Recent - associationdatabase.com

O adaNews
NOVEMBER 08
a publication of the Ohio Automobile Dealers Association
Arbitration Agreements in Ohio- Recent Case Limits
Class Action Waivers
Most advocates of arbitration
agreements will tout the value of class action waivers as a prime reason for their use
in automobile dealerships. If a customer
can’t join in a class action for a perceived
wrong and must sue a dealership individually, there is less likelihood that the
individual will file suit. However, a recent
decision in an Ohio court has the potential
to limit the use of class action waivers in
our state. Utley vs. M.T. Automotive, announced by the Summit County Court of
Common Pleas, found that the use of class
action waivers in arbitration agreements
violate the Ohio Consumer Sales Practices
Act. Moreover, the Utley court found that
insisting that a consumer sign the arbitration form in order to purchase a vehicle
violated the CSPA because such action
deceives customers into believing they do
not have the right to join a class action.
contents
A summary of the facts surrounding the case are as follows. In 2006, Mr.
Utley, an attorney, and his wife went to the
dealership to purchase a new vehicle. The
couple negotiated the price of a 2007 Toyota Solara and began signing documents for
its purchase when they were presented with
an arbitration agreement entitled, “JURY
WAIVER AND AGREEMENT TO BINDING ARBITRATION”. Mr. Utley and his
wife refused to sign the document and were
told by the dealership representatives that
they could not sell the vehicle without the
arbitration agreement being signed. Ultimately, the Utleys left the dealership without purchasing the Toyota Solara. The next
day, the Utleys purchased a 2006 Toyota
Solara from a competitor without being
required to sign an arbitration agreement.
The used vehicle cost $2731 more than the
newer model offered by M.T. Automotive.
The Utleys then sued M.T. Automotive
alleging CSPA violations and requesting
damages as well as an injunction.
Key Areas of Review for Your Title
Work........................................................2
Import Canada & GAP Sales Tax
Clarifications Effective Sept............2
Saving Lives in Ohio..........................3
Deciphering ADA Amendments...3
Ad Review Corner...............................4
Safety In and Around the Dealership
Seminar..................................................4
Safety Concerns..................................5
The Bono Fide Error Defense ........5
Secrets of Highly Successful Private
Companies............................................6
NADA News..........................................7
OADA Convention.............................9
Safety Seminar Registration.........10
DIG Contribution Form...................11
DIG Contributors..............................12
Publisher: Tim Doran
Editor: Nikki Bragg
All Rights Reserved
The information provided in this newsletter is intended for general knowledge
purposes only and is not intended to be
the furnishing of legal or other professional
advice. If legal advice or other expert assistance is required, the services of appropriate
advisors should be sought.
After trial, the Court did not award
the Utleys damages for the difference in
price of the two vehicles, but did award
reasonable attorney fees. More damaging
to those dealers who use arbitration agreements, the Court issued a declaratory judgment that an automobile dealership’s act of
knowingly refusing to sell a consumer good
www.oada.com
unless the consumer agrees to waive his
rights to act as a private attorney general or
join in a class action violates the CSPA.
The Utley Court relied on a 2004
Ninth District Court of Appeals case, Eagle
v. Fred Martin Motor Co., in making its
decision. The Eagle decision provided a
step by step approach to determine whether
an arbitration agreement was enforceable
and found that even if the parties to the
agreement understood its terms, it could be
unenforceable as a matter of public policy.
According to Eagle, Where an arbitration
clause expressly limits a consumer’s right
to proceed through a class action, the consumer protection purposes of the CSPA
were hindered. Utley relied on this language in its decision and further found that
insisting on the execution of the arbitration
agreement as part of the sales transaction
violated the CSPA.
What does all of this mean to you?
This decision, while not binding on courts
outside the 9th District, could be a tool
used by attorneys statewide to persuade
their courts to limit the use of arbitration
agreements. Certainly, dealers in Summit
County and the other counties in the Ninth
District (Wayne, Medina, Lorain) need
to be aware that jury waiver provisions
in non-negotiable arbitration agreements
will make them a target for consumer
lawsuits which have the potential to result
in expensive litigation and treble damage
awards. The same is true if customers are
unable to negotiate terms or refuse to sign
the agreement. All dealers should review
their arbitration agreements and determine
if they are fair to both parties. <
november 2008
1
Avoid Costly Delays at the Title Office –
Key Areas of Review for Your Title Work
Article provided by Robert Posey, Dealer Services Liaison, John O’Grady, Franklin County Clerk of Courts.
Your sales rep has done his or her
job—the customer has purchased the vehicle,
and all that’s left is to finish up the paperwork
and transfer the title. Seems like that would be
the easy part, right? However, this critical step,
if not performed properly, can cause delays,
anguish, and even unwind the deal your sales
rep just successfully made.
•
♦♦
mileage is recorded in kilometers and
needs to be converted to miles
♦♦
Dealer permit numbers and or Leasing
permit numbers missing
Signatures and notary stamps are placed so
that other important information is covered
or obscured
♦♦
MCO issues
♦♦
The title or MCO is not the vehicle on the
application
In an effort to make certain all your
submitted title applications are processed, paid
for, and returned to you in a timely fashion,
review this checklist of the reasons that applications are most frequently sent back to you:
♦♦
Writing on the application is illegible
♦♦
Social Security and/or Employer Identification Number are missing—or there
are 2 owners but only one social security
number.
♦♦
♦♦
Out-of-State assigned titles, reassigned out
of state titles:
The fees submitted are not enough to pay
for the number of deals.
•
♦♦
You can eliminate this by joining our
Electronic Funds Transfer account
procedure. Please contact me if you
would like further details on the ETF
application.
Mileage errors:
•
•
•
•
mileage is recorded lower on title assignment or odometer statement than
on the front of the title
mileage is recorded with erasures or
changes
mileage is recorded as actual but the
previous title was branded “exceeds
mechanical limits” or “non-actual”
mileage is missing
•
•
•
•
•
•
•
The wrong seller is recorded on the
application
Many out-of-state titles are reassigned; please use the last seller on
the assignments as the seller on your
title application
The buyer has not signed on the actual
out-of-state title
The sale date is not recorded
The mileage area on the out-of-state
title is missing
The VIN on the title does not match
the application
The out-of-state inspection is more
than 30 days old or is missing
•
♦♦
Always include an application for title
with any manufacturer’s certificate of
origin, plus all supporting documents
such as odometer, power of attorney
or sworn statement.
Affidavits and replacements
•
•
If you are requesting a correction or
correcting something on your paperwork, the sworn notarized statement
must accompany the paper work
If you are requesting a replacement
title, always include a signed application and check the replacement box
on our application
The Franklin County Clerk’s office
is always willing to do what we can to help
ensure an easy title transaction. However, like
any legal document, the proper procedures must
be followed to the letter. A periodic review of
these procedures with your sales, F& I, and
titling staff can help ensure this process operates
smoothly for everyone.
Robert Posey may be reached at (614)
462-3090. <
Reminder: Important Canada & GAP Sales Tax
Clarifications Effective September 25
The legislature recently made two
dealer-related sales tax clarifications that will
be effective September 25, 2008:
Canadian Sales: OADA worked with
legislators to add Canada to the list of states/
jurisdictions whose residents will be exempt
from Ohio sales tax on motor vehicle purchases
made in Ohio because Canada does not give
credit for tax paid in other jurisdictions. This
change becomes effective beginning 9/25/08.
2
november 2008
OADA pursued this change in response to numerous requests from dealers whose Canadian
business has been impacted as a result of last
year’s non-resident sales tax changes.
GAP Product: Although GAP product sold in Ohio has been subject to sales tax
for years, from time to time there have been
questions regarding its taxability. In response,
the legislature clarified that GAP product sold
ohio automobile dealers association
in motor vehicle sales transactions is taxable,
similar to extended service contracts and other
products sold by dealers. Since dealers in Ohio
have been taxing GAP product for years, this
clarification – also effective 9/25/08 - should
have little impact on dealership operations.
