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LEGAL EXPOSURE

Is Your Dealership Exposed? Does Your Staff Really Know What It Takes To Protect The Company Against Legal Troubles?

How certain are you that your staff...

  • Always fully disclose all necessary information to customers?
  • Always execute all paperwork completely and fully?
  • Never create or participate in a hostile work environment?
  • Always sell vehicles at the advertised price whether the customer knows of the ad price or not?
  • Never over-allow or raise the selling price to cover negative equity on trade-ins?
  • Never add sub-prime acquisition fees to the selling price of a vehicle?
  • Always provide a copy of the written privacy policy to sales customers?
  • Always check OFAC's SDN list before conducting business with all customers?
  • Always provide adverse action letters to customers when needed?
  • Always report cash transactions over $10,000
  • Always send timely Rescission Notices when necessary?
  • Never backdate re-written contracts?
  • Always charge the correct fees?
  • Always properly disclose deferred downpayments?
  • Always properly disclose prior vehicle history?
  • Always comply with foreign language translation requirements when necessary?
  • Never run credit checks without proper authorization?

More importantly, are you certain that these activities NEVER occur at your dealership?

  • Harassment
  • Discrimination
  • Payment packing
  • Falsifying credit applications
  • Forgery
  • False or misleading advertising
  • Power booking
  • Straw purchases
  • Deceptive business practices

Does your dealership...

  • Have a written Compliance Code of Ethics?
  • Have a written Anti-Harassment Policy?
  • Provide regular harassment prevention training to employees?
  • Have written Information Safeguards Program?
  • Have a written Identity Theft Protection Program?
  • Have a Social Media Policy?
  • Post both sides of the Buyer's Guide on all used vehicles, including demos and unwinds?
  • Provide customers with proper contact information on the Buyer's Guide?
  • Have an internal Do-Not-Call list and a written Do-Not-Call policy?
  • Have a form 8300 cash reporting policy?
  • Rely on third party vendors to determine whether advertising violates the law?
  • Send unsolicited e-mails, faxes or text messages without permission or without instructions on how to unsubscribe?
If you're not sure that you have the right answers to these questions, it's time for a Dealership Risk Evaluation Audit. It doesn't cost much, but it could save you a fortune.


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The material provided in this website is for informational purposes only and is solely intended to provide an overview of legal compliance issues relative to automotive dealerships. Dealer Compliance Consultants, Inc. is not a law firm and the information contained in this website is not to be considered legal advice. Dealer Compliance Consultants, Inc. assumes no liability whatsoever for the use of information contained in this website.

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