Texas Dealer May 2024

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Also in this issue:

– Michael W. Dunagan: Heroes I’ve Known: I.J. “Irv” Berrier

– Five Interesting Trends for Used Car Dealers in 2024

– Getting Ready for the Elimination of Paper Tags

– How to Ensure Online Payment Security for Your Clients

here’swhattiada isdoingaboutit. is bad for dealers. theftc carsrule
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PRESIDENT Eddie Hale/Neighborhood Autos PO Box 1719 Decatur, TX 76234


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


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


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


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


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


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


Greg Reine/Auto Liquidators

39670 LBJ Freeway Dallas, TX 75237


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


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


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


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


Russell Moore/Top Notch Used Cars 900 East Davis Conroe, TX 77301


9951 Anderson Mill Rd., Suite 101 Austin, TX 78750


TexasDealer contents

Volume XXIV / Issue 5 / May 2024
of Directors
Hours M-F 8:30am – 4:30pm
• Fax 512.244.6218
Notice to all members concerning services and products: TIADA was established in 1944 to develop professional standards of service and conduct for the independent auto industry. Opinions expressed herein are not necessarily those of the TIADA management, the Board of Directors or the membership. Likewise, the appearance of advertisers or their indemnifications of TIADA does not constitute endorsement of the products or services featured. Editor: Stephen Pallas Magazine Ad Sales: Patty Huber, 512-310-9795 Did Y ou Know ? The 2024 TIADA Conference & Expo truly is dealer-driven. For information about some of this year’s featured dealer-speakers, see page 20. 5 Officers’ Message by Vicki Davis, TIADA President Elect 6 INDEPAC Contributions 9 Regulation Matters: Getting Ready for the Elimination of Paper Tags by Earl Cooke 13 Discover Five Interesting Trends for Used Car Dealers in 2024 by Jeff Karg 16 On The Cover: The FTC Cars Rule Is Bad for Dealers. Here’s What TIADA Is Doing About It. by Stephen Pallas 20 2024 TIADA Conference & Expo 25 2024 Recruitment Challenge 26 TIADA Membership Application 27 Excerpts from The CARLAWYER© by Eric L. Johnson 35 Legal Corner: Heroes I’ve Known: I.J. “Irv” Berrier by Michael W. Dunagan 36 Upcoming Events 39 How to Ensure Online Payment Security for Your Clients by Kristen Hoyman 42 TIADA Auction Directory 45 New Members 45 Local Chapters 46 Behind the Wheel by John Frullo

officers’ message

Taming the Clutter Monster

We’ve all been there: drowning in clutter. It seems to accumulate mysteriously, and before you know it, your workspace is overflowing. With 32 years of operation under our belt, we understand the struggle! While we’ve tackled some old files, they often end up boxed and banished to the attic. This isn’t a true solution.

Shredding is key! However, navigating what needs shredding can be tricky. To ensure your dealership business is compliant, consult your CPA to determine which files they recommend keeping and for how long. Additionally, some documents have specific retention requirements set by state and federal regulations, including the IRS, OCCC, and TxDMV.

If you lack a commercial shredder, consider your town’s shredding days — they can be a great resource!

But the battle doesn’t stop at the office. Our digital world needs attention, too! We all get bombarded with junk emails. To declutter your inbox, take time to regularly delete these junk emails and unnecessary files and unsubscribe from unwanted lists.

The clutter monster can lurk in your shop as well. Extra parts, cores for return, and that “just-in-case” pile can quickly become overwhelming. Be honest: are you a pack rat? It’s okay to save some things, but it’s important

to draw a line at some point.

Even your detailer’s area can become a clutter haven. While keeping a few spare floor mats might be practical, hoarding 200 mismatched hubcaps is not.

This battle against clutter stretches far and wide, from overflowing desks to overflowing inboxes. By taking charge and implementing these strategies, we can banish the clutter monster and reclaim our workspaces, physical and digital. Remember, shredding keeps your sensitive info safe, and a little inbox cleaning goes a long way to create a more organized and efficient environment — one free of clutter and overflowing with productivity!

...we can banish the clutter monster and reclaim our workspaces, physical and digital.
May 2024 Texas Dealer 5

Please list me as a sustaining donor. I would like to support my industry by making a monthly credit card donation of $______________

me to the KEY-PERSON list!Iknow (Name of Legislator)

TIADA’s grassroots effort!
Yes, I would like to help with
_______________________________________________ as
__Personal Friend __Professional Contact
___$1,000 ___$500___$250 ___$100Other $________ ____ Personal Check Payable to INDEPAC_____Personal Credit Card Name_______________________________________________________________________________ Company ____________________________________________________________________________ Home Address________________________________________________________________________ Email _______________________________________________________________________________ ** Personal Check or Personal Credit Card only. Corporate contributions are prohibited by state law. Contributions are not tax deductible as charitable contributions for federal income tax purposes. ** Charge my Credit Card V MC D AM_ ___Exp: __/ _ CVV: __ Nameon Card: ___ Card Billing Address (if different): Or donate online at txiada.org >> Resources >> Advocacy >> Political Action Committee� c/o TIADA 9951 Anderson Mill Rd� Suite 101, Austin Texas 78750 PHONE 512.244.6060 FAX 512.244.6218� EMAIL accounting@txiada.org Referred by: Texas Dealer May 2024 6
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 fill out the form on the facing page to help our efforts out at the Capitol!

Contributors through March 31, 2024

Brown, Mark 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

May 2024 Texas Dealer 7
. .. . . .. .. . .. . . .... . ...... .. .. . .. ... . . .. .. . . . ... ... . ..... . . . . . . . . . . . . .. .. . . ...... .. ... .. .. . ... . . . . ... . . . ... . . . .. ... .. .. .. ... .. . ... . . ... .. .. .... .. . .. ....... ... .. . .. .. . . ... . . .... ... ... .... ... .. . ... . ... . .. . ... . . . . . .. ... ... . ....... . .. . .. .. .... . ..... ... .. . .. . . . ... . . . . . . ... . . . .... . .. . . .. . .. . .. .. .. . .... . . . . ... . .. ... ....... . . . . . .. . .. .. . . . .. . .. .. .... ... . . .. . . . . .. .. . ... .. . ..... . . . .. . .... . .. .. .. ... . . ... .. ... . . .. ... ... . . . ..... .. . .. . .... . .. .. . . . .. .. ... .. . . . ... ...... .. . .. .. . .. . .. ... .... .... . . . .. . ... .. ... . . .. . .. .. .. . .... ... ...... . . ... ... ... . . . .. . . . .. . .. .... . . .. ..... .... .. . . ..... . .. .. . . •40 Years Serving Texas Dealers • 4.9 Star Avg. Customer Rating • Independently Owned W h y C h o o s e U s ? M U L L E N I N S U R A N C E . C O M V i s i t U s O n li n e f o r C u s t o m i z e d S o lu t i o n s & H e lp f u l I n s i g h t s W h y C h o o s e U s ? M U L L E N I N S U R A N C E . C O M V i s i t U s O n li n e f o r C u s t o m i z e d S o lu t i o n s & H e lp f u l I n s i g h t s BE SURE TO VISIT US IN BOOTH #600

Getting Ready for the Elimination of Paper Tags regulation matters

During the 2023 regular legislative session, the legislature scheduled to eliminate paper tags as of July 1, 2025. Typically, laws go into effect September 1 of that year, but TIADA and other stakeholders requested additional time as this is a significant undertaking. Currently, the work to get ready for the elimination of paper tags is well under way, and many resources from TIADA, TxDMV, and other stakeholders are being used to ensure this process goes as smoothly as possible. The first draft of the rules related to HB 718 was issued to TxDMV advisory committees. Here is some information on what is currently ongoing to prepare for this significant change.