Dealers may contact OADA with any
questions regarding these upcoming clarifications. <
Saving Lives in Ohio: ID R Kids and Next of Kin
Registration
By Mike Rankin, Esq., Registrar of the Ohio Bureau of Motor Vehicles (“BMV”)
When a child is missing or abducted, time is of the essence. To improve the
odds of a live recovery, getting that child’s
photo and abductor information out to other
police agencies and the public through the
news media is critical. Likewise, when we
or someone we are close with experiences
a life threatening accident, illness or other
medical emergency that lands them in the
hospital, getting prompt notification to that
person’s next of kin can save a life or simply
allow some precious time with a loved one
before they expire. To help improve how we
protect our children; and, notify next of kin
when a person is hospitalized with a critical
medical emergency, the Ohio Department
of Public Safety (ODPS) has taken the lead
through its BMV to make this happen.
Ohio’s ID R Kids initiative is a
recent statewide effort to encourage all
Ohio parents and guardians to bring their
minor children in to their local Ohio Deputy
Registrar to secure a state ID for them. The
process is simple: bring the child with birth
certificate and social security card to any
one of Ohio’s 214 Deputy Registrar License
agencies. A state ID is the only ID that puts
the child’s photo, name, address, date of
birth and next of kin contact information in
the BMV database so only police may immediately access this life saving information
if the child is missing; abducted or injured.
Parents or guardians can be quickly contacted and if necessary, the child’s photo sent
to police and news media outlets statewide or
tion from the registrant’s NOK. The end
result is NOK’s ability to save lives; reduce
police time spent trying to locate next of kin
and reduce medical malpractice claims.
“In an emergency situation, time is
critical to saving lives,” said ODPS Director
Henry Guzmán. “This is yet another way we
can all work together to be better prepared
to respond, or help the public respond, to an
emergency.”
BMV Registrar, Mike Rankin
nationwide if an Amber Alert is warranted.
The cost is $8.50.
Ohio’s new Next of Kin (NOK)
registry is a perfect compliment to ID R
Kids. In its first three weeks of operation,
NOK has seen more than 30,000 Ohioans
with an Ohio driver license or state ID, register their next of kin contact information.
People may sign up for it online at www.
ohio.bmv.gov. It allows all registrants to list
up to two trusted persons to be identified
in the BMV database as Next of Kin. Only
police can access the NOK information; it
costs nothing to register; takes maybe 3-4
minutes to sign up for; is protected information not subject to public records requests;
and, allows police to gain crucial informa-
The success of both ID R Kids
and NOK will depend on securing greater
participation by raising public awareness.
It may take a few years to get the majority
of Ohio’s 8.6 million persons holding an
Ohio driver’s license or state ID card to sign
up for this voluntary registry, however the
effort will be well worth it. Getting parents
or guardians to secure a state ID for their
children is already showing results with a
3 percent increase in state IDs being issued
to children in 2008 over 2007. Saving lives
and improving public safety are the fruits of
ID R Kids and the Next of Kin registry and
represent the overall mission of the Ohio
Department of Public Safety.
Mike Rankin is the Registrar in
charge of the Ohio Bureau of Motor Vehicles, a division of the Ohio Department
of Public Safety. He is a 29 year practicing
attorney; former asst. prosecuting attorney;
and, serves on the Board of Directors for the
American Assn. of Motor Vehicle Administrators. <
Deciphering the ADA Amendments
By James Kurek, Esq., Millisor & Nobil Co., L.P.A.
The ADA Amendments Act of 2008
(“ADAAA”) was signed into law by President Bush on September 25, 2008. The new
law, which will become effective January 1,
2009, was widely supported by Congress. As
stated in the “Purposes” section of the Act, a
primary purpose of the ADAAA is “to carry
out the objectives of the Americans with Disabilities Act of 1990 (“ADA”) of providing “a
clear and comprehensive national mandate for
the elimination of discrimination” and “clear,
strong, consistent, enforceable standards
addressing discrimination” by reinstating
a broad scope of protection to be available
under the ADA.
One purpose of the ADAAA was
to overturn two significant decisions by
the United States Supreme Court under the
ADA. The ADAAA rejects the standards
enunciated by the Supreme Court in Toyota
Motor Manufacturing, Kentucky, Inc. v.
Williams, 534 U.S. 184 (2002) where the
terms “substantially limits” and “major life
activities” as used in the ADA resulted in a
narrow interpretation of the types of impairments that would be protected under the
ADA. The ADAAA includes new sections
defining “major life activities,” “regarded
www.oada.com
as having such an impairment” and rules
of construction regarding the definition of
“disability.” For example, the ADAAA
specifically directs that the definition of a
disability should be construed in favor of
“broad coverage of individuals under the
Act.” Furthermore, an impairment that is
“episodic” or “in remission” is still a disability if it would “substantially limit a major
life activity when active.”
The ADAAA also rejects the Su-
ADA Amendments
continued on Page 11
november 2008
3
OADA’s Educational Seminar
Series Presents: Safety in and
Around the Dealership
All dealership personnel responsible for safety compliance are encouraged to attend.
Radio & TV
Disclosures &
1-800 Numbers
Although most advertising compliance issues involve print advertisements,
don’t forget that your radio and TV ads have
to comply with the same laws and regulations. The Ohio Consumer Sales Practices
Act and the federal Truth in Lending Act
as implemented through Reg. Z (sales) and
Reg. M (leases) govern your ads, no matter
what media you use. Here are a few tips for
ad compliance when advertising via either
radio or TV.
The radio equivalent of “mouse
type”, the newspaper print so small that
a magnifying glass is required, is “fast
talking”. Radio advertisements must be
composed for normal reading, rather than
speed-reading. The disclosures must be
audible and understandable. Leaving two
seconds in a sixty second spot for disclosure
of all credit or lease terms isn’t likely to allow consumers to hear and understand the
disclosure.
On television, disclosures must be
large enough and remain on the screen long
enough to be read by the average person.
Again, if disclosures are in mouse type and
cannot be read by the TV viewer, the advertisement does not clearly and conspicuously
disclose material terms.
Admittedly, it is probably one of
the least exciting topics we talk about, yet it
might be one of the most overlooked issues
that can significantly affect your bottom
line. All dealers know programs such as
“Right to Know”, PPE, flammable storage,
fire extinguishers, forklift training, respirator
training, just to name a few, are required by
law. It is also known that the most frequent
and generally severe injuries occur in the
back end of the store. These injuries inevitably affect a dealer’s workers’ compensation
costs, which can cost a dealership thousands
and even tens of thousands of dollars a year
in premiums.
Is your dealership familiar with
these new compliance developments:
• If you have a body shop, U.S. EPA has
enacted new hazardous air pollutant
standard for sources engaged in surface
coating of motor vehicles. Learn the
details regarding this new standard so
that you can be ready to meet the compliance deadline.
• OSHA’s new rule clarifying that employers must pay for employee’s PPE.
Is your dealership still struggling with:
• DOT - The Department of Transportation (DOT) requires training and certification for all employees who ship,
load, unload, receive, or even handle
hazardous materials. Non-compliance
has led to large fines.
• Is OSHA’s Respiratory Protection Program and its requirements still creating
compliance issues at your dealership.
For lease disclosures, a reference to
an 800 phone can be used to make a very
limited number of disclosures. However,
most disclosures required when a triggering term is used must be disclosed in the
Ad Review Corner
continued on Page 11
4
november 2008
ohio automobile dealers association
Get answers to such questions as:
• What programs are actually required
• How do you evaluate Personal Protective Equipment (PPE) requirements
• How to conduct safety training for employees
• Record retention requirements
• The elements of “Right to Know” and
Emergency Response
• Common OSHA violations
This program will be taught to give
participants the maximum opportunity to ask
questions. KPA, the acknowledged leader in
providing safety and environmental compliance services since 1986, currently works
with over 3,000 dealers across the country
and Ohio . Regulatory agencies place the full
burden of compliance on business. OADA
and KPA are offering this seminar to assist
and inform dealers of the applicable requirements and the importance of safety.
