GNYADA September 2015 Newsletter

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To read these stories and get the latest news online, visit the GNYADA website at www.gnyada.com

For Dealer Principals / General Managers / Sales Managers The Newsletter A Publication of Greater New York Automobile Dealers Association

1 New Directors and Officers Installed Chairman Bob Vail Confirmed to 2nd Term

SEPTEMBER 2015 Volume 25, Issue 5

HIGHLIGHTS

At the Association’s 105th Annual Meeting on August 3rd, Robert Vail of Vail Auto Group in Bedford Hills, Westchester, was sworn in for his second term as Board Chairman of GNYADA. The election of the Board’s Officers and Directors also took place that morning, at the Old Westbury Golf and Country Club. Mr. Vail kicked off the meeting by applauding dealer members for the day's astounding level of charitable support at this year's outing, as well as their efforts in making GNYADA a powerful voice in

Albany and Washington; he specifically highlighted the grassroots efforts that dis- suaded Chuck Schumer from cosponsor- ing Elizabeth Warren's CFPB bill . Later in the meeting, Doug Clark, from GNYADA’s Albany-based lobbying firm Wilson Elser, reviewed some legislative wins from the past year, such as securing the new Franchise Law amendments and influencing the state’s Sub-Prime Lending Bill, and spotlighted some of GNYADA’s ongoing efforts in the halls of government.

Dealership to Pay for Deceptive Advertising page 3 Association Dealerships’ Economic Impact page 4 Keep Your Dealership Out of the AG’s Crosshairs page 5

(continued on page 2)

ACA: Required Reporting page 6

Charity Golf Event Raises $100K

Dealer Assisted Financing Can Be Complicated page 7

Meet Our New Additions page 9

Welcome New Members Employment Corner page 12

The Newsletter is published by GNYADA, a not-for-profit organization representing franchised automobile dealers in the New York metro area. 18-10 Whitestone Expressway Whitestone, New York, 11357

DominickTotino Photography

GNYADA’s annual Charity Golf Outing took place early last month at the Old Westbury Golf & Country Club. More than 400 attendees golfed, dined and shared great camaraderie with friends. When the

day concluded, $100,000 had been raised toward automotive student scholarships, to be distributed through the Association’s Center for Automotive Education & Training . (continued on page 2)

Dealer Hotline 718.746.5900 www.gnyada.com

The Newsletter • September 2015 1

New Directors and Officers Installed

(continued from cover)

The swearing in of new Officers and Directors is an important aspect of the Annual Meeting. It is our pleasure to recognize the following new Directors: Oliver Brodlieb Owner, East Hills Jeep Chrysler Dodge Ram Suzanne Cochrane General Manager, Helms Bros Mercedes-Benz Brian Miller Dealer Principal, Manhattan Motorcars Wayne Rampone, Jr. Sales Manager, Ramp Ford in Port Jefferson Station

Robert Vail

Andrew Weinstock

Melanie Spare-Oswalt President, Sayville Ford Robert Vail President, Vail Auto Group in Bedford Hills AndrewWeinstock Vice President, Biener Audi

Oliver Brodlieb

Wayne Rampone, Jr.

Vice Chairman John La Sorsa LaSorsa Chevrolet Buick Vice Chairman Robert Penn Penn Toyota in Greenvale Vice Chairman Nick Toomey Rallye BMW Treasurer Lee Certilman Nardy Honda Secretary Jane Millman Riverhead Dodge Immediate Past President Neale Kuperman Rockland Toyota

As special mention, Misters Weinstock, Brodlieb and Rampone were not only inducted for their inaugural term; they also became second-and third-generation members. Misters Weinstock and Brodlieb are the respective grand- sons of former Board Chairs Martin Biener and Ted Brodlieb. Mr. Rampone is the nephew of former Board Member John Rampone.

