Auto Dealer INDEPENDENT - Serving Dealers Across GA

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auto dealerINDEPENDENTGeorgia Independent Automobile Dealers Association3 ESSENTIAL STEPSto Maximize Gross Profitson Auction CarsGIADA Reaches Outto Neighbors in NeedYour Tax RefundCould be Delayed in 2017Nurturing CustomerLoyalty Through YourSocial CommunityPLUSREACQUIRED VEHICLES:What Do You Have To Tell Consumers?November/December 2016IN THIS ISSUEImportantLegislativeUpdates

GEORGIA INDEPENDENT AUTOMOBILE DEALERS ASSOCIATIONINDEPENDENTauto dealerNOVEMBER/DECEMBER 20162 3 4 6 8 11 13 15 18 Stay Up to Date on CriticalRegulationsYour Tax Refund Could be Delayedin 2017Happy Holidays from GIADAHigh-Energy National LeadershipConference Proves SuccessfulGIADA Reaches Out to Neighborsin Need7 Revisions to FTC’s Buyers GuideGIADA Welcomes RepresentativeGravleyAppellate Court Rules CFPB“Structure” UnconstitutionalService Provider Directory26 26 29 30 32 33 35 Reacquired Vehicles: What Do YouHave To Tell Consumers?Certified Used Vehicles: Be CarefulYour Certified Car Matches YourManufacturer’s StandardsTrump to the CFPB – “You’reFired!”?National News RoundupNurturing Customer LoyaltyThrough Your Social CommunityLarge Print Offers Vs. Small PrintDisclaimersCopart Announces Land Expansionand Activation across Five States inResponse to Hurricane Matthew36 38 41 43 44464850 3 Essential Steps to MaximizeGross Profits on Auction CarsHow to Support Your ContentMarketing Strategy With Big DataAttorney General: HurricaneMatthew May Leave OwnersSelling Damaged Cars, TrucksDigital Car Buyers Mean MoreShowroom Traffic, Not LessThe CARLAWYERAuction DirectoryNew and Renewed MembersHow CRM Training Builds aWinning Dealership TeamSLATE OF OFFICERSThe magazine of theGEORGIA INDEPENDENTAUTOMOBILEDEALERS ASSOCIATIONWWW.GIADA.ORG6903-A Oak Ridge Commerce WayAustell, Georgia 30168T 800-472-8101 or 770-745-9650F 770-745-9655EXECUTIVE DIRECTOR EDITORPaul R. JohnMAGAZINE AD SALES & VENDOR RELATIONSKeely Burdge & Kristin Reilly 770-745-9650PRODUCTION EDITOR COPY WRITINGProfessional Mojo info@professionalmojo.comDEALER SERVICESAmy Bennett, Director of Education & MembershipFor more information about the GIADA,topics addressed in this issue, or for additionalcopies please contact GIADA, (800) 472-8101.Copyright 2016Chairman of the BoardBilly Graham Graham Auto Sales, Inc.Loganville, GA 770-554-0300Sr. Vice President-at-LargeJoe Addison Joe Addison Motors, Inc.Savannah, GA 912-234-5306PresidentJennifer Knights M&M MotorsHinesville, GA 912-877-7462Sr. Vice President-at-LargeDennis Pope Peoples Financial HiramHiram, GA 770-948-6110President ElectBart Barton Barton Used CarsNewnan, GA 770-527-5804First Vice PresidentLee Cavender Cavender Auto SalesGainesville, GA 770–297-8700Second Vice PresidentDavid Mosley Cherokee Auto GroupCanton, GA 770-345-0282Third Vice PresidentDavid Johnson Cherokee Auto GroupCanton, GA 770-345-0282TreasurerWayne Daniel - Car Loan Direct LLCCartersville, GA - 770-627-2693SecretaryHudson Biondo- MasterCars Auto SalesDoraville, GA – 770-450-5000First Vice President-at-LargeGuy Padgett Sterling CreditAiken, SC 706-830-3045Second Vice President-at-LargeTroy McCalla Spireon, Inc.Atlanta, GA 678-362-2161Third Vice President at LargeJason Reaves – Waynes Reaves SoftwareMacon, GA – 478-474-8779Fourth Vice President-at-LargeMark Brunn – ADESA AtlantaFairburn, GA – 770-357-2277Auxiliary OfficersPresident, Philip KnightsVice-President, Renae BartonTreasurer, Wendy BrunnSecretary, Lisa JohnsonGIADA Independent Auto Dealer NOV/DEC 2016 1

