Toyota Exec Talks Trump, EVs, Tariffs
By Jeffrey Bellant
TROY, Mich. – Toyota Motor North America looks toward a strong future and a strategy working with regulators and leaders in a second Trump Administration.
David Christ, group vice president and general manager of Toyota Division - Toyota Motor North America, met with members of the Automotive Press Association on Nov. 6, sitting for a Q&A with APA President Mike Wayland.
He immediately joked about the interview coming one day after the presidential election, with Republicans winning the White House, the Senate and projected to win the House at press time.
“Any time there’s a change in the administration, it’s an interesting time for the industry,” Christ said.
“We have to go through new policies and regulations and bring new people up to speed on who we are and what we do.
He said Toyota works great with both sides of the aisle.
“Really, no business change for us,’ he said. “We’re going to continue to set our strategy; our plans are long-term plans.”
Wayland asked about how Toyota will navigate the change from President Joe Biden, who passed sweeping climate legislation, to former President Donald Trump, who had rolled back CAFÉ standards his first term and promises to focus on boosting oil production in his second.
Christ said the challenges involve demand for EVs falling below what federal regulators would want sales to be, while
individual states vary on emissions standards.
Toyota historically allocates incentives nationwide, with regional differences based on four-wheel-drive versus twowheel-drive, he said.
These challenges affect OEMs.
For example, Stellantis consumers in California can only buy an internal combustion engine (ICE) via special order because of California’s Air Resources Board (CARB) Advanced Clean Cars II (ACCII) regulations, Christ said.
“We have to work with the administration both on the EPA regulations and help them
understand how chaotic it could be if the CARB requirements continue to go,” Christ said. “At the end of the day, we will make great effort to hit every requirement in front of us, including ZEV and non-ZEV requirements.”
While more than a dozen states have adopted CARB standards, either partly or wholly, few states have hit the mandate for 35% EV sales by 2026, Wayland said.
California is way out in front of every other state in adopting these standards, Christ said.
Wayland asked about Trump who had tried in his first term to repeal the right of states like California
Moorby
to set their own standards like CARB.
“We’ve always been a proponent of one federal standard,” Christ said, “because we think it’s best for the customer and best for the dealers, as far as the ability to sell any car anywhere.”
It’s a challenge having different regulations and different model specifications by state, he said. The subject of tariffs came up as it was a part of Trump’s campaign talking points.
Having tariffs placed on parts would raise the price on the car and would not be good for the industry, Christ said.
“The Camry has been the most American car in the industry for a while,” Christ said.
“I think the content level is 90% U.S.-built. But there is still 10% of that car built in other locations. If there are tariffs on that 10%, that could easily change the price of the car.”
Political News
11/18/2024
Industry Leaders React to Major Political Realignment
By Jeffrey Bellant
Industry leaders offered their initial reactions to the Nov. 5 election that made former President Donald Trump the president-elect.
“NIADA will continue its efforts to be an advocate for the independent auto dealer in D.C. and across the nation,” the National Independent Automobile Dealers Association stated. “Fortunately, NIADA has been active in building relationships with legislators and agencies and will continue to give our members a voice within the political landscape.”
“NIADA joined forces with the bipartisan government relations and public policy group Hance Scarborough, LLP., earlier this year. Hance Scarborough is focused on expanding NIADA’s footprint on Capitol Hill in Washington, D.C., and by engaging with lawmakers and regulators on critical policy issues important to independent automobile dealers.
“NIADA also held more than 100 meetings with legislators at its Policy Conference in September in Washington, D.C., discussing the REDO Act, Right to Repair and legislation to curb the theft of catalytic converters. NIADA held meetings with the FTC and CFPB during the Policy Conference.”
Cox Automotive also issued some remarks:
“The industry has been here before. Administration changes are a routine part of the business continuum, and automakers are excellent at working both sides of the political aisle. New administrations, with new promises, policies, and directions, are par for the course.
“We’ve done this before and will do it again in four years. A second Trump term will bring new directions and priorities, but nothing the industry has not dealt with before. The auto industry is much bigger than a single administration.
“While all stakeholders desire longterm consistency in policies, that is not the reality in our political system.
On the vendor side, Steve Levine, offered his first impressions.