Additionally, six officers of GNYADA were sworn in:

Charity Golf Event Raises $100K (continued from cover)

“We thank our sponsors, allied members and dealers for your generosity and help in keeping education as a core activity of the Association,” said GNYADA Board Chairman Robert Vail, at the event. The Association has raised hundreds of thousands of dol- lars in student grants over the years, in support of contin- ued education. This year, GNYADA distributed $25,000 among five highly deserving automotive technology stu- dents. Four of those candidates, including two US Army veterans, are currently enrolled at Lincoln Technical Institute — the fifth was a winner at the 2015 New York Automotive Technology Competition. Thirty-six prizes were also given out to the day’s raffle winners. Rob Dito of Richards Witt & Charles, LLP took home the grand prize, a Chronomat Breitling watch. The tournament winner, for the second straight year, was American Guardian Warranty Services, Inc .

GNYADA's 2015 automotive scholarship recipients, with Education Committee Chairman, Nick Toomey

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

The Newsletter • September 2015

W.Va. Dealership to Pay 80K for Deceptive Advertising

where consumers did have unpaid vehicle debts, dealers simply fac- tored that negative equity into the consumer's loan — one even required consumers to pay it out of pocket. The 2014 Ramey ads were found to have similarly concealed important terms, such as a required down payment — they also failed to make federally mandated credit dis- closures.

4 The NYS Attorney General’s Office is currently investigating a number of local dealerships for allegedly pub- lishing deceptive advertisements. These dealers received letters from the AG, regarding ads that purported- ly violate the Office’s Advertising Guidelines for Auto Dealers. The recently listed charges include several which the Association has reported on previously, when the NY AG accused dealers of deceptive ad practices in the past. Alleged breaches include: Confusing footnoting Parameters around down payments, such as percentage, repayment timeline, etc. Inaccurate use of the phrase “no money down” n n n Ramey Motors Inc. has agreed to an $80,000 civil penalty, for violating terms of a Federal Trade Commission consent order. In 2012, the FTC directly prohibited the deal- ership from advertising untrue costs and conditions around buying or leasing cars — The Commission found this agreement to have been violated in 2014, resulting in the recent settlement. The southern West Virginia dealer- ship was one of five, nationwide, accused of running digital ads that promised to pay off a consumer's trade-in, regardless of what that con- sumer owed on the vehicle. In cases

loan application fraud, to odometer fraud, and beyond — those dealer- ships were penalized more than $2.6 million in total, as a result. Both the FTC and the New York Attorney General’s Office are contin- uing their investigations of dealer- ship ad policies. If you have an agreement with a regulatory body which states that you’ll adhere to certain advertising practices, it’s important that you stick to them. To keep compliant, dealers should care- fully review all print and digital media advertising with their ad agencies and legal counsel.

This action dovetails with the Commission’s Operation Ruse

Control , a cross-border investigation from earlier this year, which targeted six dealerships for violations that ranged from deceptive ads, to auto

Metro Dealerships Contacted by AG

These bullets echo much of what the FTC recently provided for the September 15th F&I and Showroom eNews piece about the 7 Deadly Sins of Dealer Advertising — that article itself is an informative resource of dos and don’ts, for dealers. Dealerships have been given a deadline of September 30th, 2015, to respond to the AG’s claims. GNYADA suggests dealers review their advertising practices with their advertising agencies — if your deal- ership receives any communications from an enforcement agency, immedi- ately contact your dealership attorney, to officially respond to the inquiry. The Advertising Guidelines can be found here: http://www.ag.ny.gov/ sites/default/files/pdfs/ publications/AdGuidelines ForDealers.pdf

Exaggerated promises about customer credit considerations Maintenance responsibility for lessees Nebulous cash-rebate offers

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

The Newsletter • September 2015 3

EEO-1 Reports Due September 30 Dealers with 100+ employees must file

If you have 100 or more employees, you must file an annual Employer Information Report (EEO-1) with the Equal Employment Opportunity Commission (EEOC) no later than September 30, 2015. Federal law requires employers to complete this report, categorizing employee infor- mation by race/ethnicity, gender and job category. The data gathered from this report is primarily used to target hiring prac- tices that may discriminate against minorities. It may also be used by the

EEOC, or other local agencies, to enforce federal antidiscrimination laws. How to File Dealers should file their report online using the EEOC’s web-based filing system. If you filed one last year, you should have received notification from the EEOC containing your 2015 password and login ID to access your dealership’s database. Once you complete your dealership’s employment information, you must certify the report.