ON THE MARKStay Up to Date onCritical RegulationsI would like to take this opportunity to speak on the importance of staying up to date on the numerous regulationsimposed upon our industry. We are one of the most heavily controlled industries in this country with tremendousoversight. We have state laws, such as Title Ad Valorem Tax,and four federal government agencies that oversee the usedmotor vehicle industry.In late September, 16 Georgia IADA members attended theNational Leadership Conference and Legislative Summit inWashington D.C. We heard speakers from the ConsumerFinancial Protection Bureau (CFPB), Federal Trade Commission (FTC), Department of Justice (DOJ), and the DeGIADA PRESIDENTpartment of Labor (DOL). It’s a chore to try sorting throughJennifer Knightsthe legal and regulatory issues governing our business opM&M Motorserations; it’s truly an alphabet soup of oversight. So therewas some relief in hearing these regulators provide a bit ofinsight into their various agencies.There is always something new to learn and each of these speakers provided critical information of great value to our association’s membership. The CFPB speaker brought usup to date on current collection laws and regulations concerning credit reporting. If youare a BHPH dealer, it is of utmost importance to review these regulations.The FTC representative spoke about advertising don’ts such as misleading advertisingand Yo-Yo financing. The DOJ gave a presentation over the Equal Credit OpportunityAct and the service members Civil Relief Act. The speaker from the DOL brought us upto date on the new overtime regulations that are set to take place in December. I highlyrecommend seeking additional information on these topics.The fines and penalties that could be levied on businesses that are not in compliancewith any of these issues, are astronomical and could even put some out of business. Inrecent weeks, these government regulators have fined businesses for several violationsover some of the very issues we just heard of in these sessions.Please make the efforts to ensure you stay within the compliance standards. The bestway to do this is to keep you informed. All of the agencies mentioned above have publicwebsites that you can visit to further research how they affect your dealership and ourindustry. As always, our GIADA Dealer Consultants are here to assist and can help youfind the answers you need.Thank you for your time!Jennifer KnightsMAXIMIZE YOURADVERTISINGEXPOSURE!GIADA also offers options foradvertising on our website andin our digital publications!The GIADA website gets over50,000 visitors and over 142,000pageviews per quarter from topdecision-makers. The exposure youcould get is unmatched.Call us to advertise!ADVERTISER INDEX275164700CreditAce Motor AcceptanceADESA AtlantaA.R.A. GPS Systems39AutoTrader/KBB34Carolina Auto Auction9Charleston Auto Auction12CounselorLibrary47Dealers Finance30Frazer Computing, Inc.40GIADA Store3IBCInteractive FinancialManheim37NIADA CPO Program10Oakwood’s Arrow AutoAuction7Peoples Financial33Preferred Warranties, Inc.31Rawls Auto Auction17Ron E. Widener28Southeastern Auto AuctionBCSpireon14 TitleTec an AutoPoint Company42 TitleTec an AutoPoint Company34United AcceptanceIFC Wayne Reaves2 GIADA Independent Auto Dealer NOV/DEC 2016