What is Going on at TxDMV?

Implementing HB 718 requires eliminating the following paper tags and permits: dealer vehicle specific, dealer agent, one-trip and 30-day permits, converter tags, and buyer’s tags, including internet down tags. To replace these paper tags and permits, TxDMV is creating three new metal license plates: the out-of-state buyer plate, the temporary registration plate, and a dealer temporary license plate. Plate design for the new plates is currently underway. These plates are currently being designed to be distinguishable and easily recognizable from other plates. TxDMV expects to have these designs finalized in the coming months.

HB 718 requires that all dealers use webDEALER to submit transactions by July 1, 2025. TxDMV has already developed and started offering webDEALER 101 training. It is offered virtually on a biweekly basis. You can go to TxDMV’s website under Upcoming Events to sign up for those trainings. TxDMV and the Dallas County Tax Office have also agreed to present webDEALER training at TIADA’s annual conference. At the conference you will get the very latest and most up to date information on this developing process.

To facilitate the distribution and tracking of license plates, TxDMV is seeking a technology solution and inventory management system to make ordering inventory easier for dealers and county tax assessor collectors. This system should track orders and shipments, facilitate forecasting inventory needs, inventory ordering, and much more. TxDMV is also seeking integration of the vehicle transfer notification process into webDEALER because HB 718 requires notification to TxDMV by a dealer when a

Currently, the work to get ready for the elimination of paper tags is well under way, and many resources from TIADA, TxDMV, and other stakeholders are being used to ensure this process goes as smoothly as possible.

motor vehicle is sold or transferred. TxDMV is reviewing the license plate distribution model. TxDMV is considering three options: maintaining the distribution model, they have today where they ship to the tax assessor-collectors and the tax assessor-collectors then get plates to the dealers; a hybrid model where they store plates in a distribution warehouse to ship to the tax assessor-collectors who then give them to the dealers; or a model where they ship directly from the warehouse to dealers and the tax assessor-collectors. The models are currently undergoing a cost-benefit analysis to help determine which works best.

TIADA Gives Voice to Independent Dealers

TIADA recognizes this bill is one of the most significant changes dealers have faced and is working diligently to ensure dealers have a say in this important change. Before the passage of HB 718, TIADA and other stakeholders spent significant time with legislature members to express dealers’ concerns about the proposal. After those conversations, several important changes were made to the bill. For example, the effective date was moved from

Featured Session

resource guide

The TIADA Website: txiada.org

Members can log in with their username/password and access our Dealer Member Directory, Legislative Action Center, Compliance Consultation Service and much more. Register for all upcoming TIADA events online through the Calendar of Events, access our online membership application, find contact information for all our Local Chapters, and access many additional resources through our Knowledge Base.

License Renewal



Texas Department of Motor Vehicles



Office of Consumer

Credit Commissioner



Texas Comptroller







American Recovery Association


repo.org or contact TIADA state office FORMS

Burrell Printing



the traditional effective date of September 1, 2023, to July 1, 2025, to ensure more time was available to work out the numerous moving parts and to allow the legislature to amend the bill if necessary. Another significant change that occurred was the creation of a new tag type for dealers, as the initial legislation envisioned replacing agent and vehicle-specific tags with dealer tags. Still, TIADA expressed concerns about the numerous allowable uses for dealer tags compared to those tag types and the costs involved in those tags compared to agent and vehicle-specific tags.

When the initial draft of the rule related to HB 718 was provided to the public, TIADA reviewed the hundreds of pages related to the rule. After staff reviewed the proposed rule, TIADA met with its legislative committee to discuss certain areas of the proposed rule and received feedback from the various dealers on the committee. Moving forward, TIADA will use that feedback from the dealers on the committee along with the information received from dealers during other opportunities, such as town halls set throughout the state, to discuss the bill to comment on the proposed rule after it is put out for comment at the June TxDMV Board Meeting. Our comments will then be taken into consideration, and the rule will be modified as TxDMV thinks is appropriate. Those proposed rules will be issued in June and presented at TIADA’s annual conference by TxDMV during a general session. Attendees will have a chance to ask any questions and provide feedback after that presentation, so please ensure you are there.

4/24 Texas Dealer May 2024 10

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

Texas Independent Automobile Dealers Association
On-Demand Offerings
To register visit Txiada.org/on _ demand Call us at 512.244.6060 or email us if you need assistance.
See us in BOOTH #400 at the TIADA Conference!

Discover Five Interesting Trends for Used Car Dealers in 2024

If you feel like the last few years have been a rollercoaster for used car dealerships, you’re not alone. In 2020, pre-owned car prices skyrocketed due to consumer demand and decreased supply.

“When we look back at the years immediately following the global pandemic of 2020, we’ll be awed by the dramatic swings and unprecedented circumstances the economy and auto market endured,” Cox Automotive Chief Economist Jonathan Smoke said. “We saw historic appreciation in vehicle values,

unimagined drops in supply, and interest rates moving from all-time lows to 23-year highs.”

With supply back on track and an increase in interest rates, car prices have gone back to pre-pandemic levels. Check out what that will mean for your business with five used car market trends for 2024.

1 Slower growth leads to more risk

The used car market will see slower growth in 2024. High interest rates, increased supply and inflation

mean fewer sales. According to Cox Automotive, the pre-owned car market is expected to grow by less than 1% this year.

Higher interest rates decrease consumer buying power, which leads to fewer purchases and longer loan terms. Dealers might be tempted to provide loans to buyers who are at greater risk to default. We’re also seeing a larger increase in buyer fraud. That means more risk for car dealers.

Used car tracking devices allow used car dealers to protect their assets. A vehicle GPS locator system can help find their vehicles in case of loan defaults or if you need to repossess your inventory. Also, some GPS tracking solutions help consumers remain on payment track with targeted payment reminders. They can also remind customers to reach out to their lenders to revise loan terms to help payments stay on track.

2Protecting assets will be even more important

With cars sitting on the lot longer, franchise dealers will see higher costs, which makes return on investment (ROI) even more important.

With inventory that remains on the lot longer, protecting your vehicles will become even more important. Having a vehicle GPS locator system can help ensure their safety. Adding an auto GPS tracker to the vehicles allows you to see where your inventory is in real time. That way, you know it’s still sitting safely on the lot and can see where it is when it’s off lot, whether it’s on loan or out for a test drive.

May 2024 Texas Dealer 13

Dealers also need to be on the alert for auto theft. Starter interrupt can help prevent vehicles from being stolen. Or GPS tracking solutions with geofencing can help locate a stolen vehicle right away. A separate battery powered device hidden in the vehicle can add an extra layer of protection and decrease the risk of the GPS system being hacked.

3 Using technology to streamline business practices

Making the most of technology can help used car dealers market to consumers, be more productive and protect their assets. One major used car market trend is to use technology to improve business. Here are a few ways: Online sales channels: Now consumers can view the cars before they step foot in the showroom. Customers can use the web to browse inventory, review the car history, do virtual tours, schedule test drives, and even buy the car online.

Digitizing files and processes: Dealers are saying goodbye to paper forms and going digital to make the car buying process easier and more streamlined. Digital platforms and software can help them manage their inventory, sales and customer interactions more efficiently. Cloud-based systems are streamlining paperwork, making it easier to organize, access and share documents.

Predictive AI: For 2024, it will be even more important for used car dealers to understand what their buyers are looking for. Predictive AI can be used to break down car dealers’ digital data, analyze the findings and help them figure out which preowned vehicles are more likely to fly off the lot.