If you have additional questions,
please contact DeAnna Zahniser at (800)
686-9100 or (614) 766-9100, ext. 109.
This is a great opportunity to spend
the morning with experts in the field of
safety at the dealership. Be sure to take this
opportunity to learn and implement these
safety strategies.
See the OADA Educational Seminar Series enrollment form in this issue of
OADA news or register by logging onto
www.oada.com or by calling DeAnna Zahniser at (800) 686-9100. <
Eye Protection – Eternal Vigilance
Eye protection, it’s a topic that never seems to go away.
Every year “foreign bodies in the eye” and “corneal abrasions”
are two of the three most frequent injuries for OADA members.
Typically, dealership employees loudly proclaim their inability to
understand how eye injuries happen. Of course, all of them wear
their eye protection! In the past KPA engineers have brought video
cameras to dealerships. Upon meeting with the service manager
first thing in the morning, the two walk around the shop taking
unobtrusive video shots of the techs at work. At the safety meeting at noon, the technicians are then treated to a color video that
typically shows more than a third of them working with air impact
tools or dangerous chemicals without eye protection!
The point here is that eye injuries are not like being struck
by lightning. There is always a high probability of them happening
and the consequences are almost always serious. The message?
Eye and face protection require “eternal vigilance” on the part
of management! There is a lot of technical detail in the federal
regulations that apply to eye and face protection. Here is the part
that counts:
Each employer shall use appropriate eye and face protection when exposed to eye or face hazards from flying particles,
liquid chemicals, acids, or caustic liquids, chemical gases or
vapors, or potentially injurious light radiation.
Normally this means that people in the service department, body shop, and detail area should be wearing approved eye
protection when:
•
•
Operating a grinder.
Cutting keys in the parts department.
•
•
•
•
•
Sanding or buffing
vehicles.
Working under vehicles on lifts.
Welding - Welders should wear
welding helmets.
Using compressed aerosols.
Handling hazardous materials in bulk.
What is proper eye wear? Proper eyewear, according to
the federal regulations:
•
Provides side protection is there is a hazard from flying
objects.
•
Should be properly shaded where there is exposure to injurious light rays.
•
Where the employee wears corrective lenses, the proper
eyewear will consist of safety spectacles with the correction, goggles to fit over spectacles or protective goggles
with protective lenses mounted behind the protective lenses.
(emphasis added)
Eye damage to an employee, especially for lack of management involvement in the safety process, can be a sad, demoralizing, and very expensive experience. Again - the answer to eye
protection really is “eternal vigilance” by management.
For more information concerning safety in the dealership,
contact Tiffany Hammer or Nick Hardesty of KPA at (888) 6622663. <
The Bono Fide Error Defense – Is Your Dealership
Doing All It Can To Defend Consumer Complaints?
When we talk about the Ohio Consumer Sales Practices Act (CSPA) it is often
easy to walk away thinking that these statutes
and rules only protect consumer interests.
Clearly the law was written with consumer
protection in mind, however, Ohio’s law does
provide dealers and other suppliers a defense
that can significantly limit liability under certain
circumstances.
O.R.C. 1345.11 provides a “bono fide
error defense” when a supplier can show by a
preponderance of the evidence that it has established procedures reasonably adopted to avoid
the error and, notwithstanding those procedures
an error occurs.
So what is the benefit of establishing
a bono fide error defense? Well it can mean a
lot. Normally if a dealer is found to have violated an administrative rule or the suit is based
upon an act or practice previously determined
to be a court to be unfair, deceptive, or unconscionable, the consumer is entitled to one of
two remedies. The consumer may rescind the
transaction or receive three times the amount
of the actual economic damages, receive up to
$5,000 in non-economic damages, and pay the
consumer’s attorney fees.
prevent errors from occurring. This requires
establishing a policy and then training employees to follow the policy. Remember the key for
this defense is that we have identified ways to
avoid violating the law, and we have done our
best to ensure that the violation does not take
place, but it does anyway.
However, if a dealer can establish a
bono fide error defense the remedies are limited
to rescission or the consumer’s actual damages
and no attorney fees will be awarded.
Many times dealers fall short in
implementing procedures or if procedures are
implemented we do a poor job of ensuring that
the procedures are regularly followed.
By eliminating the trebled damages
and attorney fees, the dealership effectively
takes the consumer attorney out of the equation, thereby increasing the chances for a swift
equitable settlement.
For example, the CSPA requires that
dealers disclose a vehicle has been a rental
vehicle when the dealer has knowledge of this
prior use. Failure to make such a disclosure is
an unfair and deceptive act or practice. Let’s
say our dealership implements a system that is
So why don’t dealers always raise the
bono fide error defense in every case? To raise
a bono fide error defense the dealership must
maintain procedures reasonably designed to
www.oada.com
Bono Fide Error Defense
continued on Page 8
november 2008
5
Secrets of Highly Successful Private Companies
Mike Henning’s “All in the Family” Column
Recent surveys indicate the greatest
challenge for business owners today is competition. This out-scored regulations, taxes
and labor cost. In the same surveys, those
who indicated they have a written business
strategic plan totaled 31 percent. That leaves
69 percent not planning for the future of their
companies, but simply hoping against hope
that “a good plan would come together.”
and how it will do it. The combined answers
to many of these questions (see a sample of
questions at end of article) deal with strategies for the company in the future from an
operational and environmental viewpoint.
Once complete, the answers to these questions will lead the group directly to its vision
or mission for the company.
In a time of fierce competition and
an uncertain economy, business owners and
top management are searching for methods
to truly out-think and out-maneuver the
competition. Books are being written by the
dozens, but most seem to repeat what was
written in past decades. However, one book
is different. Good to Great by Jim Collins
has a few ideas from his extensive research
that make his book a must read.
Strategic thinking is the process
that seems to go on inside the mind of most
company owner/presidents as well as other
key people that help them determine the
“appearance” of the organization at some
point in the future. The composition of the
company may clearly be different than it is
today. This process reminded me of a painter
I watched do his paintings on stage in front
of a large audience as part of their entertainment that evening. This artist would begin
by painting 80 percent of a celebrity, then
continue to complete the person so all could
identify it. He wasn’t finished at this point
because he could go forward and make a few
small/large changes, and what was once Jerry
Lewis became Steve Martin or Liza Minelli.
It is this picture or profile that will determine
the direction, nature, and composition of
the business. Decisions that “fit” within the
parameters of this profile are implemented,
and decisions that do not “fit” the profile are
rejected.
Our experience indicates people
who are accustomed to planning in the past,
will continue to plan for the future of their
companies, and do it extremely well, consistently, in a timely fashion and follow-up with
implementation and accountability. We have
discovered the key to success is working to
create a plan with meaning for the planners,
their support people and employees. Clearly,
the secret is simple (not necessarily easy). It
is planning for the future of the business on a
consistent basis and creating a workable plan.
We know owners and management teams that
will allocate up to 2 percent of their working
hours for planning purposes. Indeed, this is
called “creating a culture of CHANGE.”
What Goes Into a Workable Plan?
Both strategic planning and strategic thinking go into a workable and usable
plan. Let me explain. Once the owner/
president selects the 6 to 8 people to make
up the planning/thinking team, a place for
the two-day meeting is chosen, and we ask
members of the team to answer sixteen questions in preparation for our sessions. These
questions prepare the team members to think
strategically, discuss the future of the company and evaluate the environment in which
it might operate.