TAX NEWSYour Tax Refund Could be Delayed in 2017Tax refunds in 2017 will come later thanever, no earlier than February 15th, regardless of when Americans file their taxreturns. This could directly impact the2017 so-called tax season for automotiveretailers across the country, and just aboutany business that relies on consumers withfresh tax refunds in hand.Bill Neylan, CEO of TRS TaxMax, a taxrefund services firm, shared this with attendees at the recent National Alliance ofBuy Here-Pay Here Dealers Conferencein Orlando. The IRS will not release refunds for Americans who qualify for theEarned Income Tax Credit (EITC), ChildTax Credit (CTC), and American Opportunity Education Tax Credit (AOTC), until Feb. 15, 2017 even if their tax return isprepared in the early part of the filing season. Instead of the standard of receivingrefunds in 21 days or less under the oldterms of the PATH Act, refunds could takeup to four weeks, he said.Many independent automotive retailershave grown accustomed to having consumers come in with large down paymentsduring late January or early February astheir refund checks arrive. Last year, Neylan said, they came later and many all atthe same time. This big push lead to theIRS computer systems and website crashing and as a result, further delayed refundsand filings.Neylan noted that checks will come evenlater this year and tens of billions of dol-lars will arrive in consumers’ hands all onthe same day, and while Feb. 15 has beenset as the target, there is no way of knowing on which specific date the IRS will release those funds. In addition to the prolonged start of the anticipated tax season,dealers who have stocked up on inventorygoing into the tax season may have to keepthe vehicles on their lots 30-45 days longerthan they had anticipated.Furthermore, the low-income consumerswho qualify for these kinds of refunds aretypically unaware of the delay, and mayhave a hard time paying bills, includingcar payments already on the books, in January and early February because they hadcounted on IRS refunds that had come tothem at earlier times in years past. nGIADA Independent Auto Dealer NOV/DEC 2016 3

THE PULSE OF GIADAHappy Holidays from GIADAas well as our association staff. We are evermore capable of serving the needs of ourmembers, and our goal is to continuouslyimprove our services and benefits that areavailable to you!GIADA EXECUTIVEDIRECTOR, Paul JohnAs I write this, I’m thinking of the comingholiday season and the rapidly approaching new year. This is the last issue of ourmagazine for the year, and it’s a great timeto acknowledge that this year has been onefull of growth for GIADA, in membershipDon’t Gamble OnYour GPS. We’ll DealYou A Winning Hand.Best PriceBest Web AppMore Useful FeaturesVoted Best Smart PhoneApp In The industry. Impound Notification Repo Button Top Stops 4 Hour Heartbeat Unlimited Use 3 Year WarrantyFor Live Demo, Call 770-871-0051Visit us at www.svrtracking.comAnd www.aragps.com4 GIADA Independent Auto Dealer NOV/DEC 2016We have accomplished quite a bit in 2016and will continue to move forward at fullspeed as 2016 comes to a close and weprepare to kick off the new year. A fewhighlights to mention include: the development of our new Business Partner Program which has been created to get ourmost dedicated associate members moreopportunities to showcase their productsand services which will greatly benefit ourdealers; updates to the GIADA OnDemandtraining portal which offers dealers a digitaloption for education and industry updateswhich will soon be made available to GIADA members during non CE periods; andquite a few updates on our efforts from thelegislative team that is constantly fightingfor dealer rights in the state of Georgia.Regarding our legislative team, I was verypleased and sincerely proud of our association’s representation at the NIADA 2016National Leadership Conference and Legislative Summit in late September. More than180 NIADA dealers and industry leaders,16 from the GIADA, attended the Washington D.C. event. Our delegation met withevery Georgia congressmen. We held significant discussions with these legislatorson important topics such as the ConsumerFinancial Protection Bureau, open recallsand their effects on consumers and autodealers, and several regulatory issues. Asthe largest state association, our Georgiadelegation was very visible in Washingtonand very well received.Your legislation committee is ramping upto get ready for the Legislative Session beginning after the first of the year. GIADAwill always work hard to make sure that theselling environment in Georgia isn’t overregulated. For over ten years, GIADA hashad the strongest lobbyist and governmentaffairs team, making Georgia one of thebest states to operate in as a used car dealer.The start of 2017 will bring a number of exciting updates to publications and information made conveniently accessible throughmultiple avenues. We have brought in PeterSalinas, former editor of Used Car Newsand Dealer Business Journal as an IndustryCommunications Specialist, to provide thekind of grass roots compositions that youwill find both interesting and relatable. Independent Auto Dealer magazine will besent out each month. We will continue tosend out six print versions, and we will addsix digital-only versions as well. Look formore self-produced content not only aboutissues important to car dealers on a national level, but even more issues, news, andfeatures articles for and about members inour home state! We’ll also be rolling out additional email campaigns with interestingnews, hot topics, education, training andcompliance tips, as well as breaking newswhen it occurs.Keep an eye out for a number of free training classes that will continue to be madeavailable throughout the upcoming year,including Title and ETR Training classesas well as vendor-taught specialty trainingand product launches. Our state of the arttraining room will be a hub of education,training, and camaraderie .We plan to finish the year with around2,500 dealer and associate members, andour goal is to grow that number significantly during the coming year. Please know thatif you need any assistance in licensing, titlework, legal and regulatory compliance, orany other needs, we are here to serve you!Thank you for making us the largest stateIADA in the country!On behalf of our GIADA staff and Boardof Directors, we want to wish you a veryhappy holiday season and a safe, successful,and prosperous new year!

