characteristics are positive, some still open the door for procrastination; at least, that’s how it works for me and many others. While I admire and strive to exhibit positive traits, I also discover to my chagrin I will allow my personal responsibilities, whether they be financial, health, whatever to fall by the wayside. After all, I have a good attorney, excellent banking advisor, a great doctor and I am a good judge of character. Why should I be worrying about details? No symptoms, no problems.

Then one day, I pop into Walgreens to pick up my latest prescription and the pharmacist says, “Sorry. No refills without doctor’s request. Didn’t you see the notice on the last bottle?”

Of course, I did, but I had thirty days to get it done. The task went on the back burner instead of the ‘now’ section. That lapse in judgment meant my attention was moved to urgent. Some of you may have experienced a similar situation:

Call the doctor. Get an appointment. See if a video

check-in will work. After all, I’m feeling okay, and I don’t have a list of questions or concerns. I want my pills and I readily promise a ninety-day supply will allow me time to make a ‘real’ appointment.

That works fine most of the time, but not every time. There is a reason that routine appointments are required to continue medication for chronic conditions. To not heed the reasoning is to put my health in jeopardy.

The same scenario can be applied to your insurance protection. The handling of one policy at a time, often the day of or the day before expiration, becomes routine. In the time crunch created, both your agent and you are more likely to neglect to either ask a pertinent question or explain a change in operations and/or need for protection.

Your focus is to get the policy renewed as quickly as possible and you may be depending on your agent to provide information and consultation that cannot be provided without a complete examination.

What Insurance Does An Auto Dealer Need In Texas?

That is a question we hear every day and one we have heard for thirty-plus years. Yes, there are some insurance and bond coverages that are dictated and required by law for every Texas dealer. But, that is only the beginning of the answer.

Your operation is unique to you. Only you, in discussion with an experienced garage insurance agent, can determine what and how much protection you and your business need to satisfy your insurance philosophy and stay within budget.

Insurance & Bonds Required In Texas

Let’s begin with those areas determined by State Statute:

$50,000 Dealer Bond. Dealer bonds provide limited protection for the public and range in premium from $150 up per bond term, depending on credit score and availability. Dealer bonds respond to bad titles, bad drafts and bad checks up to the $50,000 limit. Bonds are not insurance and, should there be a claim against your bond, you will be held liable for the payment — even if the bonding company pays the claimant. If a claim is made against a dealer’s bond and the bonding company

must make a payment on the dealer’s behalf, the chances of that dealer securing a future dealer bond become negligible.

$85,000 Combined Single Limits

Auto Liability. The auto liability coverage can provide protection for you, your employees, an uninsured customer up to state minimums and contract drivers when involved in an at-fault accident while operating a dealerowned auto in conjunction with a dealer’s business. $85,000 is the minimum limit and appropriate to a small fraction of the Texas Independent Dealer population. Liability limits are available up to $1,000,000 CSL and Excess Liability contracts can extend that protection exponentially. Some dealers utilize Excess Liability policies to inflate the limits to as much as $25,000,000 CSL, depending on individual assets, company structure and their attorneys’ recommendations.

$85,000 Combined Single Limits Un/Underinsured Motorist Protection. Again, the $85,000 is the minimum required or must be rejected in writing. Typically, UM/UIM limits are available up to the primary policy limits. If involved in a non-fault auto accident, the under-insured motorist protection will apply in excess of the primary coverage provided by the

at-fault party’s insurance. For instance, the at-fault party carries $85,000 primary limits; those primary limits must be exhausted before your underinsured coverage will respond. Once the underinsured coverage is triggered, additional protection is available up to whatever amount of underinsured coverage you carry. In some states, a credit is taken against the insured’s UM limit for the amount of coverage provided by the at-fault party’s limit, but not so in Texas. In other words, your limits are on top of the at-fault party’s limits. The uninsured coverage will apply to non-insured at fault parties, as well as hit-and-run situations.