Team members are prepared to
discuss the answers to these sixteen questions
of which the lion’s share deal with the future
direction of the company, how it will look 3,
5, or 7 years from now, what it will be doing
6
november 2008
Strategic Thinking
It is this operational planning and
the strategic planning that will lead the team
members to actually perform strategic thinking about the company’s future.
Creating a Culture of Planning/Implementing
Planning leads to change-which
leads to communication-which leads to
employee participation, implementation and
growth. For example, one company I worked
with several years ago initiated a planning
and thinking process about their company,
and how it might look 5 years down the road.
At that time this mattress manufacturer had a
plant in the Southwestern part of the country,
produced, marketed and profitably sold thousands of units. Today, some 6 years later, the
company is essentially out of the manufacturing business in the U.S. and has several plants
in other countries where the mattresses are
built and imported to the U.S. market. The
ohio automobile dealers association
original plant in the states now serves as an
assembly plant for certain bedding products
and a distribution center for accessories in
bedding and bath products. The picture of
the business has changed dramatically in just
five short years. Growth has been terrific
followed by higher margins.
The things that serve as physical
indicators for a company’s direction, strategy,
and eventual look might include: its product
catalog, the right people in the right positions
for the company, the markets it serves, its
competitors, customers, suppliers, its market
segments, research and development budget,
and facilities.
Most importantly, which products
do the company continue to offer and discontinue? To which customers do we offer these
products/services and which ones do we not
offer them to? Which market segments do
we seek and not seek? Which areas of the
world/country/region do we pursue or not
pursue? How many steps of distribution can
our market and industry afford?
The End Result
The end result of strategic planning must produce a very clear profile of the
products, customers, market segments, and
geographic areas that the strategy of the business lends itself to and will receive emphasis,
and those that will not receive emphasis in
the future.
Sample Questions
• What would be the ideal customer mix
for your company?
• What should your product/service mix
be in three years?
• Define your company’s “core competency” as specifically as possible.
• If I invested $1 million in your company,
what could I expect to be done with it?
• What major action needs to be taken to
increase revenues?
This article appeared in Mike Henning’s Family Firm Advisor newsletter, for
more information about receiving one free
copy of our newsletter, visit us at our web
site: www.mikehenning.com, e-mail: hfbc@
mikehenning.com. or call -- 217-342-3728.
Mike Henning is a nationally and internationally respected consultant and speaker on
family business issues. <
NADA
News
A Message from Ohio NADA Director, Chuck Eddy
NADA Working to Improve Auto-Financing Difficulties
America’s financial liquidity crisis, created by mortgage
lending, is constraining the availability of auto credit, which is the
lifeblood of both dealerships at the wholesale level and car buyers
at the retail level. Industry experts agree that the economics of auto
financing are sound and that vehicle financing did not cause the current
crisis. Nonetheless, banks and finance companies are reluctant to lend.
Consumers—even those with good credit—are finding it increasingly
difficult to get financing. To address the issue, NADA is moving
forward on several fronts.
First, NADA is meeting with the major associations
representing the banking and financial services industries to emphasize
the fundamental soundness of the existing auto-finance model and
to highlight the fact that it is, therefore, in the economic interests of
finance sources to continue making credit available for automotive
retailing.
In addition, NADA is supporting congressional efforts to
stabilize liquidity in the economy and provide government funding
that would make available $25 billion in loans for the auto industry.
Our message to the financial community and Congress is simple: Auto
financing is sound. We just need liquidity to do our jobs.
—Annette Sykora, NADA chairman
In other NADA news…
•
Jobs posted on NADA’s job board, Automotive Careers
Online, have accrued nearly 10,000 views and as many as 250 views
for a single job posting since the site was launched in March. “That’s a
solid return on investment for employers registered for the site,” says
John Lyboldt, NADA vice president of dealer operations. “More than
500 job seekers have registered for the site and many have applied
for dealership jobs.” Automotive Careers Online is a dedicated job
board exclusively for NADA members to post openings. Job posting
packages start at $200 for a 30-day listing, which is a fraction of the
cost of other commercial job boards and classified ads. Employers
set the skills criteria for openings. E-mail alerts notify an employer of
matching candidates once a resume is posted. The site is free for job
candidates, who can post resumes and search for dealership careers.
To sign up, visit www.AutomotiveCareersOnline.com.
•
NADA’s immediate customer follow-up and complaintresolution program, NADA-24, recently completed its five-millionth
interview. Launched in 2005, the program provides feedback to
dealers the day after a customer buys or services a vehicle, enabling
quick responses to customer problems and helping to build loyalty.
Customers are contacted and asked three questions to gauge their
level of satisfaction. Visit www.nada-24.com for more.
•
NADA has presented its Capitol Achievement Award to
Gary Williams, president of the Wisconsin Automobile and Truck
Dealers Association. The award, presented in conjunction with the
NADA Washington Conference in September, recognizes a dealer or
Automotive Trade Association Executive (ATAE) who goes above
and beyond the call of duty on Capitol Hill. Williams will retire this
year after more than 37 years of service.
•
NADA has recognized
20 dealerships that took part in
the NADA Energy Star Challenge
and cut electricity or natural-gas
consumption at their stores by
at least 10 percent since January
2007. Three dealers received
gold-level status by cutting their
energy use 30 percent or more:
George Haddad, Haddad Toyota,
Chuck Eddy,
Pittsfield, Mass.; Jim Hand, Hand
Ohio NADA Director
Motors, Manchester Center, Vt.;
and John Lambert, Lambert Auto
Sales, Claremont, N.H. (Hand and Lambert were also among the 13
winners of the 2008 Energy Star Small Business and Congregation
Awards—announced by EPA on Sept. 16.) In addition to the gold
level, NADA recognizes a silver level for dealers who cut energy 20
to 29 percent, and bronze, for those who cut energy 10 to 19 percent.
For more, visit www.nada.org/energystar.
•
Silver-level dealers: Bill Currie, Bill Currie Ford Lincoln
Mercury, Tampa, Fla.; Bill and Bob Weiss, Crest Chevrolet and Crest
Chrysler, North Conway, N.H.; Jeffrey Wall, George Wall Lincoln
Mercury, Shrewsbury, N.J.; Jim Fyles, Gil’s Jeep, Stratham, N.H.;
Dennis Roberts, Hillsboro Ford, Hillsboro, N.H.; David Lynch,
Lynch Chevrolet, Burlington, Wis.; and John McEleney, McEleney
Auto Center, Clinton, Iowa.
•
Bronze-level dealers: Dennis J. Gaudet, AutoServ Tilton,
Tilton, N.H.; Karl Wuesthoff, Concours Motors, Glendale, Wis.; Ed
Reilly, Ed Reilly Subaru, Concord, N.H.; Paul Holloway, Holloway
Mercedes-Benz, Greenland, N.H.; Rich and Linda Lovering,
Lovering Volvo at Nashua, Nashua, N.H.; Susan McFarland
Moynahan, McFarland Ford, Exeter, N.H.; Chuck Dupler, Nissan
of Keene, Swanzey, N.H.; Doug and Greg Grant, State Motors,
Manchester, N.H.; and Dan Enxing, Subaru of Nashua, Hudson,
N.H
•
Ford Motor Co. president and CEO Alan Mulally will give
the keynote address at the opening session of NADA’s convention,
being held Jan. 24-27 in New Orleans. Before joining Ford in 2006,
Mulally was executive vice president of the Boeing Co. and president
and CEO of Boeing Commercial Airplanes. Other speakers include
President George H.W. Bush and former NFL quarterback Archie
Manning. Registration for the convention is open, and 10 hotels are
already sold out. For more, visit www.nada.org/convention.
