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www.IllinoisDealers.com
Join our mailing list!
Do you know of other member dealership employees who should be receiving the IADA Electronic Bulletins? Let us know! Send an email to Meghan Sander (msander@illinoisdealers.com), Director of Communication, with the contact information of people who should be on our distribution list.
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2017 IADA OFFICERS
Chairman
Jack Schmitt
Jack Schmitt Chevrolet
O'Fallon
Vice Chairman
Dan Roesch
Roesch Auto Group
Elmhurst
Treasurer
Pat Manning
Brad Manning Ford
Dekalb
Secretary
Mike Ettleson
Ettleson Cad-Bu-GMC, Inc.
Hodgkins
President
Peter Sander
IADA
Springfield
IADA Staff Contacts:
Ph# 1-800-252-8944
Pete Sander
President
Ext. 103
psander@illinoisdealers.com
Larry Doll
Legal
Ext. 105
ldoll@illinoisdealers.com
Mark Harting
Administrative Services
Ext. 110
mharting@illinoisdealers.com
Mike Healey
Member Services
Ext. 107
mhealey@illinoisdealers.com
Joe McMahon
Legislative
Ext. 113
jmcmahon@illinoisdealers.com
Meghan Sander
Member Communications
Ext. 109
msander@illinoisdealers.com
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Your IADA Partner
Moving Vehicle Registration into the future
August 10th
Erik Nachbahr
New Spear Phishing Threats and Tips to Reduce the Risk of an Attack at Your Dealership (12 pm CST)
Register here!
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August 3, 2017 Volume 2017, Issue 10
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CVR Orders for Dealers Affected by Automobile Mechanics Union Local 701 Strike
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Chicago-area dealers affected by the Automobile Mechanics strike may be unable to take delivery of CVR orders during the strike. UPS is the contractual common carrier for CVR license plate and sticker deliveries and most UPS drivers will not cross the mechanics' picket lines. Typically, UPS will hold undelivered orders at its distribution facility for up to 5 days or less. If you have placed an order for license plates or stickers that has not been delivered to your dealership, you will need to:
- Call Teresa at IADA (217) 753-0220 to get your UPS tracking number;
- Call UPS at (800) 742-5877 to track your order and determine the UPS distribution facility you can go to and pick up your order. It is important to pick up undelivered orders from the distribution facility as soon as possible so that UPS does not return the orders to IADA.
If your dealership is impacted by the strike and you do not have an immediate need for new inventory, IADA advises you to consider delaying your next order until after the strike, if possible. |
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IADA Joins Support for Flood Damage Relief
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IADA Chairman Jack Schmitt is pleased to announce that IADA has joined efforts underway to assist Illinois dealership employees who have been impacted by the recent storms and flooding issues in northern Illinois.
IADA is contributing $20,000 to the NADA Foundation Emergency Relief Fund along with matching funds from NADA. CATA is also providing relief to impacted employees. Employees need to apply for a grant from the NADA Foundation Emergency Fund, information below:
Get the NADA application here.
Established in 1992, the Fund has donated almost $5 million to more than 8,700 dealership employees in need. The IADA Board last year directed $10,000 to the fund to assist dealership flood victims in Louisiana.
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CFPB Issued Final Rule - House Starts Action to Ban Rule
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Earlier in July the Consumer Financial Protection Bureau (CFPB) issued its final regulation banning class action waivers contained in arbitration agreements accompanying the sale of consumer financial products and services, including motor vehicle retail installment sales and leases.
While not outright banning the use of arbitration agreements, the rule prohibits the inclusion of language that would prevent consumers from suing as a group, commonly known as class action lawsuits.
Over the past three years, more than 30 state and metro dealer associations (including IADA) have played an active role in monitoring and officially commenting on the regulation. The group filed formal comments almost one year ago when the rule was officially proposed.