oFTip THEMonthUsing Social Mediato Boost Sales:There is no better way to targeta specific audience than socialmedia. Facebook, Twitter, Google ,YouTube and LinkedIn are all greatways to find customers looking topurchase a car. A dealership shouldinvest at least one to two hours perday into social media to increasesales. This means daily posting,responding to potential buyers andpurchasing targeted ad campaignsto solicit potential buyers. Likemost advertising not everythingwill work, but being consistentand measuring your successwill certainly increase sales.AMAC offers financing to qualified BHPH dealerslooking to expand their business.What’s included:Funding for ReceivablesYou Collect or We CollectFloorplan LinesSimplified Insurance TrackingReports PackageTrainingBulk Roll in for Existing ContractsCash Flow from PaymentsAce Motor Acceptance Corp. (AMAC) specializes in supplying capital to BHPH dealers. OurBHPH in a Box program provides capital to fund contracts and floorplan lines of creditto purchase inventory. By offering both, AMAC improves your cash flow by allowing you topay off your floorplan when the deal is funded. We understand what it takes to grow yourbusiness. AMAC allows you to maintain your customer relationship, leading to increasedrepeat and referral business. Instead of selling off your portfolio or doing an expensivepayment stream, AMAC has a superior program that allows you to retain strong monthlycash flow from customer payments. We approve you, not your customer. The BHPH in aBox program is the most complete program in the industry. To learn more call AMACtoday at 704-882-7100 ext. 7509.Acemotoracceptance.com704-882-7100 ext. 7509

