DEALERS' RESOURCE

CONTENTS

Introduction of New Executive Director                                   
_____________________________   


Reminder:  2021 Changes
to Odometer                             
_____________________
Ohio Dealer nearly $400K
settlement                                 
_____________________________      House Bill 3271                        
______________________
UPV & PC  Newly licenced
Dealers and Renewals            
______________________
Nearly $400K Ohio Settlement
______________________
Cleaning Out- New Year 
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Catalytic Converter Theft
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FTC Expands Requirements
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2022 Fuel Economy Guide
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I am excited and honored to join your organization

as the new executive director. I want to thank

everyone for your warm welcome. Also, I want to

thank Rose Morgan, staff and the board for their

support and assistance in helping me transition

into this position.

  Rose and O’dell Morgan spent decades in this

honorary position, and I have cherished the time

working along side them and Rose and I continue

to do so.

 My face may be familiar. I have worked for the OIADA and ADR of Oklahoma

since 2007.

I am humbled and excited to take on the role of executive director at OIADA, an incredible opportunity that speaks to my passions, skillset, and guiding principle. Over the last decade, I have dedicated my personal and professional talents toward making a positive change in the lives of our Automobile Dealers.  There is no denying that the last few years has been an incredibly challenging years for us all, especially our industry, but our dedicated staff continues to exceed expectations, finding innovative ways to support our dealers through the pandemic.  We have all worked together to keep the wheels turning. Thank you for your generosity, and continued support in the association. Your support has never been more critical to fulfilling our mission. I am confident that with you by our side our industry will continue to thrive and emerge from this crisis stronger than ever.

 

  A little background on myself:  At an early age my parents exposed us to a whole different world.  Different Countries. Different Religions.  Different Cultures.  At the time they were shamed by many with questions of “why would you take your children into such dangerous country.”  “How could you risk their safety like that?”  But you see… we never saw it like that. We lived in countries where the freedoms and security we have here were not.  I learned quickly about how blessed we truly are.  We learned valuable lessons. With every move to a different country my parents make sure of a few things, and we were told…” you respect their culture, you respect their religion, you respect their language, and always keep your eyes open so you can see how blessed you are as an American.”  Those words never left me. Even on my worst day, I’ve seen worse.  I am truly blessed to wake up every day in this country.  Every plane trip home to Oklahoma we would cry at the sight of the American Flag at the airport when we landed.  The sight of that flag was home, it was freedom.  We did not have to read about it in our history books.  We did not have to hear about it in Grandpa’s stories of the war.  We did not see it on the TV.  We felt it in our hearts. We had lived and seen the difference.   Not a day goes by that I don’t remember those people, those children, those faces, those cultures and those countries.  They are forever a part of me. I am truly blessed as an American. So you can see my passion for America started young.  The American Dream is still alive in this county and in so many of you.

On the walls of the OIADA office reads “Our Mission; Your Success” and it so incredibly true.  May that statement stay with you when you think of us.

 

Nobody panic!   Rose is still here guiding me and you.  She is concentrating more with the Automotive Dealer Resources of Oklahoma in her efforts to still bring you compliant forms, tags, and supplies.  You may notice a few changes in the appearance of invoicing and revision in contact as we advance to new software systems.  I am here for you in any adjustments.

 

I look forward to each and every one of you moving forward with me in the Oklahoma Independent Auto Dealers Association. 

Thank you again for your support.

Amber Snook

OIADA New Executive Director
Amber Snook

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Image by Scott Graham

Proposed

Legislation

 

House Bill 3271          by:Mize

House Bill 3271 would ammend the name of the UMV&PC to "Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission" and increase full time employees from 12 to 15.

Read the full bill here 

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OIADA 
813 NW 34
Moore, OK
1800-346-4232
405-232-2947

CONSUMER ALERT: Changes to Odometer Disclosure Requirements.
Model Year 2011 or newer vehicles will only be exempt from the odometer rules after 20 years.  To comply with Federal law, anyone transferring ownership of a Model Year or newer vehicle will be required to provide an odometer disclosure to the new owner.