GPS tracking solutions: Used car tracking devices can help used car dealers find cars in their system faster. Auto GPS trackers can cut down on the time spent looking for specific vehicles and keep your inventory safe. Some GPS trackers can help reach customers with payment reminders or be resold as theft recovery solutions to increase dealer profits.


Focusing on customer experience to drive sales

As sales become less of a sure thing, prioritizing customer experience will be even more important. Userfriendly website and mobile apps will be an essential part of allowing consumers to find and review your cars. Also, online reviews and testimonials now play a big part in establishing client trust.

Car dealerships should focus on making the car buying process as easy and painless as possible. Around 54% of customers think it takes too long to buy a car. That process can be streamlined with digital tools for faster paperwork and GPS tracking solutions to locate vehicles quickly. Plus, certain used car tracking devices remind customers about upcoming payments, adding that extra layer of customer service.

Providing a great customer experience means more referrals, repeat business and a reputation that can be a key differentiator in a competitive market.

5 Mitigating vehicle theft with an auto GPS tracker

According to a report from the National Insurance Crime Bureau (NICB) nearly 500,000 vehicles were reported stolen nationwide in the first half of 2023, an increase of more than 2% compared to the first half of 2022. About 40% of car thefts are from auto dealerships.

Protect your dealership from theft with GPS tracking solutions. Features like built-in tow-and-tamper detection can keep vehicles from being stolen. And an auto GPS tracker can help you locate stolen vehicles, using features like geofencing to track their location in real time so you can recover them quickly. With duallocation technology, the combination of GPS and cellular location, you can track assets even in hard-to-reach GPS locations like parking garages. Auto theft is a rising trend, but technology like used car tracking devices can keep your inventory safe.

For more information and insights from PassTime, visit: https://passtimegps.com or call 877.727.7846 (toll-free).

Texas Dealer May 2024 14

Ensure your staff knows how to protect consumer information to

Ensure your staff knows how to protect consumer information to comply with the FTC requirements and avoid inadvertent comply with the FTC requirements and avoid inadvertent exposure of your customer's information, government exposure of your customer's information, government enforcement actions, lawsuits, and bad press. enforcement actions, lawsuits, and bad press.

Brought to you by the Texas Independent Automobile Dealers Brought to you by the Texas Independent Automobile Dealers Association. Powered by the Dealer Education Portal. Association. Powered by the Dealer Education Portal.

Visit Visit TIADA’s website TIADA’s website o o r scan the

S a f e g u a r d s S a f e g u a r d s C o m p l i a n c e C o u r s e C o m p l i a n c e C o u r s e Volume purchase discounts available for purchase of 10+ courses The course is flexible and on-demand to fit your busy schedule All users earn a certificate upon completion Sample policies and agreements are included at no additional charge Keep Your Dealership Compliant with the Keep Your Dealership Compliant with the FTC's Safeguards Requirements FTC's Safeguards Requirements O n l y $ 7 5 f o r t h e Q u a l i f i e d I n d i v i d u a l O n l y $ 4 9 E a c h f o r A l l O t h e r E m p l o y e e s V o l u m e D i s c o u n t s a t $ 4 0 f o r A n y C o u r s e May 2024 Texas Dealer 15
for more information r scan the QR Code for more
and registration. and registration.

on the cover

is bad
theftc carsrule Texas Deale r May 2024 16 Featured Session
for dealers.

The independent dealership industry may soon undergo a disruptive transformation in the carbuying process. The Federal Trade Commission’s (FTC) recently finalized the “Combating Auto Retail Scams” (CARS) Rule, which aims to strengthen transparency and safeguard consumers from deceptive practices. While this objective is commendable, independent used car dealerships in Texas have legitimate concerns about the rule’s impact on their day-to-day operations and potentially on their customers.

Understanding the CARS Rule is crucial for both dealers and consumers as it may soon become law. It seeks to build upon existing consumer protection laws in the auto industry, particularly the Used Car Rule. However, the CARS Rule takes a much more exhaustive approach — specifically targeting deceptive advertising and hidden fees — that dealership groups argue is overwhelming and unnecessary. Here’s a breakdown of what independent dealers need to know about the Rule as it is currently written:

A Balanced Approach for Independent Dealers

NIADA and TIADA have signed on to an amicus brief in a legal challenge to the United States Fifth Circuit Court of Appeals in an attempt to block the CARS Rule. The legal challenge to the CARS Rule throws a wrench into the FTC’s plan to move forward with the Rule as finalized in 2023. The FTC argues the Rule will save consumers billions and prevent deceptive practices, but TIADA and other groups staunchly disagree.

The legal challenge argues that the FTC overstepped its authority and failed to consider the negative consequences for small businesses and consumers. NIADA and TIADA want the Fifth Circuit Court of Appeals to overturn the Rule entirely. The outcome of this case will determine the future of the CARS Rule and the level of protection afforded to car buyers.

Recognizing the challenges faced by its members, TIADA is actively advocating for a balanced approach to the CARS Rule’s implementation. Their efforts focus on three key areas. Firstly, TIADA is working closely with the FTC to ensure the rule’s implementation is practical and achievable for independent dealerships. Open communication and collaboration are crucial in finding solutions that prioritize consumer protection

without creating undue burdens for smaller businesses. TIADA believes that regulations should be written in a way that allows independent dealerships to thrive alongside larger franchises, fostering a healthy competitive environment in the Texas car market. Secondly, TIADA is committed to empowering its members with the knowledge and resources they need to comply with the CARS Rule. This includes providing comprehensive training programs, informative webinars, and easily accessible online resources. These resources will break down the regulations into clear, actionable steps, allowing independent dealerships to understand their obligations and implement the necessary changes effectively. By providing this support, TIADA aims to minimize disruptions to daily operations and ensure a smooth transition for its members.

The FTC Cracks Down on Communication

While the vast majority of independent dealers have always strived to be upfront with customers, the CARS Rule throws a wrench into established communication practices. Forget the traditional back-and-forth negotiation many consumers expect — the rule mandates a strict “offering price” that must be advertised everywhere. This one-size-fits-all approach might limit a dealer’s ability to tailor deals to specific customer needs.

So-Called “AddOns” Under a Microscope

Explaining the benefits of optional products and services — what the FTC prefers to call add-ons — like extended warranties has always been part of a a way to ease a customer’s mind about the possibility of future unscheduled repairs. Written consent is already required by law, but the new Rule goes further and requires highly specific additional disclosures and verbal disclosure as well. This might slow down the sales process and potentially confuse some customers who already understand these products are not mandatory.

Financing in the Spotlight

Independent dealers are committed to transparent financing conversations, but the FTC’s focus on written consent for every dealership fee adds another hurdle. While ensuring customers understand the complete financial picture is important, the Rule’s

May 2024 Texas Dealer 17

implementation might bog down the buying process with unnecessary steps.

Recordkeeping Burden

Independent dealerships maintain meticulous records for their own business needs, and they already face enough regulatory hurdles in their recordkeeping practices. However, the FTC’s new requirements for a more exhaustive approach to recordkeeping create an additional administrative burden. This translates to extra time and resources spent on managing paperwork, resources that could be better directed towards customer service. Dealers would have to keep every advertisement, email, and other forms of communication with the customer.

The Impact on Independent Dealers

The CARS Rule’s impact on independent Texas dealerships requires close examination. Unlike large, franchised dealerships, independent operators typically have smaller staffs and operate on tighter margins. This disparity raises concerns about how the rule might affect them financially and operationally.

consumer protection is essential, but it shouldn’t come at the expense of healthy business competition and limiting choices for texas car buyers.

One significant concern is the increase in compliance costs. The additional paperwork, recordkeeping requirements, and potential need for software updates to manage customer consent can be a significant financial burden for smaller dealerships. To ensure compliance, they may need to invest in new software systems or additional staff training, straining their already tight budgets.