NIADA HIGHLIGHTSHigh-Energy National LeadershipConference Proves SuccessfulBY PETER A. SALINAS, GIADA COMMUNICATIONSThe 2016 National Independent Automobile Dealers Association National Leadership Conference and Legislative Summitin Washington D.C. held in late Septemberproved to be a true success. Over 180 dealers and industry leaders, including 16 fromthe GIADA, fanned out across Capitol Hillto bring attention to issues and concernsfrom small business owners working in oneof the nation’s largest industries.This was one of the highest rates of attendance for IADA members that came together to meet with even more federal legislators and regulators than ever before.“It was a high-energy event,” said Paul John,executive director of the GIADA. “I believewe met with every House and Senate officerepresenting Georgia, and in most cases wemet directly with the elected official.”John Haliburton, partner with the governmental affairs consulting firm Thrash-Haliburton, which represents the GIADA, saidevery association member is impacted significantly not only at the state Capitol butby our federal agencies and the Congress inWashington D.C. as well.“We met with almost every one of our Congressmen from Georgia,” Haliburton said.“Every single official we met with are on ourside and are fighting for our industry beforeour federal agencies with the agencies’ hurtful regulations over the last eight years.”Haliburton added that the Georgia representatives said the topic of vehicle recalllegislation was discussed at length.“We hope to add more Republicans to theU.S. Senate to pass the legislation reformingthe Consumer Financial Protection Bureau,”Haliburton said. “The House has passedit multiple times, but it continues to getstopped by Democrats in the U.S. Senate.”NIADA leadership was very pleased with6 GIADA Independent Auto Dealer NOV/DEC 2016this year’s event. “NIADA’s footprint inWashington was by far the largest it’s everbeen,” said Shaun Petersen, NIADA seniorvice president of legal and government affairs. “In the four years since we began doing this, we’ve seen it grown exponentially.When we told people we had 180 dealers in14 teams on the Hill, it really opened someeyes in Congressional offices. That’s because of the commitment of NIADA members to be in Washington and make suretheir voice is heard.”Lee Cavender, owner of Cavender Auto inGainesville, GA and GIADA LegislativeCommittee Chairman proudly attendedeach of the meetings. Cavender said hewas proud that Georgia’s dealers were sowell-represented. “We met with nine congressman and Georgia U.S. Senator JohnnyIsakson,” he said.Cavender also discussed the Consumer Financial Protection Bureau (CFPB) at lengthwith legislators.“Everyone wants consumers to be protected from unfair business practices,” he said.“There does, however, have to be checksand balances. Currently, the CFPB has nooversight. In many cases, they are making rulings and decisions that are not wellthought out.”He pointed to recent CFPB fines levied ondealers across the country that have put someout of business, and were definitely onerous.“They have put some out of business forminor or perceived errors, when a warningwith follow-up to ensure changes are madewould have sufficed,” he added.He said that legislators are working at killing a CFPB ruling that eliminates bindingarbitration and allows class-action lawsuits.“The average plaintiff in a class-action lawsuit gets 32 while the trial attorneys earnbetween 35 million to 46 million. Obviously, that is a business model that helps attorneys but doesn’t help consumers.”Cavender noted that the Georgia contingent made it clear to the legislators that theused vehicle industry is over-regulated, andneeds thoughtful legislative action.In addition to the CFPB, NIADA recalledthe state delegations focused heavily on theissues of automotive recalls. NIADA notedthat dealers urged Congress to reject callsfor a complete ban on sales of vehicles withopen recalls and pointed out that independent dealers, by law, cannot make recall repairs and grounding those vehicles wouldhave devastating effects on small businessesand consumers. NIADA CEO said the national association would continue its effortson behalf of members.John Haliburton speculated that the topState Capitol issue, in Georgia, is the TitleAd Valorem Tax (TAVT) and the association is doing its best to avoid hurtful policies and tax increases on its members andconsumers. This is the biggest issue facingour members at the state or federal level.He also added that the GIADA works diligently with the NIADA along with theirown lobbyists and dealers to ensure the bestpossible economic, legislative, and regulatory environment for its members,“We work hard to make sure all dealers inour state have the best opportunity possibleto operate a consumer-friendly and profitable business,” John said.The efforts from all of those involved havenot gone unnoticed. “I’m excited to see thisLeadership Conference grow and succeedas it becomes a critical component of NIADA’s government affairs initiative,” Jordansaid. “Shaun Petersen and his team did aphenomenal job this year building on themomentum we’ve created since we broughtthis event back to D.C. in 2013.” n

HiramAndy Turner, Mgr.Melissa Johnson, Mgr.HiramJames (Bo) Walker, Mgr.GIADA Independent Auto Dealer NOV/DEC 2016 7

