AUTOCAP provides a non-confrontational resolution to dealer/customer disputes (1-800-342-9208)
Competitive Premiums and Your policy comes with FREE customizable tee signs, FREE shipping and a FREE bonus prize package worth $1,750 for your other par 3 holes. For a few dollars more you can upgrade to the Platinum prize package, worth over $4,500. Plus we offer flexible yardage requirements, prize value coverage up to $200,000 and unlimited target hole reimbursement. For a free no-obligation quote click here.
Dealer Education in the form of bi-weekly Webinars together with periodic seminars covering such topics as: environmental issues, DMV Compliance, Wage-Hour, Sales Tax, Advertising Regulations, Manufacturer/Dealer Issues and much more, For information on our latest webinars, call Peter Marthy at 518-463-1148 ext. 206
Express Duplicate Title Service
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The Group Insurance Trust
The Group Insurance Trust offers members a variety of insurance plans including medical, dental, disability, life as well as Long Term Care, Medical Bridge, Critical Illness and Cancer coverage. For more information please contact Jeff Scardino at 518-463-1148 ext.321, or email@example.com.
SNYADS Insurance Agency
SNYADS Insurance Agency provides NYSADA's members with a Surety Bond program and Event Cancellation, Prize Indemnity (Hole In One), Weather Insurance and Special Event Liability. Call Jeff Scardino for further information, 518-463-1148 ext. 321
Safety Group 430
Safety Group 430 has been benefiting dealers for over 60 years as the largest, competitively priced and most effective workers' compensation program for franchised new car and truck dealers in New York State. Call Jeff Scardino for more information 518-463-1148 ext. 321
SNYADS Services is a source of quality products and services including forms, ad specialities, body shop supplies and logo wear. Call Jenny LaFreniere ext. 318 for all your business needs.
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Historic Win for Dealers! ALJ Says No To GM's Retail Sales Index
In a Historic win for franchised dealers in New York State a DMV Administrative Law Judge (ALJ) has decided that GM’s Retail Sales Index (RSI) was unreasonable as it does not realistically reflect the Chevrolet sales challenges that a New York Metro area Chevrolet dealer and other New York City area dealers face. The ALJ also noted that GM was not applying the RSI uniformly to all dealers in New York and thus GM lacks due cause to terminate the franchise.
GM served a Notice of Termination on the New York Metro Area Chevrolet dealer for failing to meet the agreed upon sales performance requirements. A six day hearing took place at the DMV’s Yonkers office. During this hearing the Chevrolet dealer was able to show that in 2012 there were 15 other GM dealers in New York that had RSI’s that were below or equal to this Chevrolet dealer and none of them had received termination notices. In 2013 there were 22 GM dealers that had lower RSI’s than the dealer in question and none of them in the NYC Metro area faced termination. The Chevrolet dealer argued that their RSI should be based upon the NYC Metro area GM dealers and not a state wide average. This position was supported by a letter sent by NYSADA to GM in July 2013 which was introduced as evidence on behalf of the dealer. The dealer was also able to show that their sales have almost doubled from 2009 to 2014 and yet their RSI only increased from 40.4 to 50.2 based on statewide RSI. The dealer was also able to show they were not the worst performing dealer by sales in NYC Metro area and their CSI of 92.6 was well above many other GM dealers. Therefore, the ALJ found that GM lacked Due Cause to terminate the Chevrolet dealer’s franchise based on RSI.
NYSADA would like to note that the victorious Chevrolet dealer was able to use the Administrative Hearing Process which took effect in 2008 for their victory!
The Administrative Hearing Process was the brain child of past NYSADA Chairman Jim Farley, who recently passed away. This is part of Jim’s legacy and no one would be happier than him about this dealer victory.
The Administrative Hearing Process creates a less expensive and faster system in adjudicating franchisee/franchisor disputes giving the dealers an option besides litigation. It allows dealers to enforce the franchise law in an administrative hearing. A franchise dealer can file a complaint directly with the DMV and if there is no settlement the case is heard by a DMV Administrative Law Judge. The DMV Commissioner then issues the final order. The DMV Commissioner also has the ability to fine a party for not following the final order. This fine can be enforced through a civil action. Both parties have the right to appeal.
NYSADA would also like to announce that we have just received a rough draft from the Anderson Group on our long awaited Sales Effectiveness and Market Conditions survey. NYSADA commissioned this survey in the hopes of being able to help dealers that are having problems with their manufacturer using state wide sales averages and threatening termination. This survey will soon be available for member dealers and when put together with this recent decision greatly strengthens franchised dealers position with their manufacturer when it comes to issues involving sales effectiveness.
NYSADA Request Member Suggestions for Informational Webinars/Seminars
NYSADA Education Committee Chairman, John McClurg, has asked that we reach out to the membership and ask for recommendations regarding webinar and/or seminar topics that you would find interesting and helpful. Potential topics can run the gamut from State/Federal regulatory compliance issues to business/industry relates subjects.
If you have a suggestion for a webinar and/or seminar either call or email Peter Marthy at 518-463-1148 (ext. 206) or firstname.lastname@example.org.
Join us November 18th – 22nd for our 92nd Annual Convention and Business Meeting at the Disney Grand Floridian. For more information, please call Jennifer Davis at 518-463-1148 ext. 326.
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