In those comments, the associations explained the benefits of arbitration for consumers and dealers, the lack of the CFPB's ability to prove that the rule would be "in the public interest and for the protection of consumers" as required by the law, the impact of the ban on the availability of affordable credit, and that the CFPB does not have the legal authority to impose the ban on loans or leases for motor vehicles purchased or leased from franchised motor vehicle dealers.
In 2010, NADA and state dealer associations worked successfully to amend the Dodd-Frank Act to prohibit the CFPB from regulating new car dealers, and that amendment accompanied by the associations' comments mentioned above worked to lessen the impact of the rule on new car dealers. The exemption does not extend to independent or Buy Here/Pay Here dealers who do not have service departments and/or regularly assign loans.
When the final rule was issued, the CFPD did listen to a portion of the group's comments and changed the rule to provide a carve-out to the disclosure language as the group suggested.
In its comments about the final rule, the agency said dealers do not need to put a disclosure preserving class action rights in their arbitration agreements. However, financial institutions that are subject to CFPB authority must provide a specific disclosure essentially telling consumers they will not be prohibited from participating in class action lawsuits.
So, while the CFPB recognizes that dealers are excluded from the agency's ban on class action waivers, it also means that RISCs and leases can contain carve-out language that specifically excludes dealers from direct class actions by consumers.
However, the rule did not solve the most severe problem the groups noted to the CFPB: it does not account for the indirect liability that dealers face as a result of master agreements they sign with finance and lease sources potentially making the dealers liable to indemnify them for the class actions that consumers bring against them.
This past week, the House of Representatives passed a joint resolution of disapproval under the Congressional Rule Act to block the Consumer Financial Protection Bureau (CFPB)'s new rule banning mandatory arbitration clauses in finance contracts.
The Republican-controlled House approved the resolution by a 231 to 190 vote. The House Resolution now heads to the Senate, where Republicans hold a slim 52 to 48 majority. Under CRA, the resolution must pass both houses by a simple majority and receive the president's signature to repeal the rule. |
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Employment Eligibility Verification Form I-9 Revised
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The U.S. Citizenship and Immigration Services (USCIS) has just revised its Employment Eligibility Verification Form I-9 again. Although employers are permitted to use the November 2016 version of the form until September 18th, IADA urges you to transition to the new Form I-9 as soon as practicable so you do not become subject to fines after the changeover date. The revised Form I-9 can be found here. To make sure that you are using the latest version of Form I-9, look for this notation in the bottom left corner of the form: Form I-9 07/17/17 N.
All employers are required to complete a Form I-9 for each employee hired in the United States. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
Additional Information about Form I-9 can be found on USCIS's website. Click here for I-9 Employment Eligibility Verification.
If you have any questions about this article, please contact IADA Legal at (217) 753-0220 or ldoll@illinoisdealers.com. |
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2018 Time Quality Dealer of the Year Award
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IADA is looking for nominations for the 2018 Time Quality Dealer of the Year Award.
To be considered for selection, a nominee must:
- Be a franchised new-car/truck dealer;
- Be a member of NADA;
- Be a member of a state dealer association;
- Be the operating head of the dealership as designated in the franchise paragraph of the factory agreement for a minimum of one year;
- Have a presence in the dealership offices during at least 60% of business hours;
- Have at least a five-year record of active participation in affairs of the nominee's state or local dealer association; and
- Agree to be available for participation in Dealer of the Year activities at NADA's 2018 Convention in Las Vegas.
Nominations can be submitted here, and need to be completed by Tuesday, August 15th. They will be reviewed, and dealers from Illinois will be chosen by IADA's Nominating Committee. Please provide as much detail as possible. Thank you for your involvement in recognizing a deserving Illinois dealer. |
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Bat Tax Appears Dead
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Congressional House Speaker Paul Ryan indicated recently that the proposal for a border adjustment tax has been withdrawn from consideration for the proposed federal tax reform legislation. The business community, including dealers and automakers, continued forceful opposition to this proposal. It was estimated it could increase the average price of a new car by $2,000. This proposed tax was to be the cornerstone of raising or replacing revenues for Congress to consider with future tax reform legislation. |
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