Dealers should save a copy of the report for their records.

Detailed instructions, FAQs and the report itself can be found at: http://www.eeoc.gov/employers/eeo1 survey /

Association Dealerships Generate $39.6 Billion in Economic Impact, Support 65,000 Jobs

GNYADA members pumped $39.6 billion into the area economy last year and support one of the largest workforce sectors in the region — this according to the recently released 2015 GNYADA Economic Impact Report . The total includes the sale of over 550,000 new cars worth $33 billion. Dealership operations are responsible for $3.6 billion earned by area resi- dents, and $2.1 billion paid in payroll and real estate taxes. The figure also includes $480 million in capital improvements and $444 million spent on television, print and online advertising. “Our area’s auto dealers are an enor- mously important part of the local and state economy because of the revenue they generate and the jobs they produce,” said Association President Mark Schienberg. “Directly and indirectly, greater New York’s franchised auto dealers provide more

than 65,000 jobs to area residents, and are a key part of the region’s economic growth and development.” “An average dealership employs 90 people. Dealers also purchase more advertising than any other sector, providing a lifeline to many local broadcast, print and online media companies,” said Schienberg. You'll be receiving a copy of the report at your dealership shortly, if you haven't already. In it, you'll find deep analyses of the great fiscal effects that your dealership and others like it are having on the local economy. Also included are reviews of direct and indirect employment, personal income, tax collections generated by area dealers, and a breakdown of dealership financial statistics and operations. The Association thanks all dealers who completed the surveys that contributed to the gathering of this data.

ECONOMIC IMPACT OF FRANCHISED NEW CAR DEALERS in the New York Metropolitan Area

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

The Newsletter • September 2015

Keep Your Dealership out of the AG's Crosshairs Check out our attorneys' aftermarket-product do's and don'ts

The New York Attorney General’s recent actions against dealers who sold consumers the credit repair serv- ice Credit Forget It indicates that lawmakers intend to investigate all aftermarket products and practices. To help our members stay compliant, we spoke with a few automotive law specialists to compile some aftermar- ket-product ground rules for your dealership. Make a Menu “More and more dealers are creating menus that list all aftermarket prod- ucts they sell,” says Stevan H. LaBonte of LaBonte Law Group. Such a list shows you’re being con- sistent in how you present your after- market offerings, which goes a long way toward discrediting any claims about deceptive trade practices. Never “Payment Pack” Do not add unrequested products to a deal, thereby increasing the cost of the transaction. Shawn Mercer of Bass Sox Mercer stresses that sliding in extra after-market products in this way, without clearly identifying them to the consumer, is an unethical move to be avoided. Charge What the Product is Worth Make sure the prices of your F&I products are set at a competitive level. William M. Pollak from Putney, Twombly, Hall & Hirson also recommends, “Do some due dili- gence to make sure the product per- forms as advertised and is compliant with applicable federal, state and local regulations.” Explain Packaged Products Many dealers offer sales packages that lump aftermarket products, such as tire or road hazard contracts, into one sum. If you’re selling such a package to a customer, be very clear

Don’t hide the price of the add-ons, within the price of the vehicle,” says Pollak. Individually itemizing all aftermarket charges on the final bill of sale gives customers full knowl- edge of what they’re purchasing. Be “In the Know” Stay on top of federal, state and local restrictions on the sale of F&I prod- ucts and services, by consulting with your in-house attorney or a knowl- edgeable dealer lawyer. “Dealer associations, including GNYADA, NADA, etc. are also tremendous resources,” says Mercer. Transparency is Key One disgruntled customer has the potential to cause problems, whether it’s complaining to regulatory author- ities or just negative word-of-mouth. It doesn’t always matter if all the right pages have been initialed; the goal is to prevent a buyer from claiming certain charges were hid- den. GNYADA thanks Stevan H. LaBonte, Esq. from LaBonte Law Group, William M. Pollak from Putney, Twombly, Hall & Hirson and Shawn D. Mercer from Bass Sox Mercer for contributing to this article. The Association will be holding an AFIP certification course, for sellers of F&I products. The class and exam will take place in March of 2016. Stay tuned for details.