“I think the CFPB (Consumer Financial Protection Bureau) will have its wings clipped again, like (Trump did in the first administration,” Levine said. “It will be interesting to see what the FTC (Federal Trade Commission) does about the CARS Rule, I have to believe that it will be put on the back burner, though I’m not sure it matters much because the FTC has been acting like it’s been effective for a while now.
“I think overall the FTC is going to be impacted because over the past few years it seemed like they were very aggressive and had the attitude that if they are over-turned on appeal, so what? I’m curious to see how (FTC Chairwoman) Lina Khan is used, (Vice President-elect) JD Vance seems to be a fan of hers.
“Of course, at the state level, we can expect to see the consumer advocate regulators and AG’s step in the vacuum and push harder, and I think a lot of those folks really like aspects of the CARS Rule so you can expect to see portions of that find their way into state law, such as just happened in New Hampshire.”
Attoney Eric Johnson, partner at Hudson Coook LLC., agrees that post-Jan.20, the regulatory push will come at the state level.
But he expects changes before Trump takes office.
“I think we’ll see a rush of enforcement actions or settlements by the CFPB and/or FTC between now and Jan. 20th as the current administrations works on either filing or clearing out as many investigations or actions as they can before the new administration takes over. We may also see some of the federal rules that have been in development be finalized in this time period as well.”
Compliance
Court Rules Product was ‘Condition of Credit’
By Latif Zaman
The advertising, sale, and financing of products ancillary to a credit transaction have been areas of regulatory scrutiny for years.
Likewise, the always crucial question of what constitutes the cost of credit to be included in the finance charge has only grown in importance.
A recent case before a federal district court touched on both topics.
Eva Perez bought a vehicle with a secured loan from Consumer Financial Services Corporation. Perez later sued CFSC, as part of a punitive class action on behalf of Illinois borrowers who had obtained loans from the lender.
The complaint alleged that CFSC violated the Truth in Lending Act, the Illinois Consumer Installment Loan Act, and the Illinois Consumer Fraud Act by understating the finance charge for the loan transac-
tion, specifically by not including the cost of a car club membership in the finance charge.
Perez alleged that purchasing the car club membership was a condition of the loan and that the car club membership was a contract of insurance under Illinois law.
TILA permits certain types of insurance agreements to be excluded from the finance charge if, among other requirements, the consumer is not required to purchase them and is informed of that fact. CFSC moved to dismiss all of the claims.
The U.S. District Court for the Northern District of Illinois denied the motion to dismiss.
The court found that Perez plausibly alleged that the car club membership was insurance under Illinois law, despite disclosures on the product’s application stating that it did not constitute insurance.
The car club membership provided the following services: roadside
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assistance for, among other things, breakdowns, flat tires, and dead batteries of not more than $75; costs of defending criminal and traffic charges arising out of the use of an automobile; cost of posting bail for charges arising out of the use of an automobile; and a reward for the recovery of a stolen automobile.
Next, the court found that Perez plausibly alleged that the purchase of a car club membership was mandatory, primarily based on her allegations that “she was ‘specifically told that the car club membership was a condition for the extension of credit.’”
The court came to this determination despite the fact that the application for the car club membership, which Perez attached as an exhibit to her complaint, expressly stated that the purchase of the membership was not a required condition of the loan.
The court also noted that whether the membership was mandatory was a factual dispute that it could not resolve on a motion to dismiss.
Therefore, the court concluded that Perez plausibly alleged that CFSC violated TILA by understating the finance charge. It also allowed the ICILA and ICFA claims to proceed.
It will be interesting to see how the court will decide this case, if it ultimately renders a judgment on the merits.
Regardless, in addition to reflecting the wide scope of products that a court would potentially consider insurance, the case also shows the potential regulatory significance of verbal representations to consumers. As a general matter, consumer financial services providers need to develop and implement detailed internal policies and procedures around the conduct of consumer-facing employees and service providers that provide for sufficient training and regular monitoring.
Perez v. Consumer Financial Services Corporation, 2024 U.S. Dist. LEXIS 149532 (N.D. Ill. August 21, 2024).
Latif Zaman is a partner in the Maryland office of Hudson Cook, LLP.
© CounselorLibrary. Based on an article from Spot Delivery. Single print publication rights only to “Used Car News.”