•
Both exhibitors and attendees planning to attend the 2009
NADA convention in New Orleans may receive e-mail solicitations,
phone calls, direct mail or other forms of communications from
vendors and contractors claiming to be endorsed or approved by
NADA, which many are not. Be on the lookout for these types
of solicitations. Following is a list of official NADA vendors and
contractors:
NADA News
www.oada.com
continued on Page 8
november 2008
7
NADA News
continued from Page 7
• Freeman (Service Contractor)
• PSAV Presentation Services (Audio/
Visual)
• CCR Events (Computer Rental)
• National Plant & Floral, Inc.
• Experient (Lead Retrieval)
• HMI – Holiday Models, Inc.
• Oscar Einzig (Photography)
• Marshall Robinson & Associates
(Security)
• Experient (Housing – Exhibitor &
Attendee)
• NADA’s AutoExec Department
(Advertising/Sponsorships)
Please use caution when dealing
with any solicitations from companies that are
not on this list. Contact NADA conventions at
(703) 821-7141 if you have any questions.
•
The complete audio and video
content of 19 NADA Management Education
virtual seminars from the past year is now
available. Each seminar archive contains the
original presentation from 2007 or 2008, and
can be accessed for up to six months. The
cost of each seminar is $99. Archived virtual
seminars are available for the following
topics:
•
•
•
•
•
•
Variable operations
Fixed operations
F&I
Legal issues
Business management
Trucks
For a complete list of archived
seminars or to place an order, visit www.nada.
org/seminars, or call 800.252.6232, Ext. 2.
•
NADA Used Car Guide has
introduced two additional trade-in value
categories to help businesses better define
used-vehicle pricing for a broader spectrum of
vehicles. Beginning this month, new “Rough
Trade-In” and “Average Trade-In” values
are included in all guide electronic products,
and will be part of the printed guidebook
this month as a complement to the existing
“Clean Trade-In,” “Clean Loan” and “Clean
Retail” values. The majority of vehicles in the
wholesale market—about 50 percent—are
considered “average” in condition, according
to NADA market data. Vehicles in the
“clean” category represent about 15 percent
of the market, while those in the “rough”
category—typically considerably damaged
8
november 2008
but not “salvage” vehicles—are about 20
percent. The remaining vehicles fall into the
“extra clean” or “salvage” category.
For more on the guide’s vehicle
value categories, as well as its full lineup of
electronic and print products and services,
visit www.nada.com/b2b.
•
NADA Insurance announces that
its hole-in-one insurance program, ACECO,
will host a charitable golf tournament in
conjunction with the 2009 NADA Convention
in New Orleans, set for Jan. 24 to 27.
The inaugural “Dealers for Charity Golf
Tournament” is slated for Friday, Jan. 23, at
TPC Louisiana, the only PGA TOUR golf
course in the state. The challenging 7,300yard, par-72, Pete Dye-designed course is set
among bayous and old-growth cypress trees.
Built in 2004, it is home to the prestigious
PGA TOUR Zurich Classic of New Orleans.
All proceeds from the tournament will benefit
the Brees Dream Foundation, a charitable
organization founded by New Orleans Saints
quarterback Drew Brees and his wife Brittany.
If you’re interested in a sponsorship, contact
tournament director Alicia Rodriguez at
888.828.8540 for details. The tournament is
open to NADA members only. Fees for the
144-person tournament are $300 per person
or $1,200 per foursome. Register online at
www.ACECOinsurance.com.
In regulatory news…
•
NADA has finalized two new
publications aimed at helping dealers comply
with several new federal legal requirements.
All members will receive a free printed copy of
A Dealer Guide to the FTC Affiliate Marketing
Rule (L51) and Electronic Disclosure Rules
for Dealership Online Commerce (L52) via
mail. However, because the Oct. 1 compliance
deadline for each of these new rules is
approaching, NADA Management Education
is making these two publications available
immediately, in PDF form, free to members
upon request. Send an e-mail to Management
Education at [email protected] with your request
and member identification number.
•
Individuals and organizations with
25 or more trucks, tractors or other heavy
vehicles used on highways are required to
make their excise tax filings with the Internal
Revenue Service electronically, rather than by
paper. Form 2290, Heavy Highway Vehicle
Use Tax Return, is used to report and pay
highway-use excise taxes. E-filing of Form
2290 began in August 2007. Electronic filing
ohio automobile dealers association
streamlines the processing of Form 2290. It
is safer and more reliable than paper filing
and reduces preparation and processing
errors. Another advantage of e-filing Form
2290 is that taxpayers don’t have to wait
for a stamped version of the Schedule 1,
Schedule of Heavy Highway Vehicles, to be
returned by mail. They will almost instantly
receive the equivalent of a stamped version
electronically. For additional information,
contact NADA/ATD Regulatory Affairs at
[email protected]. To view the entire
press release, visit www.irs.gov/newsroom/
article/0,,id=185565,00.html. <
Bono Fide Error Defense
continued from Page 5
reasonably designed to identify each and every
rental vehicle we may sell so that our sales
staff may make the proper disclosures. We
train the sales staff accordingly. If we sell 200
rental vehicles a year and one is sold without
disclosure, our dealership is in a good position
to argue bono fide error; we have a procedure
to avoid this mistake yet it happened anyway.
Contrast these results with the dealership that
believes they have a system but when the deals
are audited, we find that 85 of the 200 rentals
sold are not disclosed. It is fair to say that either
we really don’t have a system or if we have one
it’s not particularly effective in preventing the
violation.
Some Examples for establishing a
Bono Fide Error Defense
• Color code prior rentals, factory official,
and demonstrators
• Have an internal checklist of paperwork to
be included in each deal
• Have procedures to verify internet prices
are accurate and are the same as vehicles
advertised elsewhere
• Train! Have polices in writing, periodically
train current employees and all new hires
Remember, the key to a bono fide error defense is implementing the procedures and
making sure the procedures are followed. If the
system implemented does not get good results
it is not a good defense. <
2009 OADA Convention
April 22-25, 2009
Disney’s Grand Floridian Resort
& Spa
Lake Buena Vista, Florida
Visit Disney’s Grand Floridian
Resort and Spa at
www.disneyconventionears.com
REGISTER TODAY FOR THE OADA CONVENTION
AND BRING YOUR KEY MANAGERS!
Great speakers, legislative & legal updates,
Town Hall meeting and much more!
Please return your completed registration form to:
Sheryl McGavern
Ohio Automobile Dealers Association
655 Metro Place South, Suite 270
Dublin, OH 43017
Phone: 614-923-2228
Fax: 614-766-9600
Visit www.oada.com for more Convention Information
OADA Educational Seminar Series Presents........
Safety in and Around the Dealership
Thursday, November 6, 2008
Crowne Plaza Columbus Dublin
The seminar will be held in one location, centrally located in
Columbus. Registration begins at 8:00 a.m.
The seminar will begin at 8:30 a.m., and conclude at noon.
Registration fee for members is $95.00 per person, and $225
per person for non-members.
We have heard it all before, 90% of all workplace injuries
are caused by the unsafe acts of people. The key therefore is to
encourage people to act more safely by creating a “culture of safety”
within the dealership. The best way to do that is by instituting a safety
program.
The question remains, is the investment of a safety program
really cost effective? In a recent survey, 86% of executives responding
felt that workplace safety provided a return on investment. Nearly
two thirds of the respondents felt that they saved $3 for every $1
invested in safety.
If these reasons for having a safety program are not
convincing enough, think about this; the average workers
compensation medical-only claim costs $800. Medical-only claims
are generally “minor” injuries where the injured worker misses little
or no work and receives minimal medical treatment. Assuming a
pretax margin of 2%, we have to generate an additional $40,000 in
sales to cover the cost of this “minor” injury.
While the reasons for implementing a safety program
certainly are compelling, the reality is that implementing a safety
program can be a confusing process. Where do you start? OADA
in conjunction with KPA, the largest provider of safety and
environmental compliance services for dealers in the country will
be offering this valuable seminar outlining the basic requirements
of a safety program in the dealership setting.