about what it includes, LaBonte says. The cost breakdown may be findable deep in the paperwork, but don’t force customers to dig, particularly if the final sale amount is higher than they expect. Be Wary of Anti-Theft Plans VIN-Etch plans that offer discounts on replacements for stolen vehicles are also scrutinized. Dealers are required to offer customers a dis- count up to either the cost of the pol- icy or the dealer’s profit on the replacement (whichever is greater). “If the cost of the policy is not sub- stantially less than the discount amount the customer can receive, the AG may find the policy deceptive,” says LaBonte. For example, if the customer can only get a $2,500 dis- count, and the dealer is charging $2,000 for the policy, then its bene- fits are suspect. Know the Customer Every customer has specific needs. Conversation is the best way to determine whether the consumer needs a given aftermarket product or service. Put it on the Bill “Clearly disclose the base price of the car, and separately show the spe- cific cost of each optional add-on.

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

The Newsletter • September 2015 5

New OSHA HazCom Compliance Regulations for Labeling and Storing Chemicals

Effective June, 2016, OSHA has adopted new standards for chemical container labeling and Safety Data Sheets (SDSs), for all companies that store or use chemicals in the work- place. The new SDS format has replaced older formats found in "Material Safety Data Sheets" (MSDSs). In order to maintain Hazard Communication (HazCom) compli- ance, dealers are required to hold on to the old MSDSs — even if they are in the “old” format — and know where to find them. MSDSs will need to be kept separately for 30 years as workplace exposure records, even though they are being superseded by the new standard. As of 2015, the Affordable Care Act (ACA) requires employers with 50 or more fulltime employees (including fulltime equivalent employees ) to submit informational reporting about their employee healthcare coverage to the IRS. A large employer status is determined on an annual basis and lumps all employees, across all busi- nesses you may own, within one con- trolled group. Reporting for 2015 will be submitted in 2016. If you’re a large employer, the ACA requires the following: Form 1095-C must be given to each fulltime employee by January 29, 2016. Transmittal Form 1094-C must be reported to the IRS by February n n Keeping them on hand will ultimately save time, money and aggravation, in 8

addition to simply being a good prac- tice. Current SDSs must be kept in a location accessible to employees. The new forms will display all neces- sary chemical information with cate- gories in a standardized order. Employees will be able to quickly refer to first-aid measures, disposal instructions, toxicological informa- tion, and more. While the old forms were rarely consistent with each other, the new ones are much more uniform, in order to sync up from manufacturer to manufacturer, in all countries. Since chemical container labeling is also affected by the new standards, all incoming shipments must be checked for proper labeling and the correct SDSs. OSHA requires HazCom training on all of these changes, with full compliance for all standards by June, 2016. 29, 2016, or March 31, 2016, if filed electronically; if you have 250 or more fulltime employees, you are required to file electroni- cally. If your dealership does not qualify as a large employer during 2015, you are not required to file the above forms. Penalties Incomplete, incorrect or accidentally failed reporting may result in penal- ties, and those penalties are increas- ing from $100 to $250 per return . Moreover, the government’s yearly cap on total penalties per employer is increasing from $1.5 million to $3 million. Intentional disregard of the filing requirement may result in a

If you have any questions or would like to schedule training at your facility, call Walden Associates at 516.624.7200.

We are the Right-to-Know, OSHA and Environmental Compliance Experts!

Our Annual OSHA Seminar is scheduled for January 13, 2016, 8:30am-10:30am, at the Center for Automotive Education & Training . We recommend service managers attend the program, to learn the latest on safety, labeling and hazard issues, and more.

Affordable Care Act: Required Reporting

penalty of $500 per return, and the cap on total penalties will not apply.