Another potential challenge lies in a potentially slower sales process. Obtaining written consent for add-on products and fees adds an extra step, potentially lengthening the time it takes to complete a sale. This could impact customer satisfaction and dealership efficiency. Sales staff will need to adapt their approach to accommodate these new requirements, ensuring a smooth and efficient sales experience for both the dealership and the customer.

Limited resources for training pose another hurdle. Effectively implementing these changes requires proper staff training on the new regulations. However, with limited resources, independent dealerships might face challenges in ensuring everyone fully understands the intricacies of the CARS Rule. TIADA is playing a crucial role by providing training resources specifically tailored to the needs of independent dealerships, ensuring everyone is on the same page when it comes to compliance.

Finally, the CARS Rule’s increased complexity could have a negative impact on financing for dealerships. Lenders might become apprehensive about working with smaller dealerships due to the added regulatory burden. This could limit financing options for a dealership’s customers, particularly those with less-than-perfect credit. To counteract this, independent dealerships may need to build stronger relationships with lenders who are comfortable navigating the new regulations and can continue to offer financing options to their customers.

Potential Unintended Consequences

While intended to strengthen consumer protections, the CARS Rule might have unintended consequences for independent dealerships in Texas and across the country. One major concern is the potential for price increases. The additional costs associated with compliance — such as extra paperwork and recordkeeping — and potentially new software systems could force some independent dealerships to adjust their pricing strategies. To maintain profitability, they might have to raise car prices slightly.

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This could disproportionately impact budget-conscious consumers seeking affordable car options in Texas.

Another potential consequence is a reduction in inventory choices. The added burdens of the CARS Rule might lead some smaller dealerships to streamline their operations. This could involve reducing the variety of vehicles they carry. Faced with stricter regulations and potentially higher costs, some dealerships might choose to focus on a smaller selection of cars that require less paperwork or have simpler financing options. This could limit consumer choice and make it harder for car buyers in Texas to find the specific car they’re looking for.

The CARS Rule’s impact might also tip the scales of competition in the car-buying landscape. Large, wellresourced franchise dealerships with bigger budgets and established compliance departments might be better equipped to handle the new regulations. Independent dealerships, on the other hand, might struggle to adapt due to their smaller staff sizes and tighter financial margins. If the CARS Rule disproportionately burdens independent dealerships, it could lead to a less competitive marketplace for them. This scenario could ultimately disadvantage consumers, as they might have fewer dealerships to choose from and potentially less negotiating power when it comes to car prices.

Finally, TIADA is actively monitoring any potential legislative developments related to the CARS Rule. The association is prepared to advocate for modifications that ensure fair and balanced regulations for all dealerships, regardless of size. This proactive approach ensures that the voices of independent dealerships are heard and that any future adjustments to the rule take into account the specific challenges faced by smaller operations. Ultimately, TIADA’s goal is to create a regulatory environment that fosters consumer protection while also preserving a competitive car buying experience for Texans.

The CARS Rule represents a significant change for the Texas independent automobile dealers and consumers. While the goal of protecting consumers is a positive one, independent dealerships face legitimate challenges in adapting to the new regulations. TIADA is at the forefront of ensuring a smooth transition for its members, advocating for practical implementation, and providing the resources necessary for compliance. Ultimately, a balanced approach is needed. Consumer protection is essential, but it shouldn’t come at the expense of healthy business competition and limiting choices for Texas car buyers. By working together, regulators, industry organizations, and independent dealerships can navigate any new changes and ensure a fair, transparent, and competitive car buying experience.


MANAGE YOUR DEALERSHIP THE PROGRAMS ARE OURS THE BENEFITS ARE YOURS Monitor Inventory & Sales Process Instant Approvals 24/7 Prompt ACH Funding Full Spectrum Financing Competitive Rates Aggressive Advances Flexible Terms Local Branch Offices Training & Support www.lobelfinancial.com │ 800.871.8051 │ ds@lobelfinancial.com © 2024 Lobel Financial. All rights reserved. Member NIADA. May 2024 Texas Dealer 19





This session, presented by Deputy Executive Director Roland Luna and directors from various divisions of TxDMV, will provide everything you need to know about the elimination of paper temporary tags in Texas. HB 718, the law eliminating paper tags, requires several changes for dealers, including issuing metal license plates and maintaining a database of issued plates. TIADA is actively working to ensure a smooth transition for its members, and it is bringing TxDMV to the Conference to help make sure dealers are fully aware of the required changes and implementation procedures. This is a developing and major issue for independent dealers, and TxDMV has begun the process to enact the law, and more information will be available by the time of this presentation.


How do you decide between trusting your gut and leaning into data for your dealership? Join veteran dealers Blake and Greg for an engaging session about why and how they each use data to make informed decisions. There is an overwhelming amount of data you can use for your business, and even more ways to look at and interpret that data. We often get trapped into thinking data is a one-size-fits-all solution, but there are so many variables that it really depends on your dealership’s size, goals, and capabilities to determine what works best for you. In this session, Blake and Greg will discuss the personal philosophy and measurements that fit with their own businesses and provide practical insights to help you find a balance between your own instincts and available data you can use in your decision-making process.

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Texas Dealer May 2024 20



May 2024 Texas Dealer 21

Thank You

Texas Dealer May 2024 22
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TIADA CONFERENCE & EXPO I) SCAN ME Texas Dealer May 2024 24


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


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.

Contact TIADA for details. 512.244.6060
TIADA et x a s independent automobile d e a l sre asso c i ation
This promotion is only valid for active dealer members. Recruitment Challenge *

Become a TIADA Member

Select one: q Dealer Member q Associate Member Contact Person: Address: City: State: Zip: County: E-mail address: Business Phone: Fax: Cell Phone: Dealer P Number: Who referred you to TIADA? Mailing Address (if different from above): City: State: Zip: PLEASE INDICATE PAYMENT METHOD: q Check or Money Order (payable to TIADA) Check# q Credit Card Card Number: Sec. Code: Expiration Date: q via Bank Draft (Authorization Agreement Required – email accounting@txiada.org to get set up) q Monthly Payment via Credit Card (Dealer Members Only; Please enter card information above) - $42.83 per month Mail or Fax Application To: TIADA Membership Services, 9951 Anderson Mill Rd., Suite 101, Austin, TX 78750 FAX 512.244.6218 www.txiada.org 512.244.6060 Dues are not deductible as charitable contributions for income tax purposes but may be deductible as miscellaneous itemized deductions, subject to IRS restrictions. It is estimated that 20 percent of your dues dollars is used for lobbying activities and therefore not deductible. Membership Dues: $499 Dues include NIADA and local chapter membership where applicable Texas Dealer May 2024 26
Business Name:

Excerpts from The CARLAWYER© feature

Federal Developments

House Financial Services Committee

Chairman Reintroduces the Financial Services Innovation Act

In an effort to spur innovation in the financial services industry, House Financial Services

Committee Chairman Patrick McHenry recently reintroduced the Financial Services Innovation Act, which would establish regulatory “sandboxes” at the federal level. A regulatory sandbox is a framework set up by a regulator to allow small-scale, live testing of innovative technologies, products, or services by companies in a controlled environment under the regulator’s supervision. The legislation would require federal regulators to create Financial Services Innovation Offices (“FSIOs”) within their agencies and allow financial institutions to apply for an “enforceable compliance agreement” with the respective FSIOs that, if accepted, would permit them to test new products or services under an alternative compliance plan.