All dealers know programs such as “Right to Know,” PPE,
flammable storage, fire extinguishers, fork lift training, respirator
training, and emergency response, just to name a few, are required
programs by law. This program streamlines, simplifies, and answers
your questions so that you will have the basics you need to assure
your dealership has compliance know-how.
Is your dealership familiar with these new compliance
developments:
•
•
(formerly the Wyndham)
600 Metro Place North
Dublin
If you have a body shop, U.S. EPA has enacted a new hazardous
air pollutant standard for sources engaged in surface coating of
motor vehicles. Learn the details regarding this new standard so
that you can be ready to meet the compliance deadline.
OSHA’s new rule clarifying that employers must pay for
employee’s PPE
Is your dealership still strugging with:
•
DOT - The Department of Transportation (DOT) requires
training and certification for all employees who ship, load,
unload, receive, or even handle hazardous materials. Noncompliance has led to large fines.
•
Is OSHA’s Respiratory Protection Program and its requirements
still creating compliance issues at your dealership?
Get anwers to such questions as:
•
What programs are actually required
•
How do you evaluate Personal Protective Equipment (PPE)
requirements
•
How to conduct safety training for employees
•
Record retention requirements
•
The elements of “Right to Know” and Emergency Response
•
Common OSHA violations
This program will be taught to give participants the maximum
opportunity to ask questions. KPA, the acknowledged leader in
providing safety and environmental compliance services since 1986,
currently works with over 3,000 dealers across the country and Ohio.
Regulatory agencies place the full burden of compliance on business.
OADA and KPA are offering this seminar to assist and inform dealers
of the applicable requirements and the importance of safety.
So register today. If you have additional questions, please
contact DeAnna Zahniser at (614)923-2231 or dzahniser@oada.
com.
Registration Form
Safety in and Around the Dealership
Registrant
Name (s)
Dealership Name
Address, City, State & Zip
Telephone (
)
Payment: Check No.
Fax (
)
Credit Card: Visa/MC #
E-mail
exp.
Return to: OADA • 655 Metro Place South, Suite 270 • Dublin • Ohio • 43017 or fax to 614-766-9600
You can also register by logging onto the OADA web page at www.oada.com, or by calling 800-686-9100.
ADA Amendments
Continued from Page 6
preme Court’s reasoning in Sutton v. United
Air Lines, Inc., 527 U.S. 471 (1999), which
held that mitigating measures could be considered in determining whether an impairment in fact substantially limits a major life
activity. The ADAAA specifically provides
that the foregoing determination must be
made “without regard to the ameliorative
effects of mitigating measures,” including
medication, medical supplies, equipment,
appliances, prosthetics, hearing aids, mobility
devices, and other aids or assistive devices,
as well as learned behavior or adaptive neurological modifications. However, the ameliorative effects of the mitigating measures of
ordinary eyeglasses or contact lenses can be
considered in determining whether an impairment substantially limits a major life activity
to the extent they are intended to fully correct
visual acuity or eliminate refractive error.
The ADAAA also provides that qualification
standards and tests related to uncorrected
vision can only be used if it is shown to be
job-related for the position in question and
consistent with business necessity.
Prior to the ADAAA, many disability claims brought under the ADA were
subject to summary disposition in favor of
the employer given the narrow interpretation
applied to the ADA by the courts. However,
the ADAAA is likely to serve its purpose of
broadening the scope of the ADA’s coverage,
thereby increasing the likelihood that such
claims will proceed to trial.
Ad Review Corner
Continued from Page 6
advertisement itself. The text of the ad still
must include:
• that the transaction advertised is a
lease,
• the total amount due before or at consummation, or by delivery if delivery
occurs after consummation, and
If you have any questions or
need additional information regarding the
ADAAA, including assistance with revising
any relevant policies or supervisor training
on the issue, please contact Melanie Webber,
Jennifer Welfley or Maribeth Wuertz in the
firm’s Human Resource Practice Group at
(440) 838-8800. <
• the number, amounts, and due dates or
periods of scheduled payments under the
lease.
The 1-800 number may be used to
disclose mileage allowances/penalties, and
may refer to other disclosures. This toll-free
phone number- which only applies to radio
and TV ads - must be established no later
than the ad’s air date. It also must continue
for at least 10 days after the air date. Callers
must be given all the required disclosures
early in the message. A clear and conspicuous written copy of the disclosures also must
be given to anyone who asks for it.
As always, please call OADA with
any ad compliance questions! <
Support DIG 2008
Dealers Investment Group
Please Check To Indicate Your Contribution Level
President’s Club Gold - $1,500 & Above
Capital Club - $250
* Individual dealers may contribute up to $10,000 to DIG
Century Club - $100
President’s Club Silver - $750
President’s Club Bronze - $500
Please pay the indicated amount by personal VISA, Mastercard, American Express or personal check payable to: “Dealers Investment Group”
(corporate contributions are not permitted by law)
VISA/Mastercard/American Express #
Name
Signature
Dealership
Exp. Date
County
Send to: Ohio Automobile Dealers Association, 655 Metro Place South, Suite 270, Dublin, Ohio 43017, or by fax (614) 766-9600
www.oada.com
november 2008
11
2008 January
DIG 1Contributor
List
- October 20, 2008
OADA would like to thank the following for their support to the Dealers Investment Group.
Presidents Club Gold 1500+
Ricart, Rhett - Ricart Automotive Group
Pannier, Pete - Northgate Chrysler Dodge Jeep
Reichert, Robert - Kenwood Dealer Group
Sanders, Ted - Progressive Chevrolet
Babcock, Edward - Junction Buick Pontiac GMC
Truck, Inc.
Black, Brad - Downtown Ford Lincoln Mercury, Inc.
Brown, James - Classic Auto Group
Dever, Michael - Performance Auto Group
Eddy, Chuck - Bob & Chuck Eddy’s Chrysler Dodge
Jeep
Flynn, Dave - Columbiana Buick Cadillac Chevrolet
Greenwood, Greg - Greenwood Chevrolet, Inc.
Germain, Rick - Germain Motor Co.
Presidents Club Silver 750+
Ferris, Bill - Ferris Chevrolet, Inc.
Marcellino, Dick - Motorcars Acura Volvo
Pace, Jim - Jim Pace Pontiac, Inc.
Panteck, Gary - Brunswick Auto Mart Inc
Preston, Pat - Preston Ford
Gibson, Gary - Tri-State Sterling Trucks, Inc.
Iemma, Mike - Park Ford
Robinson, Roosevelt - New Carlisle Ford
Sanders, Dan - Progressive Chevrolet
Brown, David - Stockamp & Brown
Drennen, Jeff - Jeff Drennen GM Superstore
Glockner, Andrew - The Glockner Chevrolet Co.
Horstmeyer, David - Just Saab Cincinnati
Klaben, Michael - Crown Ford Lincoln Mercury
Klaben, Richard - Crown Ford Lincoln Mercury
Presidents Club Bronze 500+
Taylor, Martin - Taylor Motors
Mueller, Peter - Mentor Mitsubishi-Kia
Abraham, Bruce - Charles Chevrolet, Inc.
Abraham, Nick - Abraham Automall
Ahl, Tom - Tom Ahl Buick GMC, Inc.
Barry, Steve - Steve Barry Buick, Inc.
Brentlinger, Mark - Midwestern Auto Group
12
november 2008
Germain, Steve - Germain Motor Co.
Huff, Adam - Fred Martin Motor Co.
Kasper, Jerry - Kasper Buick Pontiac GMC
Martin, Fred - Fred Martin Ford, Inc.
May, Jeffrey - Bobb Suzuki
McDaniel, Mike - McDaniel GM Superstore
Nobil, Steve - Millisor & Nobil
Reichard, Gene - Reichard Buick Pontiac, Inc.