The reporting procedure is arguably both complicated and confusing. We recommend contacting your advisors (attorney, accountant) who may be able to assist you with the new requirements. In addition, payroll companies and third party administra- tors are also resources to consider reaching out to. If you haven’t started compiling the information for these filings, it's best to mobilize as soon as possible, in order to avoid any potential penalties.

Contact Michael W. Conway for more: 718.746.8100, mconway@gnyada.com

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

The Newsletter • September 2015

Dealer Assisted Financing Is Complicated. Explaining It Doesn't Have to Be.

on a combination of luck and good- will to get you out of there unscathed. As the saying goes, hope is not a strategy. Prep Strategy & Talking Points People can spend decades honing the craft of being a strong interviewee. Even just being "good" at being interviewed takes ample practice. When starting out, the best way to ensure success is to remember that your job is not to answer a cornering question; your job is to respond to the topic. Let the question serve only as a cue for you to say what you want to say. And the good news is that, with regard to dealer assisted financing, there are some pretty compelling things to say. Thanks to dealer discretion, auto dealers get to be in the business of discounting rates for consumers, which saves consumers money. And it happens all the time. (Chances are, you've done it yourself fairly recent- ly; don't be afraid to say so!). Second, consumers have a number of

Consumers, consumers, consumers.

basic rights. They have the right to seek out better deals. They have the right to negotiate. And they have the right to choose the loan that's best for them. Washington should not be in the business of denying consumers these rights. Third, dealer assisted financing is a pro-consumer system that gives con- sumers access to a wide variety of lenders, when they finance. Dealers help provide consumers with better access to this incredibly competitive market, which is one of the reasons why upwards of 80 percent of con- sumers who finance the purchase of a new vehicle choose financing through a dealership. This debate isn't about dealers. It's about consumers, and what's at stake for them. Saying so early, consistent- ly and repeatedly is the best way to turn an interview invitation into a positive media opportunity. Thanks to Jared Allen, Senior Director of Media Relations for NADA, for his contributions to this article.

If you remember nothing else about dealer assisted financing, remember that. In the coming weeks and months, many of you will be presented with opportunities to discuss dealer assist- ed financing with reporters. And you might be understandably leery of doing so; it's a complex topic that few within the industry — let alone the media — understand well enough to explain in a way that resonates positively. But remember, media interviews aren't a test of your policy knowl- edge. (Unless you invite them to be.) They're a test of your message and your ability to stick to it. Successful media interviews require preparation and discipline. Plan what you want to say ahead of time, and know and remember how to reiterate it throughout the interview. The ulti- mate goal is to control the process from start to finish. If you let the interviewer control it, you're banking

Save the Date

October 15 or October 21, 2015

2015 Annual Labor Law Seminar 9:30am-12:30pm • Center for Automotive Education & Training This Labor Law Seminar offers a comprehensive review of regulatory developments, an in-depth analysis of emerging employment issues, and best practices to maximize compliance with multiple labor laws to help reduce your legal risk.

ERP Members: First person free, $49 each additional. Non-member fee, $150. To register email phyllisa@gnyada.com.

Attendance at this seminar is mandatory to qualify for reimbursement of legal fees.

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

The Newsletter • September 2015 7

Ashley Madison: The Takeaway for All Employers

Last month’s massive hack of the infidelity-fueled “dating” site, AshleyMadison.com, compromised the identities, contact info and credit cards of roughly 37 million users. (Not to mention revealing a delicate wealth of personal data, such as likes, dislikes and much, much more.) A number of the outed individuals apparently used their work computers to set up Ashley accounts, raising questions about how businesses should handle those employees. Even if no one from your team was exposed in the hack, you should use this opportunity to remind your employees about your dealership’s policy on the proper use of company e-mail and internet. Remind them that they should not be using dealership computers and devices for personal reasons, and if they do, there is no expectation of privacy on any Social media is an extremely enticing platform for both free advertising and fun photos that give your dealer- ship a lively edge. Many manufactur- ers, in fact, encourage dealers to use social media to drive sales. But if this is part of your digital marketing strategy, you have to be careful about what those photos include. Not only is digital media here to stay, but its many forms become more abundant by the second — particu- larly “selfies,” where photographer and subject are one in the same. With the proliferation of these images, so increases a business owner’s oppor- tunity to profit off their use.