 

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Federal requirements for odometer disclosures

  • The seller of a vehicle must disclose the odometer when they transfer their ownership in a vehicle. The buyer must sign and acknowledgment of the mileage disclosure given.
    • At least one owner shown on the title must make their disclosure on the actual title. The buyer must sign the title, acknowledging the disclosure on the same title. Other buyers must make disclosures on controlled secure forms which contain security features that meet federal requirements.
    • Vehicles with “not readable” odometer readings are still subject to federal odometer requirements


Exemptions from odometer disclosures 
Based on age of vehicle .  See Chart Above.*
   • Vehicles with a manufacturer’s gross vehicle weight rating over 16,000 pounds

.  • Snowmobiles

.  • ATVs (all-terrain vehicles).
   • Vehicles that are not self-propelled

. • Vehicles not equipped with an odometer at the time of manufacture.

  • Unrecovered stolen vehicles.

  • Title transfers that only add or remove a security interest

. • Title transfers when at least one of the registered owners is staying the same, except   when the title submitted is from out of state.

•  Replacement title only

 

. * DMV will record voluntary odometer readings only on vehicle types that are required to disclose odometer readings under the federal odometer law. A voluntary odometer reading must be provided on a document submitted to DMV in connection with a title transaction and must include the date of the reading.

Contents of disclosure

The odometer disclosure must contain all of the following

 • The odometer reading at the time of transfer

 • The date of transfer.

• The vehicle identifiers, including the year, make, model, body style, and vehicle identification number (VIN)

. • The printed name and current address of the seller, and the signature of the seller. If the seller is a business, the printed name of both the business and the person signing for the business shall be included.

• The printed name and current address of the buyer, and the signature of the buyer acknowledging the disclosure made by the seller.

 A certification as to whether the reading represents the actual mileage, mileage in excess of the odometer’s mechanical limits, or does not represent the actual mileage.* * Voluntary odometer readings may include an odometer message that states to the best of the person’s knowledge that:

  •  The mileage stated is in excess of the odometer’s mechanical limits

  •   The reading does not reflect the actual mileage; or •

  • The odometer is not readable.

 Multiple sales of a vehicle Federal odometer law requires an odometer disclosure between buyer and seller for each vehicle sale. However, DMV requires submission of only two odometer disclosures

: • The disclosure between the owner of record shown on the title and the first buyer, and

• The disclosure from the last seller to the last buyer (applicant for title).

 

More than one owner on title

If there is more than one owner on the title, DMV requires an odometer disclosure from only one owner. A disclosure from that owner/seller may also include a release of interest for that party. DMV must still receive a release of interest from all owners.

Providing copies to buyers and sellers

Dealers must always provide copies of odometer disclosures to all buyers and sellers of vehicles that they acquire or sell. This may mean taking photocopies of the front and back of the title or other state-issued forms.

 

Out-of-state title

If a dealer obtains a vehicle with an out-of-state title, the owner shown on the title must have made a disclosure on the title itself. If the owner did not disclose on the title, the dealer must attempt to obtain the required disclosure, the dealer must provide a statement explaining why the disclosure is not on the title and why it is not available.

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Near $400K Settlement for Ohio Dealer shows employment compliance pitfalls

 BHPH Report Staff and Compliance expert Randy Henrick, shared a costly example of how not following federal statues when making personal decisions can inflict significant financial pain on independent and BHPH dealers.  According to Henrick an Ohio dealer has agreed to pay a settlement of $390K to three employees for a lawsuit brought by the federal Equal Employment Opportunity Commission (EEOC).  

In addition to paying the $390K to three former employees, the dealer must report all hiring and termination decisions to the EEOC for the next 2 years as well as attending an established training program aimed at preventing age discrimination.  The dealer also must post notices of the settlement in conspicuous locations.

Here is the scoop... The dealer refused to hire a former employee because of her age (52) and terminated two sales employees because of their ages (67 and 70).  

This conduct violated the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination in employment against people who are age 40 or older.

 

Be prepared to document in detail your reasons for terminating or failing to hire any such person.   Train your employees on age discrimination which extends to the terms and conditions of employment such as promotions, compensation, and workplace policies.

Now would be good time to update your policies and practices.