Consumer Financial Protection Bureau Warns Certain Uses of Digital Comparison-Shopping Tools or Lead Generators Can Violate the Federal Consumer Financial Protection Act

On February 29, the Consumer Financial Protection Bureau issued a circular to clarify that operators of digital comparison-shopping tools or lead generators can violate the federal Consumer Financial Protection Act by preferencing financial products or services, such as credit cards, loans, and bank accounts, based on financial or other benefits to the operator or the lead generator. The CFPB concludes in the circular that “[o]perators of digital comparison-shopping tools can violate the [CFPA’s] prohibition on abusive acts or practices if they distort the shopping experience by steering consumers to certain products or services based on remuneration to the operator. Similarly, lead generators can violate the prohibition on abusive practices if they steer consumers to one participating financial services provider instead of another based on

May 2024 Texas Dealer 27
Jean Noonan , Partner at Hudson Cook, will give a general session presentation at the 2024 TIADA Conference & Expo. In her session, Jean will provide a complete overview of the FTC CARS Rule, including implications for independent dealers and the Rule’s current legal status.



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compensation received. Where consumers reasonably rely on an operator of a digital comparisonshopping tool or a lead generator to act in their interests, the operator or lead generator can take unreasonable advantage of that reliance by giving preferential treatment to their own or other products or services through steering or enhanced product placement, for financial or other benefits.” The circular also provides a non-exhaustive list of examples of potentially abusive acts or practices by operators of digital comparison-shopping tools or lead generators. The circular follows guidance previously issued by the CFPB in February 2023 addressing the applicability of Section 8 of the Real Estate Settlement Procedures Act to operators of certain digital technology platforms that enable consumers to comparison shop for mortgages and other real estate settlement services, including platforms that generate potential leads for the platform participants through consumers’ interaction with the platform.

Federal Communications Commission Adopts Voluntary Cybersecurity Labeling Program for Internet of Things (“IoT”) Consumer Products that Communicate Over Wireless Networks

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On March 14, the Federal Communications Commission adopted a voluntary cybersecurity labeling program for Internet of Things (“IoT”) consumer products that communicate over wireless networks. According to the FCC’s news release, “qualifying consumer smart products that meet robust cybersecurity standards will bear a label — including a new ‘U.S. Cyber Trust Mark’ — that will help consumers make informed purchasing decisions, differentiate trustworthy products

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“Qualifying consumer smart products that meet robust cybersecurity standards will bear a label — including a new ‘U.S. Cyber Trust Mark’ — that will help consumers make informed purchasing decisions, differentiate trustworthy products in the marketplace, and create incentives for manufacturers to meet higher cybersecurity standards.”

in the marketplace, and create incentives for manufacturers to meet higher cybersecurity standards.” Certain program highlights include: (1) the U.S. Cyber Trust Mark logo will initially appear on wireless consumer IoT products that meet the program’s cybersecurity standards; (2) the logo will be accompanied by a QR code that consumers can scan for easy-to-understand details about the security of the product, such as the support period for the product and whether software patches and security updates are automatic; (3) the voluntary program will rely on public-private collaboration, with the FCC providing oversight and approved third-party label administrators managing activities such as evaluating product applications, authorizing use of the label, and consumer education; (4) compliance testing will be handled by accredited labs; and (5) examples of eligible products may include home security cameras, voice-activated shopping devices, internet-connected appliances, fitness trackers, garage door openers, and baby monitors. The FCC also issued a notice of proposed rulemaking seeking public comment on additional potential disclosure requirements by

May 2024 Texas Dealer 29

product manufacturers, including whether software or firmware for a product is developed or deployed by a company located in a country that presents national security concerns and whether customer data collected by the product will be sent to servers located in such a country.

U.S. Senators Issue Press Release to


Legislation Requiring Used Car Dealers to Perform Safety Recalls Prior to Sales, Leases, or Loaners to Consumers

On March 22, U.S. Senators Richard Blumenthal (D-CT), Edward J. Markey (D-MA), and Elizabeth Warren (D-MA) introduced legislation that requires car dealers to repair any open safety recalls for used cars prior to selling, leasing, or loaning them to consumers. According to the senators’ press release, “[t]o ensure that open recalls are repaired, the Used Car Safety Recall Repair Act incentivizes auto dealers to swiftly repair recalls by allowing them to sell recalled vehicles to other dealers who have the ability to fix the defects instead of sitting in their lots. The legislation also requires manufacturers to provide dealers with parts to repair safety defects within 60


days or reimburse dealers if the manufacturers cannot provide the necessary parts.”

Federal Trade Commission Holds Virtual Informal “Junk Fees” Hearing

The Federal Trade Commission announced that it will hold a virtual informal hearing on April 24, 2024, at 10:00 a.m. ET on its proposed Rule on Unfair or Deceptive Fees, which the FTC deems “junk fees.” The hearing will be open to the public and viewable on the FTC’s website. Certain interested organizations will have the opportunity to provide oral statements, which will be limited to 15 minutes each. However, these organizations may also submit written documents to the FTC by April 10. On October 11, 2023, the FTC issued its proposed rule, which would prohibit unfair or deceptive practices relating to fees for goods or services, including fees charged in connection with consumer financial products and services. Specifically, the proposed rule would prohibit businesses from misrepresenting the total costs of goods and services by omitting or hiding mandatory fees in advertising prices and misrepresenting the nature and purpose of fees. A link to the hearing webcast will be posted shortly before the date of the hearing on the FTC’s website.

Case(s) of the Month

Car Buyer Failed to Allege Federal Odometer Act Claim Against Dealership’s Owner and Fraud Claims Against Dealership and its Owner

An individual bought a 2019 Lamborghini Urus from a dealership for $270,000 after the dealership’s owner and sole officer represented that the vehicle had 16,000 miles, was fully functioning, had no defects, and was in normal working condition. After taking possession of the vehicle, the buyer found that the vehicle suffered from a number of issues and rarely functioned. He took the car to an authorized Lamborghini dealership to purchase parts and was informed that the vehicle was “blacklisted” from all Lamborghini dealerships because the odometer had been rolled back approximately 21,000 miles. He also learned that the vehicle had electrical problems, was missing plastic pieces, and likely had frame damage. The buyer sued the dealership and the dealership’s owner for violation of the Federal Odometer Act and fraud. The defendants moved to dismiss the Odometer Act claim against the owner and moved to dismiss the fraud claim against both defendants. The U.S. District Court for the Southern District of Florida granted the motion. Addressing the

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Odometer Act allegations first, the court found that the owner could be held personally liable for sending the buyer the allegedly fraudulent odometer statement. However, the court determined that the buyer did not state an Odometer Act claim against the owner because there was no allegation that the owner acted with intent to defraud, such as that he had knowledge that the odometer reading was incorrect or was reckless or grossly negligent in that regard. Turning to the claims of fraudulent representations of material facts against both defendants, the court found that the buyer’s complaint failed to allege that either defendant had knowledge of the mileage discrepancy or the vehicle’s mechanical issues before or at the time of the sale to him. Therefore, the court dismissed the Odometer Act claim

against the owner and dismissed the fraud claim against both defendants but allowed the buyer leave to file an amended complaint. See Lherisson v. Whittington, 2024 U.S. Dist. LEXIS 34395 (S.D. Fla. February 28, 2024).

This Month’s CARLAWYER © Compliance Tip

Get Those Deal Jackets in Order!

Do your deal jackets look like the rats have taken up residence in them? Do you have a checklist of the documents that belong and don’t belong in your deal jackets? Do those documents appear in the same order in every deal jacket? Have you asked your lawyer which documents you must retain and

which you can omit from the deal jacket? Have you asked your lawyer which documents you can scan and keep electronically? Do you audit the content of your deal jackets to make sure that your document order and retention policies are being followed? And, finally, maybe you should give those documents a good read to ensure that the documents in your deal jacket are consistent and reflect your actual business practices.