employer-owned systems or hardware.

mine whether your employees are committing adultery or are inclined to do so. New York State protects workers against termination for lawful activi- ties pursued outside of work. While someone caught up in the Ashley Madison affair may be an easy target for disciplinary action, doing so runs afoul of New York’s Legal Activities Law. While adultery remains a crime in New York, it is not a crime to visit a website promoting adultery. Employers should focus upon the inappropriate use of work time or of employer technology, rather than the nature of this particular website. Make sure your policy on electronic media use is up to date, and make sure your employees know the rules. refrain from posting images of cus- tomers, staff and other individuals to your social media accounts. But if you do shoot or stumble across that perfect picture of a beaming cus- tomer giving an enthusiastic thumbs- up in front of the new ride they just bought from you, be sure to obtain written consent before using it. (A sample release form can be found on our website for your reference and use.) GNYADA’s upcoming Labor Law Seminars, taking place on October 15th and 21st, will touch specifically on this issue. To learn more, contact Sue Bieber at susan@gnyada.com or 718.746.5900.

Investigation or Action? The deeper question is, what is the proper employer response when it comes to violations that combine pro- fessional lapses and moral factors? If one of your employees’ names appears in the list of Ashley Madison subscribers, should that employee be dismissed? As James McGrath, labor counsel for the Association, notes, employers who peruse the Ashley Madison list for employee names are entering shaky territory by investigating. Comparing the “client list” against your company roster is both unneces- sary and unwise. Not only might you discover extremely personal informa- tion, like sexual orientation and more, but you have no obligation to deter- Whenever you post photographs of individuals (customers or employees) for advertising purposes, you must obtain a release from them. Without a release, you could be sued for improper usage of the image, under Sections 50 and 51 of the New York Civil Rights Law. Before you balk at the notion that staff should have to sign a release, too, consider that they may not remain staff forever. A bitter ex- employee can cause an even bigger stir than a complaining customer.

Customer “Selfies” Need a Consent Form 11

To avoid this potential headache alto- gether, it’s probably a good idea to

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

The Newsletter • September 2015

Is Your Used Car Dept NYC Compliant?

Some key highlights: Posting the combined license and complaint sign provided by DCA is mandatory. You must include your second- hand auto dealer license number on all printed materials given to customers; business cards, flyers, receipts, etc. If you have new and used cars in the same display area, each must be clearly labeled as such, and a visible showroom sign stating that you sell both new and preowned vehicles is also required. n n n

Refund policies must be clearly posted in whatever space the transactions take place.

If you're a NYC dealer, it’s important to be aware of the NYC Department of Consumer Affairs’ Inspection Checklist for Secondhand Auto Dealers. This is the list that DCA inspectors use, in determining whether your store deserves an audit, so keeping it close by for reference could save you from some hefty fines: www1.nyc.gov/ html/dca/downloads/pdf/Secondhand AutoDealer_140513a.pdf The checklist reflects 19 require- ments, separated into Licenses, Signage, Record Keeping and Bill of Sale categories. n

The checklist contains many more obligations that dealers must comply with. By equipping yourself and your staff with its contents, you’re proac- tively staying one step ahead of the inspectors.

Meet Our New Additions

Len Telvi

Ruby Azhar

Diane Teepe

Jamie Gerardi

As part of our goal to provide mem- bers with strong support and advoca- cy, the GNYADA team has grown rapidly over the past few months. We’re pleased to announce four new additions to our staff: Jamie Gerardi has joined as Director of Editorial Communications. Gerardi comes to the Association from Weight Watchers International, where he served as Senior Editor of the Weight Watchers magazine and website.