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The new year has arrived!  It is time to close out books for the old year and make preparations for the new.  For many of you, that will include disposing of customer and employee records that have exceeded their retention dates.  it may also mean replacing older computer equipment with new.  As with most things in the used car business, however, the federal government has "Rules."  Two "Rules" in fact, governing disposition of personal information, whether stored on paper or in a digital format.  The Rules say you cannot just throw certain records in the trash. 

All institutions under the Federal Trade Commission's FTC jurisdiction that hold consumer report information are subject to the Disposal Rule.  In addition, all financial institutions under the FTC's jurisdiction are subject to the Safeguards Rule with regards to nonpublic personal information.  (If your dealership is involved in the consumer credit process than you are considered a financial institution for purposes of this Rule.  Accepting credit applications and/or referring applicants to specific third-party lenders and activities considered to be involvement in the credit process.

For purposes of these two Rules, sensitive consumer information is much more than just an individual's social security number.  The Disposal Rule dictates that any information compiled listing of information, based upon or drawn from Consumer Reports must be disposed of in a specified manner.  The information may be relevant to employees or to customers.

The Safeguards Rule is concerned with personally identifiable financial information, whether presented individually or in a compiled list.  This information includes any information a consumer provided to you in order to obtain credit, as well as any information regarding or referencing that credit. 

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Cleaning Out The File Cabinet?

Examples of sensitive consumer information cover by the two Rules include:

  • Consumer Report information for employees or customers.

  • Information they provide to you on an application to obtain credit.

  • Customer account balance information.

  • Customer payment history.

  • Any information about our customer if it is disclosed in a manner that indicates that the individual is or has been your customer in a credit transaction.

In accordance to with the Disposal Rule, paper or hardcopy records containing sensitive consumer information should be burned, pulverized, or shredded so that the information can not be read or reconstructed.  Digital records should be erased or the media physically destroyed. Be aware that deleting a computer file is not adequate destruction.

So this year when you are ready to clean out files, remember -  you can't just throw them away.  The federal government has "Rules". 

Note:  this article is provided for informational purposes only.  It is not legal advice. For legal advice, consult an attorney.

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Catalytic converter theft increasing in Oklahoma City despite new regulation of their sale

Jana Hayes

Oklahoman

Oklahoma City police say catalytic converter theft has increased in Oklahoma City, despite a new law making it harder than ever to resell them.

Starting Nov. 1, scrap metal dealers in Oklahoma were no longer allowed to buy a catalytic converter without proof the seller owns the car it was taken off of, along with a signed declaration from the seller stating they are the owner. 

Lawanda Grayson, owner of All Metals Recycling, said around six people a day come in trying to sell a converter without the required proof of ownership.

An external piece of a vehicle's exhaust system, catalytic converters contain precious metals like platinum and are an easy target for thieves who can sell them for up to $1,000 to a metal recycler. Vehicles in parking lots are most often the victims of this theft, OKC police said, and prevention is difficult.

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FTC Expands Requirements Impacting Dealers

Late October the Federal Trade Commission (FTC) announced its expansion of the Safeguards Rule to better protect consumers financial information from cyberattacks and security breaches. 
These "Rule Requirements" will take effect and Dealers will need to comply likely by the end of this year.  

*SECURITY FOR WRITEEN PROGRAMS

*ONE QUALIFIED EMPLOYEE

*LESS THAT 5000 CUSTOMERS

*DEFINE FINANCIAL INSTITUTION 

*REPORTING DATA BREACHES

*WHAT SHOULD YOU DO ?

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2022 Fuel Economy Guide Now Available

Federal law requires new-car dealers to provide the Guide to Customer upon request.

The U.S Department of Energy and Enviromental Protection Agency have just released the 2022 Fuel Economy Guide.  The guide provides detailed fuel economy estimates for model year 2022 light-duty vehicles, along with estimated fuel costs and other information for prospective purchasers.  By Law dealers must display the GUIDE and provide copies to customers upon request.

Visit the site here to download your Fuel Ecomomy Guide.

Seven Reasons to Join Your State Independent Automobile Dealers Association
by USED CAR NEWS
1)  EDUCATION
2) REPRESENTATION
3) NETWORKING
4) REPUTATION
5) SAVINGS
6) CONSUMER ADVOCACY
7) COMMUNITY SERVICE

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