Eric ( ejohnson@hudco.com ) is a Partner in the law firm of Hudson Cook, LLP, Editor in Chief of CounselorLibrary. com ’s Spot Delivery® , a monthly legal newsletter for auto dealers, and a contributing author to the F&I Legal Desk Book . For information, visit www.counselorlibrary.com . ©CounselorLibrary. com 2024, all rights reserved. Single publication rights only to the Association. HC# 4877-7393-3234

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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 intoned 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.”

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legal corner

Heroes I’ve Known: I.J. “Irv” Berrie

In the 2019 Tom Hanks film, “A Beautiful Day in the Neighborhood,” a cynical reporter is assigned to interview Fred Rogers as part of a series of magazine articles on heroes. Rogers had created the PBS program Mr. Rogers’ Neighborhood, a program acclaimed as bringing positive values to generations of young people. Although the reporter at first felt the assignment was beneath his professional level and reputation, he ended up admiring Rogers and having his life changed for the better during the course of the interviews.

I’ve met many people over the almost half-century of representing TIADA and among those were more than a few whom I would refer to as heroes — folks who changed the businesses and lives of those who came along after them for the better. This is about one of my heroes.

It’s been almost 20 years since we lost I.J. “Irv” Berrier. But even those independent dealers who may have never heard of him are enjoying the benefits of his efforts. I have fond memories of his role, not just as my boss, but as a friend and mentor.

As executive vice president of TIADA from the early-70’s to 1983, Irv guided the association to unprecedented growth and increased influence with state government. TIADA membership surpassed 1500 in 1977, a watermark that, until recently, had been hit only in the immediate aftermath of the passage of the deferred sales tax bill. When he retired, Irv left the association

[Irv] expected excellence of himself, and did not tolerate well incompetence in others. He had a well-defined sense of right and wrong, and placed a high emphasis on integrity and honesty.

on sound financial footing and with an outstanding record of legislative successes. During his watch, the TIADA political action committee was launched, an on-going, regular legislative program was initiated, and educational seminars were begun.

On my first day in the office, Irv handed me a file containing extensive documentation of a proposed Federal Trade Commission rule covering the sale of used motor vehicles. He instructed me to analyze the proposed rule and make recommendations to him on what action TIADA should take.

It was obvious that the rule would impose significant burdens on the sellers of used cars, including what amounted to a mandatory warranty on even the cheapest cars. After looking over my report, Irv announced that we would become

actively involved in opposing the rule. Working together, we prepared a statement that would be filed in the record of the proceedings, and also testimony that Irv would deliver to a panel of FTC employees that were holding hearings around the country.

Irv took a leadership role in organizing other state associations and the National Independent Automobile Dealers Association to present a unified front in opposition to the proposed rule. Working with Marvin Ivy of San Antonio (who would later serve as president of both TIADA and NIADA) an effort was started to gather petition signatures and to have individual dealers around the country lobby their congressional representatives to legislatively stop the rule from being enacted. The effort was successful, and resulted in the

May 2024 Texas Dealer 35

Upcoming Events 2024


For online registration and information, see www.txiada.org


May 23 Town Hall Houston, TX


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

In my mind, his name ranks up there with the heroes who have contributed so much to our industry. Few have done more for Texas used car dealers than Irv Berrier.

watered-down version that provided for the pre-sale disclosure of whether or not there was a warranty given (the current FTC Buyer’s Guide).

In addition to achieving a successful outcome on the proposed FTC rule, the petition drive and organized lobbying efforts also served to propel NIADA to greater heights, including the hiring of a Washington, D.C. -based lobbyist and the hiring of a professional association executive.

But even with his achievements in business and association leadership, Irv will be remembered by me and most others as much for his largerthan-life presence, his sense of humor, and the love of his family.

I first met Irv in 1976 when I was a recent law school graduate looking for a job. The position that was advertised seemed ideal for a new lawyer looking to supplement his income while building a practice. He felt that it was important to have an attorney

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available to answer legal questions for members, a concept that has continued to this day. I was the first and last person he interviewed for the job. We hit it off and he offered me the position. (Looking back now, it doesn’t seem to make much sense to have a green attorney in house who knew nothing about the car business or the laws that affected it, but I’m glad Irv didn’t take that position.)

Irv was a physically imposing man, over six foot tall, but fit and trim. He was always neatly attired, usually wearing sharply pressed, beltless trousers with black, gray, or navy blazer, and flawlessly shined Florsheim shoes. His boyishly handsome face made him appear at least ten years younger than he really was. He used his deep, baritone voice skillfully, knowing when to increase the volume to make his point.

As we got to know each other, we exchanged stories about our lives and families over beers after work. He usually had a six-pack of Schlitz iced down in a cooler nearby. I found out that he had met Marie in a London air-raid shelter while he was in the Army during World War II. They came to Texas after the war and had five children. I came to appreciate the love he had for his family and the genuine warmth they shared with each other. After meeting Marie and the family, I understood why he chose to give up a high-level position with a car manufacturer just so he could remain with them in Texas.

I’ll never forget the first TIADA convention I attended. It was a well-planned, well-executed event that everyone attending seemed to enjoy. During the meals, you could always tell which table Irv was seated at by the continuous laughter. Everyone wanted to sit at his table. His sense of humor was contagious.

I remember flying with Irv to our many meetings, seminars, and

board meetings around the state, usually on Southwest Airlines. He would arrive at the airport early and take up a position close to the loading area. Once aboard, he would make a bee-line to the back of the plane to take a seat in the rear “lounge” area, where the rows faced each other (this feature of the early Southwest planes has long since been discontinued). He

would soon have everyone in that lounge area laughing and partying, and eventually marveling at how quick the flight had been. I was always amazed at and envious of his ability to make friends so easily.

Irv did have a serious side. He expected excellence of himself, and did not tolerate well incompetence in others. He had a welldefined sense of right and wrong,

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and placed a high emphasis on integrity and honesty. I remember that at one convention, I had been approached by representatives of a service-contract company that was seeking TIADA’s endorsement. They asked me what it would take to get the endorsement for their product. It was obvious they were willing to offer money or gifts to anyone who helped them. I reported the conversation to Irv when we got back to the office. “They’ll never do business with TIADA as long as I’m around,” he said. And he meant it.

On more than one occasion I witnessed firsthand his ability to gently bring back to earth an inflated ego. Once, on my way to present a compliance seminar in a West Texas town, I missed my flight. I had to go to another airport, take a commuter plane to a nearby town and rent a car to drive to my destination. I was about 45 minutes late getting started. When I returned to the office the next day, I apologized for what I considered to be a minor infringement. Irv delivered a clear, succinct message to me. “Their time,” he said, referring to the attendees, “is as valuable to them as yours is to you. Don’t let it happen again.” I didn’t.

Irv also had a gentle and generous side. During my job interview with him, he asked me what kind of salary I needed. Not wanting to risk playing hard to get, I mentioned a low figure that I felt I could live with. Instead of jumping at my figure, which obviously was lower than what he was prepared to pay, he immediately said, “I think we can do better than that,” and offered me more than I had asked for. Irv was like that.

After he retired, we usually saw each other only at funerals. But we spoke by phone occasionally, and would bring each other up to date on family and association gossip.

The last time we talked, he commented how sad it was that so many of the leaders of TIADA that we had worked with together had passed on. We can now add Irv Berrier’s name to that list. In my mind, his name ranks up there with the heroes who have contributed so much to our industry. Few have done more for Texas used car dealers than Irv Berrier.

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.

Dealer Academy Repossession 101: What You Need to Know ON DEMAND

This is a video course with

Michael W. Dunagan

TIADA General Counsel, author of Dealer Financing of Used Car Sales and Texas Automobile Repossession: A Lien Holder’s Legal Guide

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 selfhelp 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.