COMMUNITYGIADA Reaches Out to Neighbors in NeedBY PETER A. SALINAS, GIADA COMMUNICATIONSDwayne Tambling’s home stood on the family estate for six generations in St. Amant,LA, and never had flood waters come closeto the home. Then, in mid-August, a one in1,000-year, three-day rain storm inundated the region and filled tens of thousandsof homes in the Baton Rouge region withnearly head-high muddy waters.The Tambling family, like so many others,watched the unprecedented storms withraised eyebrows, but didn’t expect the watersto rise as much in such a wide area so quickly.Dwayne Tambling has been the executivedirector of the Louisiana IADA (LIADA)for two years. He has spent more than 34years in the automotive business, includinghis previous time as a manager at the No. 1Toyota dealership in Louisiana, Price Leblanc Toyota in Baton Rouge.After attending an LIADA meeting aboutfour years ago, he joined the board of directors as vice president. He took over as executive director when the association hadgone through some troubled times, and wasdown to fewer than 100 members. “Therewasn’t much happening during that year, soI offered to take on the position of executive director,” Tambling said.Since then, with some hard work andsome assistance of the NIADA and Georgia IADA (GIADA) executive director PaulJohn, membership has more than tripledand the association continued to grow as itbegan hitting its stride.That’s when the floods came and destroyedTambling’s home and severely damaged theLIADA offices. Nothing but a roof and foundation were left usable of Tambling’s home.The LIADA office, located across the streetfrom Tambling’s home, suffered water damage and equipment loss. The office is still inneed of a new computer and furniture.John took immediate notice to Tambling’smisfortune. During the recent NIADALeadership Conference and LegislativeSummit, the associations’ leadership also8 GIADA Independent Auto Dealer NOV/DEC 2016Dwayne Tambling, left, Louisiana IADA executive director, and his wife Rebecca, lost theirhome to the major floods near Baton Rouge, LA, in mid-August. Georgia IADA ExecutiveDirector, Paul John, right, recently presented the couple with a 33,000 check with fundsraised by the NIADA, IADA state executives, and NIADA associate members.held its fall board meeting, and John soughta way to help out.Steve Jordan, CEO of NIADA pledged thatthe association would match up to 5,000to assist Tambling in the efforts to rebuildhis home and LIADA offices, and the donations came rolling in. Not only did the stateassociations offer donations, leadershipoffered private donations as well. SeveralNIADA associate members made donations as well. In total, more than 33,000was raised. John presented the check toTambling during the LIADA’s recent annualconvention.“We were all proud at the outpouring ofsupport for our colleague,” John said. “Notably, Lori Kahre from NextGear and Howard Polirer, from, bothCox Automotive companies, made a largedonation and we are greatly appreciative.”“Community outreach is a core Cox Automotive value that brings us together asa team across all business groups and geographies,” said Michele Blondheim, theDirector of Community Relations at CoxAutomotive. “It’s also a value we sharewith our clients. We are proud to partnerwith organizations that work tirelessly toprovide disaster relief to the communities in which we live and work. In partnership with the NIADA and the NIADAFoundation Board, Cox Automotive issupporting flood relief efforts in BatonRouge, LA, specifically to help repair theLouisiana Independent Auto Dealers Association headquarters.”Tambling was very appreciative of thesupport for both the association and hispersonal welfare. “Your generosity inthese difficult times is overwhelming,”Tambling said. “We are all still in shockat the amount. Please know how gratefulwe are to each of you, and how much thismeans to us. Your kindness and generosity will help get us back into our home. Weare feeling very blessed.”

COMMUNITYto its membership. “The NIADA Foundation, with the support of our family ofstate associations and industry partnersacross the country are honored to assistyou and your family as you all rebuild,”Jordan wrote of the donations. “I am especially thrilled that our Foundation ispositioned to invest in leaders like yourself as you continue to thrive in the faceof adversity.”He said he’s worked diligently for the pastthree years to grow the association, andis grateful for the opportunity. “Throughout the last several years I have becomefriends with all of you guys,” he said ofthe NIADA and member associationleaders, “If it wasn’t for you guys, I wouldnot be here today.”Jordan praised Tambling’s efforts to growthe LIADA and provide excellent servicesTambling said it is a difficult position,to be in need, as he has been self-reliantsince he was 16 years of age. “Their showof support means so much to our family,”he said. “It is a huge relief off our shoulders, and will go a long way to put us toward getting back into our home.”Incoming LIADA President Kevin Reeves,owner of Dixieland Autoplex, which includes two lots in Baton Rouge, LA, saidso many in the region have been devastated by the floods, and it is heartwarmingto see the associations’ leadership step into help both Tambling and the LIADA.“Three years ago the association was ina mess,” Reeves said. “With Dwayne asexecutive director and a dedicated board,we have gotten membership up to morethan 350. I can say I’ve been good friendswith Dwayne.”Outgoing LIADA President Eric Stoddard,a manager of Don’s Automotive Group, oneof the largest independent dealerships inLouisiana, said that everyone has had todeal with the floods and it has been difficult.“Dwayne has been instrumental in getting our association operating effectively,”Stoddard said. “We were able to get all of finances in order, and were able to start generating revenues again, so we could provideexcellent service for our dealer and associate members.” nGIADA Independent Auto Dealer NOV/DEC 2016 9

