2021 Membership Directory Final

SPECIAL COVID-19 SECTION

HERO Act Penalties Non-compliance with the new lawmay be costly; the NYDOL is responsible for enforcing this new law. The agency can penalize dealers up to $50 per day for failure to adopt health and safety protocols and between $1,000 and $10,000 for failure to follow their health and safety plan.The law also grants a private cause of action to employees seeking injunctive relief against their employer for failure to comply with the plan and permits attorneys’fees and liquidated damages of up to $20,000. What Dealers Should Do The required HERO Act plans are expected to be similar to the reopening plan dealers put in place in order to operate as an essential business early in the pandemic. Dealers have been practicing good hygiene and safety in their dealerships for over a year making them well prepared to comply with the requirements of this new law. Dealers should check gnyada-covid19.com for updated templates and related information when preparing their safety plan to comply with the HERO Act. A “Disinfection Fee” is Not a Permitted Fee GNYADA is aware of recent consumer complaints objecting to dealers charging“disinfection fees”,“COVID Cleaning Fees”or other pandemic related surcharges that have been passed along to customers. Whether these“fees”are to cover the dealer’s cost for sanitizing the facility, the test-driven vehicle, the purchased vehicle, or anything else at the dealership to address the State Department of Health or CDC’s protocols, it is not permissible to preprint these fees on Buyer’s Orders or on customer Repair Orders. GNYADA frequently receives inquiries regarding preprinted fees on Buyer’s and Repair Orders. We have informed dealers over the years that both the NYS Attorney General and the DMV consider that some preprinted fees are - Only the $75 Doc Fee and a Waste Tire Disposal Fee ($2.50 for each new tire you sell) can be preprinted on your Buyer’s Order. Examples of preprinted fees that are not permitted include delivery, destination, prep, administrative, and financing fees. Add “disinfection fee or COVID fee” to that list. Preprinting these fees can lead customers to believe they are mandatory state-imposed fees or non-negotiable fees. • Repair Orders - No preprinted fees are permissible on Repair Orders. Charges for the disposal of waste materials, such as anti-freeze, brake fluid and solvents must be clearly stated and itemized on repair orders and in your advertising. If your dealership does not include the price of supplies in the repair, you may charge for shop supplies, such as nuts, bolts, or cleaners if you itemize the cost of each item separately. Dealers should review their documents and advertising to ensure compliance with the AG’s guidelines and DMV’s rules to avoid potential fines and penalties. deceptive and misleading. • Buyer’s Orders

2021 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS

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