• Preliminary Considerations Before Repossession

• When is a Customer Considered in Default

• Avoiding Liability from Repossession

• Types of Disposition

• Required Notices to the Debtors

• Handling Personal Property

• Using the Courts to Get Your Car Back Registration $98 for two 1-hour videos

Visit txiada.org/on demand for more information. Texas Dealer May 2024 38

How to Ensure Online Payment Security for Your Clients

In today’s interconnected world, where digital transactions have become increasingly prevalent in business operations, the importance of robust cybersecurity measures cannot be overstated. As technology advances, so do the tactics of cyberattackers who seek to exploit companies’ vulnerabilities to gain access to sensitive financial information. Security threats can compromise the very safety of transactions. Thankfully, the ongoing improvements in digital payment security measures are dedicated to securing transactions for businesses and their valued clients.

There are proactive measures that business owners can take to protect themselves and their clients from potential cyber threats.

In addition, there are proactive measures that business owners can take to protect themselves and their clients from potential cyber threats. This article will provide business owners with the knowledge, insights and strategies needed to ensure the online payment security of their payments.

Awareness Regarding Common Cyberattacks

Awareness of common cyberattacks circulating in our digital world is a powerful tool; it equips individuals and companies with the knowledge they need to prevent cyberattacks from infiltrating their

May 2024 Texas Dealer 39

business operations. Businesses account for nearly 40% of cyberattacks a year. The most common types of cyberattacks on businesses are:

Phishing: Phishing attacks often take place in the form of emails. An individual impersonates a trusted person or company to gain access to login credentials, personal information or financial information such as a bank account number.

Data breaches: Data breaches refer to unauthorized access to a company’s computer system. Data breaches occur because cyberattackers can identify software vulnerabilities, resulting in gaining access to sensitive data. Cyberattackers may use stolen credentials, exploit software weaknesses or employ other tactics to breach security and initiate fraudulent transactions.

Malware: Malware is a malicious software program that

compromises a computer system. Payment fraud: Payment fraud refers to the fraudulent activities tailored to obtaining funds or diverting payments, which can take the form of invoice manipulation, unauthorized transfers and more.

Best Practices to Prevent Cyberattacks

To safeguard your business and financial transactions, here are best practices you can start right away to enhance your payment security and prevent a security breach:

6/24 Texas Dealer May 2024 40

Regular software updates: Whenever we receive a notification for a software update, it can feel cumbersome to go through yet another update. Consequently, some may choose to stick with their current version or put off completing the update until later. However, software updates are not just there for improved functionality and speed — they also patch any known security holes. Cyberattackers often attempt to exploit vulnerabilities in outdated software to gain unauthorized access to a company’s website and financial information.

Strong passwords: Implement strong passwords including a combination of letters, numbers and special characters. The sophisticated algorithms cyberattackers use can crack simple passwords in less than a second. If a cyberattacker cracks the password for an email account, for instance, they can use the account for phishing attacks to initiate unauthorized credit card payments.

Two-factor authentication: Two-factor authentication (2FA), also known as multi-factor authentication (MFA), significantly strengthens the security of AR payments by requiring a second token to authenticate one’s identity, such as sending a verification code via text message or email. Even if cyberattackers gain access to your password, they’d still need the second piece of information to gain entry. 2FA prevents cyberattackers from gaining access to emails to initiate phishing attacks and prevents them from having access to financial data such as credit card numbers and login credentials.

Fintech Payment Solutions & PCI DSS

Fintech payment solutions have emerged as a valuable ally in the fight against cyber threats, with Payment Card Industry Data Security Standard (PCI DSS) compliance playing a pivotal role.

PCI DSS is a set of security standards to protect cardholder data during payment transactions. While initially focused on consumer payments, it has become increasingly relevant in the AR space due to the growth of digital payments in the business world.

Here’s how fintech payment solutions can help enhance cybersecurity, particularly concerning PCI compliance in AR payments.

providers undergo regular PCI compliance audits and assessments. Regular audits give businesses confidence in their chosen payment solution’s commitment to security and help them meet their compliance obligations.

Achieving and maintaining PCI compliance on your own can be challenging. Regulations and industry standards constantly evolve to best protect clients and businesses. In addition, there are different levels of PCI DSS compliance determined by the number of annual transactions processed and the card brands accepted. But, as PCI compliance evolves, so do

Secure card data handling:

Modern fintech solutions adhere to strict PCI DSS requirements for storing, processing and transmitting cardholder data.

PCI DSS ensures that businesses don’t store sensitive payment information locally, reducing the risk of data breaches.

Regular auditing and reporting: Fintech

the available solutions for your dealership. Whether you process over six million card transactions annually or less than 20,000, the right financial technology partner can help you ensure you are fully compliant.

For more information and insights from REPAY, please For more information, please visit repay.com.

May 2024 Texas Dealer 41

TIADA Auction Directory




6657 US Highway 80 West, Abilene, TX 79605


GM: Brandon Denison

Friday, 9:45 a.m.

$AVE : $200



7700 US 277, Hawley, TX 79601


GM: Shaun Lemke

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee Amarillo



3208 SE 10th Ave., Amarillo, TX 79104


GM: Kelsy Allen

Every Tuesday, 11:00 a.m.

$AVE : $200



11150 S. FM 1541, Amarillo, TX 79118


GM: Shawn Norris

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee




2108 Ferguson Ln., Austin, TX 78754


GM: Michele Arguijo

Tuesday, 9:30 a.m.

$AVE : $200



1550 CR 107, Hutto, TX 78634


GM: Brad Wilson

Thursday, 9:15 a.m.

$AVE : $200



16611 S. IH-35, Buda, TX 78610


GM: Jamie McCollum

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

$AVE : $200



8408 Shoal Creek Blvd., Austin, TX 78757


GM: Sara Edgington

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

$AVE : $200



2191 Highway 21 West, Dale, TX 78616


GM: Rick Hahn

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee



2221 Hwy 21 W., Dale, TX 78616


GM: Brent Rhodes

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

$AVE : $200

Corpus Christi



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


GM: Hunter Dunn

Friday, 10:00 a.m.

$AVE : $200



4701 Agnes Street, Corpus Christi, TX 78405


GM: Patricia Kohlstrand

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee


Worth Metroplex



3501 Lancaster-Hutchins Rd., Hutchins, TX 75141


GM: Eric Jenkins

Thursday, 9:30 a.m.

$AVE : $200



9426 Lakefield Blvd., Dallas, TX 75220


GM: Robert Kersh

Wednesday, 12:30 p.m.

$AVE : $200



219 N. Loop 12, Irving, TX 75061


GM: Ruben Figueroa

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

$AVE : $200



1810 E I-30, Rockwall, TX 75087


GM: Tim Clement

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

$AVE : $200



204 Mars Rd., Wilmer, TX 75172


GM: Terrie Smith

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee



4226 East Main St., Grand Prairie, TX 75050


GM: Julissa Reyes

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee



3748 McPherson Dr., Justin, TX 76247


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


GM: Rich Curtis

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

$AVE : $100


12101 Trinity Blvd., Fort Worth, TX 76040


GM: Glenna Bishop

Thursday, 9:30 a.m.

$AVE : $100


1836 Midway Road, Lewisville, TX 75056 972.492.0900

GM: Scott Stalder

Tuesday, 9:30 a.m.

$AVE : $200

El Paso


7930 Artcraft Rd., El Paso, TX 79932


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


GM: Hector Escobar

Wednesday, 9:30 a.m. MST

$AVE : up to $200 Sell Fee

on buy or sell fees at these participating auctions! * VALID



485 Coates Drive, El Paso, TX 79932


GM: JD Guerrero

Thursday, 10:00 a.m. MST

$AVE : $100




900 N. Hutto Road, Donna, TX 78537


GM: Ydalia Sandoval

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee



4315 N. Hutto Road, Donna, TX 78537


GM: Lisa Franz

Thursday, 9:30 a.m.

