GNYADA October 2014 Newsletter

2 GNYADA Adds New Board Members

At GNYADA’s annual meeting in June, members approved the slate of Directors, including two newcomers to the Board: Brett Saslow (Smith Haven Chrysler-Jeep-Dodge, Mitsubishi, and Mazda) and n

The new Board Members heard in detail about the important work of the Board, and their role in deter- mining the policies and direction of the Association. They have gladly accepted their responsibilities (which are many) and their privileges (consisting mainly of volunteering for hard work on behalf of all the dealers in our region). The Greater New York Automobile Dealers Association welcomes Brett and Jack, and welcomes back Jane Millman (Riverhead Dodge), who is rejoining the Board after a short hiatus.

Brett Saslow, Smith Haven Chrysler- Jeep-Dodge, Mitsubishi, and Mazda

Jack Weidinger (North Bay Cadillac, Heritage Jaguar, and Jaguar of Great Neck).

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Jack Weidinger, North Bay Cadillac, Heritage Jaguar, and Jaguar of Great Neck

GNYADA Chairman of the Board Bob Vail welcomed Jack and Brett to a “new director orientation” recently, where he and Association staff updated them on all of the Association’s many services and ongoing projects.

DCA Retroactive Rule on Recalls Questioned In late July, the NYC Department of Consumer Affairs (DCA) “reinter- preted” its consumer protection law and became the only jurisdiction in the nation to say that selling used cars that were subject to open recalls (without making repairs first) was a deceptive practice. It also issued subpoenas to dealers demanding they produce very extensive records opportunity to explore a resolution of the industry’s concerns with this new retroactive interpretation. DCA agreed to our request and adjourned the subpoena deadline until 10/29/14. GNYADA has hosted conference calls with nearly a dozen attorneys who are GNYADA allied members and who represent dealerships with regard to the subpoenas. We are working to coordinate the industry’s response to DCA’s retroactive change in its interpretation of the law. 3 Attorneys WorkingWith GNYADA In addition to working with DCA,

GNYADA will ask for additional meetings with the Commissioner to ask DCA to revise its position and support a workable solution to address her concerns regarding used cars with open recalls for safety defects. GNYADA has already said it recom- mends, as a “best practice,” that deal- ers repair open safety recalls before selling used cars, but we do not sup- port or agree with the DCA’s position that such sales are a “deceptive prac- tice,” or that dealers are obligated to make those repairs on used cars, especially for vehicle brands for which the dealer does not have a franchise.

regarding used cars they sold in the last year that might have been subject to an open recall at the time. In addition, it sought information including how dealerships identify and repair (or pay for third-party repairs) those vehicles, contact infor- mation for buyers, and from whom the dealers acquired those used cars. GNYADA met with Consumer Affairs Commissioner Julie Menin in August and requested a delay in the subpoena return date to allow an

New Federal “Look-up”Tool NHTSA has launched a new online “tool” to help consumers and dealers identify specific cars and light trucks with “open” recalls. The new site is accessible on the SaferCar.gov website at either

www.safercar.gov/vinlookup or https://vinrcl.safercar.gov/vin/

We will continue to press forward on this issue and seek a resolution. If you have any questions, contact GNYADA directly at 718.746.5900.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • October 2014

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