Gerardi will work closely with GNYADA staff to sculpt the tone and themes of our increasing print and digital communications. Len Telvi has joined the Association's Field Operations team. Telvi has extensive experience working with dealers in the area of retail financing — in fact, he has existing relation- ships with many of our members. Dealers in Bronx, Dutchess, Orange, Rockland, Sullivan and Westchester

counties can expect to see Len over the next few months.

Ruby Azhar has joined the staff as Executive Assistant. Azhar is a gradu- ate of Rutgers University, where she earned a 4.0 GPA. Diane Teepe has joined the Dealer Services Team as Administrative Assistant. She comes to GNYADA from Douglas Elliman Property Management.

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

The Newsletter • September 2015 9

Refunding Registration Overcharges

If your dealership offers to obtain registrations and titles for buyers, you can either calculate actual charges or attempt an approximation of the total amount due. According to New York State law, if a registration overcharge is based on an estimate, the dealer must refund any overcharge within 60 days of securing the registration and title. In addition, if your dealership esti-

mates this fee, you must include the following wording in the sales con- tract, lease or a separate document initialed by the customer: “The amount indicated on this sales contract or lease agreement for registration and title fees is an estimate. In some instances, it may exceed the actual fee due the Commissioner of Motor Vehicles. The dealer will automatically, and

within sixty days of securing such registration and title, refund any amount overpaid for such fees.” GNYADA suggests checking your contracts and lease agreements for this disclosure statement. GNYADA further urges dealers to have a proce- dure in place to ensure overpayments are refunded within the 60 days.

OMS Plate Registrations Expire This Month

82, sign it and attach a copy of the OMS registration and the FH-1.

effective date of 10/01/2015 and expi- ration date of 09/30/2016. It’s best to contact your insurance provider as soon as possible for your FH-1’s, as they’ll likely be very busy providing these for everyone with OMS regis- trations. If you have your renewal notice, sim- ply sign it and attach it to the FH-1 before submitting it for renewal. If you didn’t receive a renewal notice, all you need to do is complete a MV- Manufacturers in many cases have strong-armed dealers into excessive facility requirements in addition to various "incentives" to create high customer satisfaction. Those invest- ments are intended to create cus- tomers for life. Painter's model is flawed if he needs to access dealer data to determine who his customer is. His company's service is a digital version of a print ad. What newspaper would claim that the dealer's customer belongs to the

If you lease or rent OMS vehicles at your dealership (essentially, vehicles for hire, without a driver), it’s impor- tant to be aware that all OMS regis- trations expire on September 30th . It doesn’t matter when you first regis- tered the vehicle — they all expire annually, on this date. Unlike regular registrations, you must submit a FH-1 (insurance ID card) for each vehicle, with your renewal request. The FH-1 must have an

Since we’re already in September, we recommend you submit the renewals as a “Same Day Rush”, so your regis- tration doesn’t expire before you get your new registration. (This is also a good time to make sure that the vehi- cle inspection isn’t expired.)

For further information, please contact DMV-DIRECT at 718.747.0400

Painter's Business Model is Flawed

newspaper for billing purposes? Scott is not solely at fault here; deal- ers must reconsider a business model that permits access to their customer data. At some point, TrueCar's business model will attempt to convert dealers' customers into TrueCar's customers without the tremendous investments that dealers have made in facilities, personnel and capital to create a favorable experience in the purchase and service of vehicles.

The following opinion piece, written by GNYADA accounting consultant Steven J. Rosenblatt, was featured in the August 3rd issue of Automotive News.

To the Editor:

TrueCar CEO Scott Painter's letter to the editor is misleading ("TrueCar does not misuse dealer data," July 20).

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

The Newsletter • September 2015

Downstate Dealers Step-Up CPR Training Donations

and help save the lives of countless area residents.”

The donation is part of the National Automobile Dealers Association’s community outreach program; NADA’s program is administered locally by GNYADA. Since 1975, dealers nationwide have donated thousands of manikins worth more than $4 million, on which more than two million people have been trained. “This is another example of new car dealers devoting their time and money to the development of projects that enrich the lives of people in their communities,” said Vail. “Across the metro area, tens of thousands of citi- zens have been taught how to per- form CPR on training units donated by new car dealers because of this program. CPR training units help save lives and give comfort and secu- rity to those trained.”