$AVE : $200




4526 N. Sam Houston, Houston, TX 77086


GM: Keyvan Nayeri

Wednesday, 9:30 a.m.

$AVE : $200



1826 Almeda Genoa Rd., Houston, TX 77047


GM: Kyle Drake

Thursday, 2:00 p.m.

$AVE : $200



1440 FM 3083, Conroe, TX 77301


GM: Buddy Cheney

Tuesday, 1:00 p.m.

$AVE : $200



608 W. Mitchell Road, Houston, TX 77037


GM: Juan Gallo

Friday, 9:15 a.m.

$AVE : $200

HOUSTON AUTO AUCTION** www.houstonautoauction.com

2000 Cavalcade, Houston, TX 77009


GM: Rich Levene

Tuesday, 12:00 p.m.

$AVE : $200



2535 West. Mt. Houston, Houston, TX 77038


GM: Alvin Banks

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee



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


GM: Aracelia Palacios

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee



2839 E. FM 1462, Rosharon, TX 77583


GM: Roxy Castillo

Friday, 9:30 a.m.

$AVE : up to $200 Sell Fee



14450 West Road, Houston, TX 77041


GM: Nick Hanson

Tuesday, 9:30 a.m.

$AVE : $100



8215 Kopman Road, Houston, TX 77061


GM: Darren Slack

Thursday, 9:00 a.m.

$AVE : $100




6000 SE Loop 281, Longview, TX 75602


GM: Billy Fitzgerald

Friday, 9:30 a.m.

$AVE : $200



5577 Highway 80 East, Longview, TX 75605


GM: Ulysses Else

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee




2706 E. Slaton Road., Lubbock, TX 79404


GM: Dale Martin

Wednesday, 9:00 a.m

$AVE : $75/Quarterly



5311 N. CR 2000, Lubbock, TX 79415


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


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


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


GM: Clifton Sprenger

Thursday, 9:00 a.m.

$AVE : $200

IAA SAN ANTONIO* www.iaai.com

11275 S. Zarzamora, San Antonio, TX 78224


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


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

$AVE : $100



13510 Toepperwein Rd., San Antonio, TX 78233


GM: Brandon Walston

Tuesday, 9:00 a.m

$AVE : $200




11654 Hwy 64W, Tyler, TX 75704


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

$AVE : $200


VICTORIA AUTO AUCTION** 835 Industrial Park Drive, Victoria, TX 77905


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

$AVE : $200


ALLIANCE AUTO AUCTION WACO** www.allianceautoauction.com

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


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

$AVE : $100

Wichita Falls



2206 Sheppard Access Rd., Wichita Falls, TX 76306


GM: Lisa Shelton

Every Other Wednesday, 5:00 p.m.

$AVE : $200

May 2024 Texas Dealer 43

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.

Over Save Over $10,000!* $10,000!*
Participating Participating Auctions in Texas! Auctions in Texas!

Please Welcome Our Newest TIADA Members



Ascenso Investments Series LLC

DBA Ascenso Motors

Reynaldo Cantu 1506 Sandstone Dr , Mission, TX 78574

Direct Auto Exchange

Joe Hunt

DTG Motors

7702 FM 179 Ste 5, Wolfforth, TX 79382

Claudia Guerrero 703 W Ripy, Fort Worth, TX 76110

East Texas Auto Sales LLC

Misael Hernandez-Ramirez .

Eco Auto Motors Inc

. 13030 State Highway 64 E, Tyler, TX 75707

Cindy Chavez 12745 McNair St, Houston, TX 77015

Eone Auto Group

Dereck Ross

Gofer Motors, LLC

Yuliana Gonzalez


2805 W Arkansas Lane, Suite 205, Dalworthington Gardens, TX 76016

1703 N . Tower Rd ., Alamo, TX 78516

Kazi Uzair 4114 Delta Wood Ct, Houston, TX 77059

Maximum Auto Sale

Mark Croft

Mortiz Auto Sales, LLC

1325 County Road 475, Etoile, TX 75944

Marcos Ortiz 4208 S 23Rd St , Mc Allen, TX 78503

Mr Auto Sales

Marivel Rangel

North Star Auto Sales LLC

101 East FM 813, Palmer, TX 75152

Vlad Pascov 5711 Industry Park Dr, Ste 102, San Antonio, TX 78218

Off Road Automotive

Samantha Leyba 13015 CR 16, Fort Lupton, CO 80621

Thornhill Motor Company

Jamie Thornhill 4116 Hodgkins Rd, Lake Worth, TX 76135

Toros Auto Sales LLC

Hector Zavala 3655 International Blvd, Brownsville, TX 78521

Yamona Imports

Pye Kywe 5002 Raudabaugh Dr , Katy, TX 77494


Capital Credit LLC

Susan Lang 342 Cool Springs Blvd Ste 202, Franklin, TN 37067


Neill Waters


1100 Circle 75 Parkway SE, Atlanta, GA 30339

Chase Tidwell 7400 E Monte Cristo Ave, Scottsdale, AZ 85260


G.R. Moore

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


Cesar Stark

S & S Motors

Meeting – 3rd Friday (Monthly)


Jerry Smith

H J Smith Automobiles

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


Robert Edenfield

Mi Pueblo BRP

Meeting – 2nd Tuesday (Monthly)


Nory Pakravan

210 Auto Credit

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

45 Local Chapters
May 2024 Texas Dealer
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behind the wheel

What’s in a PAC?

This question is often asked in conjunction with why we have a PAC. It is a fair question since it has to do with money! The answer lies in why we want a PAC, why we need a PAC, and how a PAC is only one tool in our toolbox to help your association succeed in helping your dealership in the complex world of buying, selling, financing, and securing your interest in automobiles, as far as state law regulates our actions.

What is a PAC? A political action committee (PAC) is a tax-exempt organization that pools campaign contributions from members and, in our case, contributes those funds to officeholders who support and understand or are willing to learn about our industry. We support individuals from urban to rural areas, including Republicans and Democrats in the legislative and executive branches of the State of Texas.

certain travel expenses, and even supplementing office budgets. Other expenses include paying for the everincreasing costs of running for office. In this year’s primary race election in Texas, over $55 million was spent, up from $30 million in 2020. Clearly, these costs are not covered with the legislative salary of $600 per month.

What is the goal of a PAC? The goal of a PAC is straightforward and, to the surprise of many, is used to help those candidates who understand our industry. It helps to pay for some of the financial costs to retain and maintain their offices. There are several items that legislators spend money on that are not paid for by their office budget. These costs can include assisting with expenses in their community, such as the various levels of sponsoring charitable events,

This is why INDEPAC was created and why it collects and distributes contributions. In this world of big money, we work very hard to ensure the contributions we collect are well thought out. All of the sources and expenditures are listed on reports that we file with the Texas Ethics Commission for INPEPAC. This same level of reporting is required of the candidates and officeholders to whom we contribute.

As our funding is from you and cannot be from TIADA, we must rely on your generosity to assist in this endeavor. When we visit the Texas Capitol on the “Day at the Capitol” event, we want to be able to visit with people we know, understand our business, and know us from their communities. All of this is built on strong relationships.

Please do your part, get to know your legislators, build those relationships, and help your association by contributing to INDEPAC. For more information on contributing, please visit the INDEPAC page on the TIADA website.

For more information on contributing, please visit the INDEPAC page on txiada.org .
Texas Dealer May 2024 46


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