11/18/2024
Photo by Jeffrey Bellant
PANEL: A panel of top consignors discussed the state of the wholesale market during this year’s NAAA World Remarketing Convention in Orlando
Used Car News
Consignors
Patrick O’Connor, director of remarketing, Wheels, said fleet companies have seen some return to “some degree of normalcy” in terms of sourcing vehicles.
“That said, the vehicles in service continue to be maintained despite the elongated lifecycle,” O’Connor said.
“So, as such, when those do return to the market-place, they’re good quality units and still singledriver owned.”
“Conversations with customers have shifted from these large gains on the lease returns to what we consider more the normalcy or what might be.”
Carp said if a customer bought a used car in 2020 or later, 2021 or 2022, and they’re looking to get into a new car with the same payments, “you’re in a negative equity situation, unless you put a lot of money down.”
Carp added while he’s not seeing it in GM Financial’s portfolio, because they are more conservative, others are seeing repo levels start to spike.
“If you’re a consumer out there and bought in those last three years, you have to think about what you’re going to have to do to get out of that vehicle.
OEMs then come in to help with incentives.
Kapusta is hearing from dealers that money on the hood is helping to put deals together to help on the negative equity.
“But there are some folks that are in real deep.”
Kapusta said the biggest challenge for some consignors is the level of technology and options that they’re giving the consumer.
“We want the person to stay in the car. Technology, between texting and different ways of getting a hold of a customer, and then plans we’ve put in place, we’re doing a pretty good job of keeping the customer in the car.”
“My repo average model is only one year older than my off-lease, but I have twice the mileage,” said Dave Volker, national auction sales manager, U.S. Bank.
So that brings in reconditioning consideration at auctions, because of more wear and tear.
Vogelheim asked if the extra tech on cars will lead to insurance companies totaling more cars rather than fixing them.
Volker said he’s noted when de -
linquencies rise, the first thing that collectors and recovering managers look at is expenses at auction.
O’Connor said even entry level vehicles are so sophisticated some repairs can put it out of reach for a consumer.
“On the fleet side, the repair decisions are being made a bit differently,” he said.
“If they can’t source a replacement, they’ll be extending very significant repairs into a vehicle that otherwise wouldn’t be done.”
He added that the supply of parts that might be sourced overseas adds to the repair time.
“I think credit card debt is playing a big role it what’s happening in the marketplace,” Carp said.
“I think people are overextended and with the interest rates at 27% to 30%, it’s having an impact.”
Incentives are the canary in the coal mine, one panelist said.
When that starts to happen it means more focus from the OEM to the dealers on the franchise side to focus on new-car sales. Then normalcy should come to used car sales.
Jackson added that one of the by-products of OEMs getting cars to fleets, is that a lot of fleet customers who were loyal to a certain OEM were taking whatever they could get.
“Now we’re going to start to see those come back in and it will be interesting to see if they stay loyal and go back or if they like what they transitioned into.”
Volker said as a non-captive, U.S. Bank is trying to compete with newer leases out there, but supply is fluid.
“When someone determines what’s normal, it’s bound to change the next day, if not the day before,” he said.
Volker said affordability is key and despite recent rate cuts, if a person has an adjustable rate mortgage that is resetting, rates are still historically high and that’s going to impact every market.
Jackson said, “There’s not a week that goes by that you’re not talking to a fleet manager that’s calling, ‘Well, two or three years ago I paid this amount for my Escape or Equinox.’
“Well, let me tell you about supply and demand,” Jackson replied,
Retail Markets
11/18/2024
KENTUCKY
Joseph Henderson, managing partner, Parkway Auto of Morgantown, Ky.
“I’ve been in business for 35 years. Another store, Car Country in Central City, Ky., has been open for almost a year.
“I’m on the state of Tennessee dealer board. We don’t have an independent dealer association in Kentucky. We’ve been trying. We’ve had some issues with some of our legislators in Kentucky. We would get some momentum going and then the NIADA would change directors, we’ve had three changes in the last five years. We’d get started with one and then they’d leave. And with Jeff (Martin) we haven’t tried yet. We’ll let him get settled and we’ll be back on board. I think he will be there for a while. I wanted to learn the process
and be part of an association and I had met Karen Brown (board executive director) a few years ago and she asked me to come on the board.