$2,500 Personal Injury Protection. $2,500 is the minimum offered, but it can be increased to $10,000, depending on the carrier. Personal Injury Protection is first-party insurance coverage that will pay the insured’s medical bills, lost earnings, and other financial losses when injured in a car accident, including lost wages and/or funeral expenses. PIP will also pay the passengers’ medical bills if they are hurt in the crash. In Texas, PIP coverage is required, but can be rejected in writing.

Just like neglecting routine medical checkups can put our health at risk, postponing a thorough review of our insurance policies can have serious consequences for our businesses. A proactive insurance check-up ensures that your coverage aligns perfectly with your business’s evolving needs and protects you from unexpected losses.

Partner with an experienced insurance agent to conduct these check-ups regularly. A collaborative, thorough review will help you assess your current risks, identify potential coverage gaps, explore new options, and ultimately make informed decisions about the insurance protection that best serves you and your business. Don’t wait for a crisis – make insurance check-ups an essential part of your business strategy.

Featured Courses

TIADA designed and implemented some important on-demand courses to give dealers quality educational programs they can access throughout the year. These programs are essential for dealers to stay compliant. They offer flexibility, so you can complete them according to your schedule. These courses are designed for any dealers with questions related to various regulations that affect their businesses.

Repossession 101: What You Need to Know

In this two-part video course TIADA counsel Michael Dunagan answers repossession related questions for both the dealer starting out and those dealers who want a refresher. Dunagan goes through the basics of self-help repossession, repossession when a client has filed bankruptcy, and using the courts to regain collateral through sequestration. The course also covers all the repossession letters and includes a downloadable deck of slides to follow along with the course.

$ 98 for two 1-hour videos

The Basics of Transferring Titles *

Want to avoid having your title transfer paperwork rejected at the tax office? This online course is designed to walk you through the title transfer process and is best suited for people new to transferring titles or those who want to brush up on the basics. This course has been reviewed for accuracy by the Tax Assessor-Collectors Association of Texas.

$ 48 for the course * Also available in Spanish

Committees

YES! I would like to serve on TIADA Committees

Check the committee(s) you wish to join. All Dealer Members are welcome to participate. We need your input! Please complete form and return to info@txiada.org or fax to 512.244.6218.

Check the committee(s) you wish to join. All Dealer Members are welcome to participate. We need your input! Please complete form and return to info@txiada.org or fax to 512.244.6218.

Committee members will be appointed at the October 2023 board meeting

Committee members will be appointed at the October 2023 board meeting

Standing Committees:

Standing Committees:

Awards Committee

Awards Committee

Budget and Finance Committee

Budget and Finance Committee

Legislative Committee

Legislative Committee

Political Action Committee (INDEPAC)

Political Action Committee (INDEPAC)

Bylaws Committee

Bylaws Committee

Ad hoc Committees:

Ad hoc Committees:

Ad hoc committees will be appointed by the president to focus on specific issues and given a specific timeframe. Issues may include but are not limited to: education, conference, compliance, member services, membership recruitment, website, magazine and surveys. Committee members will be notified prior to a committee being appointed to determine interest.

Ad hoc committees will be appointed by the president to focus on specific issues and given a specific timeframe. Issues may include but are not limited to: education, conference, compliance, member services, membership recruitment, website, magazine and surveys. Committee members will be notified prior to a committee being appointed to determine interest.

feature

2025 State Officer Nominees

by TIADA Staff

Elections for the TIADA Board of Directors will be held at the House of Delegates meeting during the 2024 TIADA Conference & Expo in San Antonio, Texas.