Stevens, Gene - Gene Stevens Honda
Voss, John - Voss Auto Network
Wyler, Jeff - Jeff Wyler Auto Group
Yark, Donald - Yark Automotive Group, Inc.
Yark, John - Yark Automotive Group, Inc.
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,250.00
$1,250.00
$1,250.00
$1,250.00
$1,250.00
$1,000.00
$1,000.00
$1,000.00
$875.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
Lavery, Bill - Lavery Automotive Sales & Service
Matia, Jack - Jack Matia Chevrolet
McFarland, Barry - Barry’s Chev Buick Inc.
Moats, Mark - Mark Moats Ford, Inc.
Pierson, Jim - Pierson Automotive Inc.
Reeve, Dave - Performance Lexus
Reilly, Timothy - Miami Valley International
Stockamp, Deanna - Stockamp & Brown
Sweeney, David - Sweeney Buick Pontiac GMC
Truck
Sweeney, Doug - Sweeney Chevrolet
Sweeney, Jake - Jake Sweeney Automotive, Inc.
Young, Craig - Young Truck Sales, Inc.
Zorniger, Pete - Frank Z Chevrolet
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$700.00
$625.00
$500.00
$500.00
$500.00
$500.00
$500.00
Carson, Joe - Joe Carson Honda & Harley Davidson
Cerny, Jeff - McDaniel Toyota
Connelly, John - Acura Columbus
Dawes, Bill - Bob-Boyd Lincoln-Mercury
Dawes, Bobby - Bob-Boyd Ford Mazda, Inc.
Dunning, John - Dunning Motor Sales
Foster, Douglas - Foster Chevrolet Cadillac, Inc
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$3,000.00
$2,000.00
$2,000.00
$1,750.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
ohio automobile dealers association
$750.00
$750.00
$750.00
$750.00
2008 January
DIG 1Contributor
List
- October 20, 2008
OADA would like to thank the following for their support to the Dealers Investment Group.
Presidents Club Bronze 500+
Frye, Kirt - Sunnyside Toyota
Gile, Chuck - Motorcars Honda
Glockner, Timothy - Glockner Honda Toyota
Gusweiler, James - Gusweiler GM Center
Hardman, Loren - Big 4 Motorsports, Inc.
Harris, Scott - Bill Harris Auto Center, Inc.
Hayhow, Steve - Fuller Ford, Inc.
Hill, Jack - Hill International Trucks, LLC
Hinderer, John - John Hinderer Honda
Hrnchar, Paul - Strongsville Dodge
Kasper, Bryan - Kasper Buick Pontiac GMC
Lindsay, Bert - Lindsay Acura
Capital Club 250+
Doraty, Bill - Bill Doraty Kia
Jacobson, Marc - Jay Pontiac Buick GMC, Inc.
Ackerman, Mark - Glenway Motor Car Company
Axelrod, Nelson - Axelrod Chrysler Dodge Jeep, Inc.
Baker, Fred - Fred Baker Imported Cars, Inc.
Balderson, William - Balderson Motors
Beford, Mark - South Point Ford, Inc.
Black, Jason - Bud’s Chevrolet Buick
Brindley, Jeff - Roush Honda
Brown, Robb - Brown Honda
Carmichael, Gerry - Kings Toyota, Inc.
Cronin, Patrick - Cronin Ford, Inc.
Deacon, James - Deacon’s Chrysler, Inc.
Drakesmith, John - Valley Freightliner, Sterling and
Western Star Tru
Dunn, James - Dunn Chevrolet Buick
Elk, Larry - Marshall Ford East
Feldhaus, Lawrence - Lincoln Mercury of Kings
Automall
Fleisher, Robert - Franklin Park Lincoln-Mercury,
Inc.
Gerhard, Greg - Bob Daniels Pontiac Buick GMC
Truck
Gillingham, Robert - Bob Gillingham Ford, Inc.
Green, Richard - St. Marys Chrysler Dodge Jeep,
Inc.
Hale, Lee - Hale’s Sport Center, Inc.
Halleen, Eric - Halleen Kia
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
Maibach, Fred - Maibach Ford, Inc
Michaelson, Lee - Martin Chevrolet
Nicholson, Chuck - Chuck Nicholson, Inc.
Northup, J. Michael - Norris Northup Dodge
Pyle, Dan - Metro Lexus
Reineke, Daniel - Tiffin Ford Lincoln Mercury, Inc.
Reineke, William - Tiffin Ford Lincoln Mercury, Inc.
Sauer, Diane - Diane Sauer Chevrolet, Inc.
Smedley, Bud - Smedley Chevrolet Sales
Taylor, Milt - Milt Taylor Lincoln Mercury
Taylor, Stephen - Taylor Cadillac Inc.
VanDevere, Mike - VanDevere, Inc.
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$375.00
$375.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
Heflin, Paul - Courtesy Chevrolet, Inc.
Hemm, Daniel - Dan Hemm Chevrolet Cadillac
Pontiac
Huser, Robert - Fairfield Lincoln Mercury VW
Joseph, Jeffrey - Don Joseph Toyota
Kassel, Curt - Chrysler Jeep of North Olmsted
Keim, Jim - Jim Keim Ford
Kempthorn, Richard - Kempthorn Motor Cars, Inc.
Kenwell, Greg - University Chrysler Jeep Dodge
Koehler, Dave - Hatfield Volkswagen
Krieger, Doug - Krieger Ford, Inc.
Krieger, Jeff - Krieger Sawmill Lincoln-Mercury
LaRiche, Robert - LaRiche Automotive Group, Inc.
Lewis, Mike - Tri City Nissan
Marck, Matt - Saturn of Beechmont
Marine, Bill - Bill Marine Auto Center, Inc.
Mercurio, Daniel - Kings Toyota, Inc.
Mullins, Jerry - Northgate Lincoln Mercury
Volkswagen
Myers, Steven - Kasper Chevrolet Buick Norwalk
O’Donnell, Brian - Valley Ford Truck, Inc.
Pittman, Mark - Kings Chrysler Jeep Dodge
Porter, Jr., Frank - Central Cadillac - Hummer
Porter, Mark - Mark Porter Chevrolet Cadillac
Pontiac
Poulton, Terry - Columbiana Ford
Reichert, Steve - Kings Mazda
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
www.oada.com
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
november 2008
13
2008 January
DIG 1Contributor
List
- October 20, 2008
OADA would like to thank the following for their support to the Dealers Investment Group.
Capital Club 250+ cont.
Ring, Robert - Kings Ford, Inc.
Rouen, Michael - Rouen Toyota
Russell, Darryl - Saturn of Kings Automall, Inc.
Schmidt, Jim - Jim Schmidt Chevrolet Pontiac Buick
Schoenhoft, Rob - Kings Mitsubishi
Scott, Walter - Midway Pontiac Chevrolet
Sickafoose, Jr., Robert - Gribble’s River Valley
Motors, Inc.
Smith, Bob - Score Chrysler Dodge Jeep
Century Club 100+
Sworak, Peter - Camper Care
Bigelow, Richard - Bigelow Chevrolet, Inc.
Grim, Gene - G.G. Grim Company
Humphries, Mike - Harry Humphries Auto City
Kistler, Frank - Saturn of Toledo, Inc.
Schneider, Jerry - Metro Toyota Scion, Inc.
Althoff, Bob - A.D. Farrow LLC
Cuva, Michael - Sunnyside Toyota
DiVincenzo, M. - Fred-Vincent VW Mazda, Inc.
Firment, Joe - Joe Firment Chevrolet
Kaltenstein, Lou - Gene Norris Buick GMC Truck
Kirlough, Thomas - Sunnyside Honda
Mencini, John - Aurora Chrysler Dodge Jeep, Inc.
Pawluk, Greg - Saturn of North Olmsted
Tonovitz, Steven - Sunnyside Audi
McCracken, Eric - Lee Kinstle GM Sales & Service
Allen, John - Harmon Cadillac, Inc.