“At Parkway we have about 80 cars in inventory. We sell about 35 a month. Of that, on average, 12 would be trucks, eight cars and the rest would be SUVs and vans.
“We sell more domestics. Eighty percent plus is domestic. The cheaper cars are what we look for but everyone wants that domestic vehicle in our area.
“We don’t identify as a buyhere, pay-here dealer. Ours is a little different. What we have is an outside company that when we label our lien holder; it’s their name and they manage our whole portfolio. As far as our customer is concerned, they’re buying it from a bank. A few years back Agora Capital came into the market and
they were letting Westlake collect, it kind of works like that right there. It’s Dealer Finance, it’s a smaller company, maybe 100 dealers in Illinois, Kentucky and Tennessee.
“Our customer’s down payment is right around $1,000.
“At the Parkway store, we use the Big Time Advertising agency.
“The average model year of our cars is 2014, with about 110,000 miles.
“The last car I sold was yesterday, a 2016 Toyota Avalon, 106,000 miles, we sold it for $14,900.”
OHIO
Billie O’Leary, administrator, Auto Express of Hamilton, Hamilton, Ohio
“We have been blessed to be in business 19 years!
“The recent storms were such a heart-breaking event for everyone affected. I
would say with us being in Ohio we were more indirectly impacted (we did get some heavier rain in parts of Ohio). We purchase a lot of vehicles online from all over the United States so some areas were unavailable, transporting cars we already purchased from impacted areas was a little tricky too.
“Obviously at tax time we have a little more inventory than usual, but I would say on average we have 250-300 cars in inventory at the end of the month.
“Currently we are selling on average around 80-85 cars per month.
“Our customers prefer domestic over imports; it just fits our program.
“Our inventory here is a 60/40 split in favor of SUVs over cars. Trucks? What’s that? Trucks are so hard to get your hands on at a rea-
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Compiled by Ed Fitzgerald
sonable price. When we get them in, they are gone super-fast!
“We visit auctions and buy online. This year we have been doing online a lot more. ACV, Openlane, Carmax are our most frequently used online platforms, but our buyer still goes inlane at our local ADESA and Manheim auctions every week.
“We have always been a buy here, pay here.
“Our average down payment right now is around $1,300.
“We spend on average $1,700 per automobile in reconditioning.
“Advice to people starting out in this business? I would say don’t give up. This business is a relationship business in a sense. People who like you, pay you!
“Our most recent sale was a 2015 Santa Fe with just over 143,000 miles.”
Wholesale Markets
11/18/2024
GEORGIA
Corey Sanford, general manager, America’s Auto Auction – Atlanta, Cartersville, Ga:
“Today (Nov. 8), I’m running 1,070, which is normal. It’s up about 100 cars from this time last year.
“We just had our 21st anniversary sale.
“We’re around 56% sold. I wish I could say they were in the 60s. But around us we have three Manheims, an ADESA, CarMax and AutoNation.
“We run 90% dealer cars and 10% fleet/lease/repo.
“What I’m hearing from dealers in the lanes is that things aren’t the best, but they’re very optimistic with the election results. At our first sale after the election, everyone was super optimistic and excited. We’re in the South in a conservative area.”
“I’ve got two good sales
reps on the outside and they are constantly getting new accounts. What we’re good at is we bring strong relationships with dealerships – the owners, general managers, even the title clerks. Even if they move around to different dealerships, we follow them to pick up the dealership where they go. So we keep the dealership they started at and we pick up the one they move to. Even if they are out of work for a few months, we stay in contact with them. We’re not fair weather friends.
“Most of our vehicles are new-car trades.
“Our average price across the block is $9,400.
“We also do an in-op sale every week at 1:30 p.m., after the regular sale. We’ll normally run 100 to 125 and up. We do that on the video screen.
“We fall off a little in No-
vember and December, but the first sale in January, we’ll normally have 1,200 cars. It just goes through the roof. Then we’ll go gangbusters.
OHIO
Chad Bailey, president, Value Auto Auction, Crooksville, Ohio:
“We have four lanes but at our sale Nov. 7 we ran it as five lanes.
“We ran nearly 500 cars. Our conversion rates were high-50s to, maybe 60%.
“We’re really trying to get more and more consignors to hear about us. It reminds me of where we were 20 to 30 years ago with Akron Auto Auction (Bailey is also president of Akron). It’s just getting the word about who we are and where we are, getting more consignors.