President

Vicki Davis

A-OK Auto Sales

PO Box 256

23980 FM 1314 Porter, TX 77365

President Elect

Greg Phea

Austin Rising Fast

8024 IH 35 North Austin, TX 78753

Chairman of the Board

Eddie Hale

Neighborhood Auto Sales PO Box 1719 Decatur, TX 76234

Secretary

Russell Moore

Top Notch Used Cars

900 East Davis Conroe, TX 77301

Treasurer

Greg Reine Auto Liquidators

39670 LBJ Freeway Dallas, TX 75237

Vice President, West Texas (Region 1)

Cesar Stark

S&S Motors

7699 Alameda Ave. El Paso, TX 77915

Vice President, Fort Worth (Region 2)

Tyler Simmons

Abilene Used Car Sale, Inc.

2150 N. 1st Street Abilene, TX 79603

Vice President, Dallas (Region 3)

Chad Lancaster

Chacon Autos

11800 E. Northwest Hwy Dallas TX 75218

Vice President, Houston (Region 4)

Lowell Rogers 11th Street Motors

1355 N 11th St. Beaumont, TX 77702

Vice President, Central Texas (Region 5)

Adrian Sanchez

ADK Auto Sales LLC

8330 Burnet Rd. Austin, TX 78757

Vice President, South Texas (Region 6)

Cesar Torres

Lofi Motors

4634 Ayers St. Corpus Christi, TX 78415

Vice President At Large

Christina Sabillón

Mi Tierra Auto Sales

7935 Gulf Freeway Houston, TX 77017

Vice President At Large

Lucas Ponder Auto Smart

3202 Summerhill Rd. Texarkana, TX 75503

behind the wheel

Good Guys, Villains, and Saviors

In every good Western, there are the good guys wearing white, the villains wearing black, and the saviors. If only it were so easy to identify the villains in the auto business. Sit back, and we will identify these forces and where the saviors can be found.

In talking to Texas dealers, most are deeply concerned about the transition from temporary paper tags to metal plates, as they should be. If a dealer does not follow the new rules, they will not be able to sell cars after July 1, 2025. TIADA and TxDMV have held statewide interactive fact-gathering town hall meetings to help identify problems and find solutions. The culmination of this process, with the information that was learned, has facilitated the rules and will be published by DMV this month. These rules will make the basis of this historic transition and will be explained by the top officials of the DMV at several events during the summer conference, finishing up with a special general session you will want to listen to.

The FTC CARS Rule, currently on “pause” by a federal court of appeals announcement, is a significant challenge for the auto business. These rules, if implemented, will alter how you can advertise and sell vehicles, potentially increasing your expenses and transaction time. To shed light on this issue, we have a specially planned general session with Jean Noonan, formerly of the FTC and now with the law firm that drafted the Amicus Brief that TIADA and NIADA filed in the suit against implementation of this rule. Her insights will be invaluable in navigating this major event for your business.

by John Frullo

TIADA EXECUTIVE DIRECTOR

As if state and local law changes are insufficient, we have the always-present villains of the economy. The combination of inventory issues, a qualified workforce, and credit and interest issues have never been more at the forefront of keeping our dealers up at night. The conference has many solutions for this area. Consistently one of the best attended events are the dealer round tables where you will visit and hear fellow dealers discuss opportunities and obstacles and how they worked through the items. You will hear answers to questions you didn’t want to ask that will help put your mind to ease and provide you with the options you are looking for. Jonathan Smoke, chief economist for Cox Automotive, is back by popular demand, providing his latest take on the upcoming year. At the 2023 conference, he was the scout who offered great insight into where the opportunities and problems were expected to be with pinpoint accuracy. Finally, and extremely importantly, you will have the opportunity to visit and talk face-to-face with the industry’s best vendors. In one place, you will have the best talent willing and able to discuss the time and cost-saving solutions they provide and how they can help improve your operations. In a time of a scarcity of a qualified workforce and ever-tightening budgets, you will want to learn how the solutions to the difficulties of your operation can be automated.

As you can see, the 2024 conference is occurring at the right time and has been specifically tailored to help you and prepare you for the future. Register and reserve your special room rate at the JW Marriott Hill Country Resort in San Antonio before it is sold out!

...the 2024 conference is occurring at the right time and has been specifically tailored to help you and prepare you for the future.