In the first six months of 2015, GNYADA members donated 22 CPR training manikins — worth over $100,000 — to local ambulance and fire departments. This summer, dona- tions were made by Mullen Motors, Mercedes Benz of Rockville Centre and GNYADA to the Southold Fire Department, Oceanside Fire

Department and College Point Ambulance Corps, respectively.

“It is a great honor to present these state-of-the-art CPR units to local volunteer ambulance and fire depart- ments across greater New York,” said GNYADA Chairman Robert Vail. “They will go to train first responders

Membership Update Reminder

To serve our members better, we encourage dealers to make sure their GNYADA membership info is up to date. The Association is continually staying on top of issues that affect dealerships and directly impact your bottom line. And your official mem- bership allows us to maintain our strong presence in Albany and Washington. (A dues notice will be in the mail shortly.) Current Data To get the most out of your member- ship and to help us assist you as quickly and efficiently as possible, it is important that we have the most

current contact information for your key staff members, so we can keep them informed about important issues as well as upcoming courses and seminars that can benefit them. Please complete the attached form or download the electronic version from our website www.gnyada.com/deal- ers/member/overview , and email it to Jennifer at Jennifer@gnyada.com or fax her at 718.508.4772. Jennifer can also be reached at 718.746.5900, ext. 235, if you have any questions about your member- ship or if you would like to renew over the phone by credit card.

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

The Newsletter • September 2015 11

EMPLOYMENT CORNER GNYADA’s Employment Corner is a free recruiting and job placement service that lists qualified candidates for positions at dealerships. If you have a position to fill, call 718.640.2012 .

Welcome New Members We’d proudly like to welcome some of the newest members to the GNYADA family:

POSITION

RESIDES IN

FILE #

OFFICE

New Dealers:

BDC / Customer Service

Brooklyn

150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175

East Elmhurst Forest Hills Brooklyn (3)

Acura of Wappingers Falls Advantage Honda Rockaway Chrysler Dodge Jeep RAM Rockaway Nissan

Biller

Bookkeeper

Dix Hills Manhattan

Rockaway Park

Whitestone Dumont, NJ

Allied Members:

Controller

Morristown, NJ

Crystal Fusion Technologies Strong Automotive Merchandising Citrin Cooperman & Company Merchant Lynx Services Rosenfield & Company Univision Communications Williams & Stazzone Insurance Agency LoJack Corporation Major Change in National Labor Law The National Labor Relations Board (NLRB) redefined the term “joint-employer” last month. The upshot for dealers is that most are now consid- ered joint-employers with their manufacturers. In light of this, NADA Regulatory Affairs put together an in-depth FAQ, which you’ll find attached, explaining how this affects dealers and also the proper next steps.

IT Specialist

Hauppauge

Office Manager

Flushing

SALES

General Sales Manager General/Sales Manager

Manorville

Seaford

Sales

Cambria Heights East Elmhurst Jackson Heights Manhattan (2)

Woodside Glen Cove

Sales Manager

SERVICE

Parts Manager

Syosset

Westbury

Service Cashier Service Manager

Massapequa

Cambria Heights

Service Technician, Entry Level Jamaica

Spring Gardens

Contact Us: 18-10 Whitestone Expressway l Whitestone, NY, 11357 Dealer Hotline: 800.245.4640 l Headquarters: 718.746.5900 email: assistance@gnyada.com DMV-DIRECT: 718.747.0400 GNYADA Insurance Brokerage, LLC: 718.746.8100 New York International Automobile Show: 718.746.5300 Center for Automotive Education & Training: 718.640.2000

The information contained in this newsletter may not be relied upon for the avoidance of tax penalties. Readers are urged to discuss any issues raised in this newsletter with their legal and tax professionals. Printed on FSC certified material. All original material except where noted. © GNYADA 2015