“This is a very strong percentage dealer cars sale; I don’t really have many na-
tional fleet or commercial accounts. We’ve got some local repo and we’re starting to pick up some national consignors who run with me in Akron. I let them know if they have some inventory in the southern part of Ohio, give it a chance here rather than (transporting it) all the way to Akron.
“Trying to use our relationships that have been successful in Akron to help at Value.
“Our average car at the Nov. 7 sale was $9,000.
“The nice thing for us is we’ve only been off a little bit in consignment at our Akron sale, with sales percent-ages in the mid-70s. With Value, I’d liked to get that 10 points higher, but it’s about getting more buyers and also getting sellers to be more realistic (with the sales price). That’s a hard conversation to have with someone.
Compiled by Jeffrey Bellant
“We use EDGE for our online sales. One thing I’ve added is a digital sales manager who’s not from here. So, we’ve been able to add digital sales (reps) from (other states). That helped us move the needle in digital sales.
“One of the reasons why I purchased Value Auto Auction is I believe there’s a big market and a real opportunity in the Columbus area where we’re about 45 minutes away. We’re a little bit out of the way but if you can get cars that you can turn on your lot, it doesn’t matter where they come from.
“It’s about customer service. If someone has a problem, do you go the extra mile? Do you communicate? Do you make them feel important? That’s always been Akron’s bread and butter and I want to take that same culture and replicate it here at Value Auto Auction.”
2020
2020
2023
ADESA Boston
December 6, 20
508-626-7000
ADESA Charlotte December 12
704-587-7653
ADESA Chicago
December 6
847-551-2151
ADESA Cincinnati/Dayton
December 10
937-746-4000
ADESA Golden Gate
December 10
209-839-8000
ADESA Indianapolis
December 10
317-838-8000
ADESA Kansas City
December 10, 23
816-525-1100
ADESA Lexington
December 19
859-263-5163
ADESA New Jersey
December 12
908-725-2200
ADESA Salt Lake
December 3
801-322-1234
ADESA Tulsa
December 13
918-437-9044
ADESA Washington DC
December 4
703-996-1100
Columbus Fair
December 11, 18
614-497-2000
Manheim Atlanta December 12, 18
404-762-9211
Manheim Dallas
December 3, 4, 18
877-860-1651
Manheim Denver December 4
800-822-1177
Manheim Detroit December 12
734-654-7100
Manheim Fredericksburg
December 5, 19
540-368-3400
Manheim Milwaukee December 4, 18
262-835-4436
Manheim Minneapolis December 18
763-425-7653
Manheim Nashville December 11, 17
615-773-3800
Manheim Nevada
December 13
702-730-1400
Manheim New England
December 10
508-823-6600
Manheim New Jersey
December 4, 18
609-298-3400
Manheim Atlanta
December 12
404-762-9211
Manheim Dallas
December 3
877-860-1651
Manheim Milwaukee
December 4
262-835-4436
Manheim New Orleans
December 4, 18
985-643-2061
Manheim Orlando
December 3, 10, 17
800-822-2886
Manheim Palm Beach
December 18, 19
561-790-1200
Manheim Pennsylvania
December 6, 12, 13, 20
800-822-2886
Manheim Phoenix
December 5, 19
623-907-7000
Manheim Pittsburgh
December 4
724-452-5555
Manheim Riverside December 3, 5, 17, 19
951-689-6000
Manheim Seattle December 11 206-762-1600
Manheim Southern California December 12
909-822-2261
Manheim Tampa December 12, 19
800-622-7292
Manheim Texas Hobby
December 12
713-649-8233
Southern AA December 4
860-292-7500
Manheim Atlanta
December 12
404-762-9211
Columbus Fair
December 18
614-497-2000
Manheim Dallas December 3
877-860-1651
Manheim Milwaukee December 4
262-835-4436
DECEMBER 2024
Manheim Nashville
December 11
615-773-3800
Manheim Nevada December 13
702-730-1400
Manheim Orlando December 3
800-822-2886
Manheim Palm Beach December 18 561-790-1200
Manheim Pennsylvania
December 12
800-822-2886
Manheim Phoenix December 5, 19
623-907-7000
Manheim Riverside December 5, 19
951-689-6000
Manheim Seattle December 11 206-762-1600
ADESA Boston December 6, 20
508-626-7000
ADESA Charlotte December 12
704-587-7653
ADESA Golden Gate December 10
209-839-8000
ADESA Salt Lake
December 3
801-322-1234
Columbus Fair
December 11
614-497-2000
Manheim Dallas December 4, 18 877-860-1651
Manheim Fredericksburg
December 5, 19 540-368-3400
Manheim Milwaukee December 18 262-835-4436