Alley, Jerry - Lincoln Mercury of Beechmont
Apostolakis, John - Apostolakis Honda & Mazda
Azman, Alysan - Schiets Motors Inc.
Ballas, Marianne - Ballas Buick GMC
Bello, Bob - Kings Toyota, Inc.
Berarducci, Michael - Pietro DiNovo & Son, Inc.
Blankenbuehler, Richard - Kings Toyota, Inc.
Bloom, Chester - Boose Chevrolet Co.
Borcherding, Kim - Borcherding Enterprises
Brittain, Thomas - Brittain Motors, Inc.
Bucher, Artie - Art Bucher Buick Cadillac
Bush, Mark - Bush Auto Place
Caddell, David - Kings Toyota, Inc.
14
november 2008
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
Smith, Dennis - Kings Volkswagen of Loveland
Spurgeon, Kirk - Spurgeon Chevrolet
Taylor, Larry - Beau Townsend Nissan, Inc.
Tobey, Terrence - Key Chrysler Jeep & Dodge, Inc.
Waddell, Jim - McDaniel Toyota
Waikem, David - Waikem Nissan
Walther, Mark - American PowerSports
Warner, Larry - Warner Automotive Group, Inc.
Zarzour, Albert - Zarzour Chevrolet, Inc.
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$240.00
$225.00
$200.00
$200.00
$200.00
$187.50
$150.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$120.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
Caruso, Thomas - Kings Toyota, Inc.
Cassidy, Terry - Paul Cole Motors, Inc.
Cerni, John - Cerni Motor Sales, Inc.
Cobb, Rodney - Rodney Cobb Chevrolet
Cohen, Brad - Kings Toyota, Inc.
Collins, Dennis - Kings Toyota, Inc.
Conner, James - Kings Toyota, Inc.
Conroy, William - Coll Auto Sales Co.
Czajkowski, Andy - Statewide Ford Lincoln
Mercury, Inc
DeLord, William - Bill DeLord Autocenter, Inc.
Donaldson, Greg - Kings Toyota, Inc.
Eichelberger, Karen - Midway Yamaha Inc.
Erwin, Ron - Erwin Chry/Dodge/Jeep,Inc
Farrell, Matt - Kings Toyota, Inc.
Feighery, William - Kings Toyota, Inc.
Frederick, Bob - Frederick Chrysler Jeep Dodge
Gholz, John - Kings Toyota, Inc.
Grace, John - Kings Toyota, Inc.
Greve, Larry - Greve Chrysler Jeep Dodge of Van
Grothouse, Robert - Delpha Chev Buick Pontiac
Hanlon, Mark - Schoner Chevrolet, Inc.
Harmon, Frank - Harmon Motor Sales Inc.
Harmon, Gwen & Tonya - Harmon Cadillac, Inc.
Harrison, Lad - Brother’s Chevrolet
Herrnstein, Bill - Herrnstein Chrysler
Hittle, Jeffrey - Hittle Pontiac Buick Cadillac GMC
Hunt, James - Buckeye Ford, Inc.
James, Jeffrey - Wendell Ford Sales Co.
Johnston, Tim - Kings Toyota, Inc.
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
ohio automobile dealers association
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
2008 January
DIG 1Contributor
List
- October 20, 2008
OADA would like to thank the following for their support to the Dealers Investment Group.
Century Club 100+ cont.
LaRiche, John - LaRiche Chevrolet Cadillac
Laurence, Fred - Kings Toyota, Inc.
Linneman, Christopher - Kings Toyota, Inc.
Little, David - Kings Toyota, Inc.
Ludwig, John - Park Honda
Malcom, Bob - Bob Malcom Chrysler-Dodge-Jeep,
Inc
McCarthy, Tim - McCarthy Yamaha, Inc.
McHone, Kevin - Kings Toyota, Inc.
McHugh, Tim - McHugh, Inc.
McNeill, Andrew - McNeill Chevrolet Pontiac
Miner, Bruce - Valley Harley-Davidson Co.
Moomaw, Randal - Moomaw Chevrolet, Inc.
Nassief, Marybeth - Nassief Ford Mercury, Inc.
Niesen, Jean - Kings Toyota, Inc.
Niesen, Richard - Kings Toyota, Inc.
Owens, Christopher - Kings Toyota, Inc.
Pulte, Robert - Bob Pulte Chevrolet Inc.
Rogers, Mark - Kings Toyota, Inc.
Royer, Henry - Kings Toyota, Inc.
Rush, Mark - Ron Rush Lincoln Mercury
Scherz, Gary - Midway, Inc.
Schiets, Darl - Schiets Motors Inc.
Schiets, Darl - Schiets Motors Inc.
Seyfferle, Joseph - Joe’s Cycle Shop, Inc.
Other Contributors
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
Loudon, Greg - Loudon Motor Ford
$93.75
Guinther, Tim - McDaniel GM Superstore
Holmes, Michael - McDaniel GM Superstore
$75.00
$75.00
Kisner, Dennis - McDaniel GM Superstore
Nutter, Gary - McDaniel GM Superstore
Tong, John - McDaniel GM Superstore
Anderson, Linda - Park Honda
$75.00
$75.00
$75.00
$50.00
Siciliano, James - Kings Toyota, Inc.
Smith, Greg - Smith Superstore
Smith, James - Kings Toyota, Inc.
Snyder, Thomas - Snyder Chevrolet
Soranno, Nick - Park Mazda of Wooster
Stancliff, Roderick - Kings Toyota, Inc.
Steinke, Don - Kings Toyota, Inc.
Stockwell, Scott - Kings Toyota, Inc.
Summers, Scott - Summers Motor Sales
Taylor, James - Troy Ford, Inc.
Thieman, Tim - Kings Toyota, Inc.
Troutwine, James - Troutwine Auto Sales, Inc.
Walker, Greg - Kings Toyota, Inc.
Watson, Benny - Kings Toyota, Inc.
Weekley, Matthew - Weekley Chrysler Dodge Jeep
Weldy, W. - Kings Toyota, Inc.
Welsh Koch, Kim - Welsh Motors, Inc.
Welsh, Edward - Kings Toyota, Inc.
Williams, Stewart - Kings Toyota, Inc.
Wilson, Jr., George - Dick Wilson Pontiac Buick
GMC Truck
Wilson, Michael - Kings Toyota, Inc.
Wood, James - Bryan Ford Lincoln Mercury, Inc.
Zappia, Mary Kay - Salem Chrysler Jeep, Inc.
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
Greenbaum, Michael - Park Honda
Harrison, Rodney - Harrison Ford Mercury, Inc.
Johnson, Lori - Park Honda
Lawson, Betty - Park Honda
Smith, David - Park Honda
Helter, Andrew - Park Honda
$50.00
$50.00
$50.00
$25.00
$25.00
$20.00
$100.00
$100.00
$100.00
Is your name is missing or you found a mistake? Please accept our
apologies and contact Joe Cannon at OADA with corrections.
www.oada.com
november 2008
15
A Change for the Better.
Introducing OADA’s new group rating administrator Compensation
Consultants. Employers qualifying for group rating can save up to
the maximum available discount on their Ohio BWC premium.
Now’s the perfect time to get your workers’ compensation costs
headed in the right direction. Joining the OADA’s workers’ compensation
Group Rating Program is one of the best ways employers can significantly lower their
Ohio premium – up to the maximum available discount. To get started on a
no-cost, no-obligation analysis that maximizes your potential
savings, call Compensation Consultant’s Kirsten Gibson at 1-800837-3200, Ext. 7110 or email [email protected]. Or, visit
OADA’s online form at www.cciworkerscomp.com/groupratingapplication/OADA.
1-800-837-3200
[email protected]
www.cciworkerscomp.com
©2008 Compensation Consultants, Inc.