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Important! Pro Dealer Decision Beck vs GM
NYSADA advises New York franchised motor vehicle dealers that they should be aware of the most recent United States Court of Appeals for the Second Circuit Decision (the "Second Circuit") in the case of Beck Chevrolet Co, Inc. v. General Motors LLC (the "Beck Case") (Decided December 29, 2016) concerning the reasonableness of General Motors' ("GM") sales performance rating system known as "RSI" or "Retail Sales Index" in New York State. In order to reach its Decision, the Second Circuit had previously asked the NYS Court of Appeals to interpret the New York Franchised Motor Vehicle Dealer Act (the "FMVDA") and the NYS Court of Appeals determined that (a) GM's RSI is "unreasonable" and "unfair" under the FMVDA because it fails to account for local brand popularity or import bias and (b) a change to a dealer's area of geographic sales responsibility may constitute a negative modification to the dealer's "franchise agreement" in violation of the FMVDA if such modification is unfair and substantially and adversely affects the dealer's rights, obligations, investment or return on investment.

As a result of the NYS Court of Appeals determination, the Second Circuit directed the lower federal Court (the U. S. District Court) to (a) enter judgment for Beck Chevrolet on its claim that GM violated the section of the FMVDA that makes it unlawful for a franchisor to "use an unreasonable, arbitrary or unfair sales or other performance standard in determining a franchised motor vehicle dealer's compliance with a franchise agreement." FMVDA Section 463(2) (gg) and (b) determine whether GM's revision to Beck Chevrolet's area of geographic sales responsibility was unfair or substantially and adversely affected Beck Chevrolet's rights, obligations, investment or return on its investment in violation of the FMVDA (Section 463(2)(ff).

We want to again praise the perseverance of the plaintiff dealer in this important case, Beck Chevrolet, which resulted in the setting of these vital "dealer rights" Court holdings. An additional factor that was instrumental in obtaining the positive results against GM was the retention of the law firm Bellavia Blatt & Crossett by NYSADA to submit a "friend of the court" legal brief in favor of the dealer in the "Beck" case.

Precisely because manufacturers were using statewide metrics to measure dealer performance that failed to account for local brand popularity or import bias, NYSADA had commissioned an Anderson Economics Group expert statewide analysis and study of different buyer preferences in multiple market areas. This information was made available to every NYSADA member so that dealers could be armed with data to rebut any false allegation that it was underperforming. Additionally, another important submission in the case were many years of the NYSADA sponsored NYS Auto Outlook Quarterly reports which clearly show brand preference in specific geographic areas. NYSADA and its legal counsel will continue to monitor developments on this topic and will report any further developments to member dealers as they occur. It should be noted that NYSADA has been advised that, while GM has indicated to dealers that it plans to revise its RSI system in light of the recent Court decisions, recent GM letters to dealers have shown that GM is still utilizing RSI and statewide market share averages in some capacity to assess or measure its dealers. As such, NYSADA GM dealer members that wish to formally object to GM's continued application of the flawed RSI methodology should contact NYSADA at (518) 463-1148 and speak with Ed Richardson (210) or Peter Marthy (206).
Window Tint Added to Vehicle Inspections
Beginning January first, vehicle safety inspections must include window tint. Earlier this week, the Governor signed into law A.4106 (Assemblyman DenDekker, D. Queens), now Chapter 444 of the Laws of 2016. The companion Senate bill, S.6034-A, had been sponsored by Senator John DeFrancisco of Syracuse, the Deputy Republican Leader.

The bill is awkwardly worded, but its thrust is to prohibit window tinting “which has a light transmittance of less than seventy percent.” Vehicle & Traffic Law § 301(c)(1)(a), as amended. NYSADA had long and successfully opposed this bill on the ground that safety inspection requirements should not be increased without a supporting increase in the inspection fee. We withdrew our opposition at the request of law enforcement. Police representatives expressed deep concern about approaching a vehicle when they could not see inside the vehicle. NYSADA made the determination not to take a position that could jeopardize police safety.

The Department of Motor Vehicles is authorized to issue implementing regulations. NYSADA has been in touch with DMV to begin discussions on the implementation of this new requirement. NYSADA has asked that the inspection fee be increased in recognition of the new costs that inspection stations will incur.
 
Given that this new requirement was enacted so close to the effective date, we will impress upon DMV the need for immediate, clear guidance on implementation. We will also urge that this new law not be enforced until inspection stations have had an adequate opportunity to understand the new requirement and purchase whatever equipment may be necessary. We will provide implementation information to you as quickly as it is provided to us. If you have any questions about this issue, please contact the Association at (518) 463-1148 and speak to Ed Richardson (ext.210) or Peter Marthy (ext. 206).
NYSADA News
What is PCI Compliance? And What Does It Mean For Your Auto Dealership?
Created by NYSADA Staff in 12/21/2016 12:05:57 PM

Novera Credit Card Processing/NYSADA Partner If you accept credit cards at your auto dealership, yo... Read More..


The New Driving Force in Auto Shopping
Created by NYSADA Staff in 12/21/2016 12:09:27 PM

By Dealer Creative - NYSADA PARTNER Automotive marketing has changed drastically in just a few shor... Read More..


NYS Minimum Wage/White Collar Exemption Threshold Proposed to Increase as of December 31, 2016
Created by NYSADA Staff in 12/21/2016 12:15:34 PM

As a result of a major initiative of Governor Cuomo this year the minimum wage is set to increase t... Read More..


Compensation and Benefits for 2016/2017
Created by NYSADA Staff in 12/21/2016 12:36:27 PM

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Customer Notice of 8300 Form
Created by NYSADA Staff in 12/21/2016 12:39:06 PM

NYSADA would like to remind all franchised dealers of the suggested way to handle customer notificat... Read More..


2016-2017 Board of Directors
Created by NYSADA Staff in 12/21/2016 12:49:16 PM

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New I-9 Form Required As Of January 22, 2017
Created by NYSADA Staff in 12/21/2016 12:52:04 PM

The U. S. Citizenship and Immigration Services has revised its Employment Eligibility Verification ... Read More..


NYSADA Arranges Special Rate for Tint Meter
Created by NYSADA Staff in 12/21/2016 12:56:37 PM

It is Essential That You Order ASAP to Ensure Timely Delivery NYSADA has arranged with equipment ma... Read More..


Window Tint Added to Vehicle Inspections
Created by NYSADA Staff in 12/21/2016 12:59:53 PM

Beginning January 1st, vehicle safety inspections must include window tint. Several weeks ago, the ... Read More..


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