4712 Flat Creek Road, Oakwood, GA 30566Phone: 770-532-4624 / Fax: 770-534-3578DEALERSHIP NAME:4712 Flat Creek RoadOakwood, GA 30566AUTHORIZED BY:Website: www.oakwoodaaa.comDATE:10 GIADA Independent Auto Dealer NOV/DEC 2016Expires 12/31/17

DEALER DISCOUNTS7 Revisions to FTC’s Buyers GuideBY AUTOREMARKETING STAFFIn a development relevant to dealerships ofall sizes, the Federal Trade Commission onThursday announced final amendments toits Used Car Rule.The FTC sought public comments on aseries of proposed changes to the rule —formally known as the Used Motor Vehicle Trade Regulation Rule — that requiresdealers to display a window sticker, or“Buyers Guide,” on used vehicles offeredfor sale.The guide discloses whether the dealer isoffering to sell a used vehicle “as is” (without a warranty), or with a warranty.If the sale is with a warranty, the FTC explained the guide discloses the terms andconditions, including the duration of coverage, the percentage of total repair coststhe dealer will pay and the vehicle systemsthe warranty covers. In states that do notpermit “as is” used-vehicle sales, the regulator pointed out dealers must use an alternative guide that discloses whether the sale iswith a warranty or with implied warrantiesonly.In December 2012, the FTC sought public comments on proposed changes to theBuyers Guide as part of its systematic review of all of the agency’s rules and guides.In response to comments received, theagency sought comments on additionalproposed changes to the Used Car Rule andinvited comments on alternative approaches that public commenters proposed forthe vehicle history disclosure and the “AsIs” statement.As announced on Thursday, the FTC is revising the Buyers Guide by:1. Changing the description of an “As Is”sale.2. Placing boxes on the face of the BuyersGuide that dealers can check to indicate whether a vehicle is covered bya third-party warranty and whether aservice contract may be available.3. Providing a box that dealers can checkto indicate that an unexpired manufacturer’s warranty applies.4. Adding air bags and catalytic converters to the Buyers Guide’s list of majordefects that may occur in used vehicles.5. Adding a statement that directs consumers to obtain a vehicle history report and to check for open recalls. Thestatement also instructs consumers tovisit for informationon how to obtain a vehicle history report and visit to check foropen safety recalls.6. Adding a statement, in Spanish, to theEnglish-language Buyers Guide, and advising Spanish-speaking consumers toask for the Buyers Guide in Spanish if thedealer is conducting the sale in Spanish.7. Providing a Spanish translation of thestatement that dealers may use to obtain a consumer’s acknowledgement ofreceipt of the Buyers Guide.FTC officials indicated the amended rulepermits dealers to use their remainingstock of Buyers Guides for one year afterthe effective date of the amended rule.For used dealers, the FTC offers what’stitled “A Dealer’s Guide to the Used CarRule,” which can be downloaded at: idance/dealers-guide-used-car-rule.“Fillable” versions of the Buyers Guide in English and Spanish are available at FTC vote to publish the Notice of FinalRule in the Federal Register was 3-0. nQ&AThe Federal Trade Commission (FTC) amended its Used Car Rule to update requirements for its Used Car Buyers Guide. There are s

16 ADESA Atlanta 4 A.R.A. GPS Systems 39 AutoTrader/KBB 34 Carolina Auto Auction 9 Charleston Auto Auction 12 CounselorLibrary 47 Dealers Finance 30 Frazer Computing, Inc. 40 GIADA Store 3 Interactive Financial IBC Manheim 37 NIADA CPO Program 10 Oakwood’s Arrow Auto Auction 7 Peoples Financial 33 Preferre

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