Manheim New England
December 10
508-823-6600
Manheim New Jersey December 4, 18 609-298-3400
Manheim Orlando December 10 800-822-2886
Manheim Pennsylvania
December 13
800-822-2886
Manheim Pittsburgh December 4
724-452-5555
Manheim Seattle December 11
206-762-1600
Manheim Southern California December 12 909-822-2261
Southern AA December 4
860-292-7500
Manheim Nashville December 11
615-773-3800
Manheim Nevada December 13
702-730-1400
Manheim Palm Beach
December 18 561-790-1200
Manheim Pennsylvania December 12
800-822-2886
Manheim Riverside December 5, 19 951-689-6000
Manheim Seattle December 11 206-762-1600
Financial Services*
Manheim Atlanta December 18
404-762-9211
Manheim Dallas
December 3
877-860-1651
Manheim Milwaukee
December 4
262-835-4436
Manheim Palm Beach
December 18
561-790-1200
Manheim Pennsylvania
December 12
800-822-2886
Manheim Riverside December 5, 19
951-689-6000
Disconnected Jottings From
Tony Moorby
It’s fairly common knowledge that the East Coast plays host to hundreds of golf courses, from ‘cow pastures’ to top-notch championship, exclusive clubs like Pinehurst, Augusta and so on.
In my previous working life I had the privilege of playing at many of them, though my handicap was nothing too special, ‘customer golf’ games were often the fodder of forging relationships, many of which continue to this day.
I don’t play any more, as the results of various surgeries now preclude the necessary dexterity to exercise a good swing. The only course I would par these days is a putt-putt playground and only then if I time my stroke to make it through the windmill sails on number 4!
I can’t say that I’ve ever
seen an ugly golf course; even the ill-kempt ones provide a decent walk through the countryside or quiet cruise on a cart with a libation at arms length. There are lots of worse ways to while away a few hours.
Meetings and conventions exposed me to various and sundry destinations nationwide and the quiet of the Low Country has always held an appeal that won out in the selection of where to retire. The “Coastal Empire” as some locals call it, is the stretch roughly between Charleston and Savannah, which are both cities that my wife Terry and I love to visit. To me, there’s a certain ‘Englishness’ to the atmosphere there. There’s also an opportunity to indulge our foodie exploits in either place although there are some wonderful restaurants locally and on Hilton
By Myles Mellor
Head to compete with our home cooking pursuits. I’ve even enrolled in some casual cooking courses at the Culinary Institute of the South just to expand my repertoire.
Our community was originally designed as a golf course and some late decisions were made to change it to a lake community, embracing all the wildlife that goes with that, up to and including the alligators and snakes within it. If you can imagine what were supposed to be fairways, are now lakes and waterways with all the relaxing amenities and surroundings providing diverse options to play or relax.
I know that Pickleball is the latest and fastest growing sport in the USA and here it’s no different, with a vigorous membership whose energy seems to be
inexhaustible. Like golf, I make a good spectator rather than a player. However a fairly formal Bocce ball league was just put together so we have involved ourselves in this rather sedate but sociable game, along with a few of our adjacent neighbors. So far we’ve disported ourselves in reasonably good form without too much exertion, keeping the competitions firmly in the category of ‘fun’.
Our house is on the largest of the lakes and we marvel every day at how differently the water reacts – it’s always changing. We thought the wildlife was active when we got here. This year, with a warmer summer, the activities around us never cease.
The Bald Eagles here are mating – noisily; the Osprey pair are crashing and diving for fish. A White Tailed doe was on our front porch
a few evenings ago to see if we had anything appetizing in our plants out there. I think I’m going to be at odds with the local armadillos who seem to think they’re JCB earthmovers!
It’s all part of life’s rich pageant and passing parade which here, is better than watching the telly!
