Tag Archive | "compliance"

N.J. Dealer Agrees to Pay $136,000 to Resolve Consumer Fraud Investigation


NEWARK, N.J. — Sansone Hyundai has agreed to pay $136,000 to resolve charges that it failed to disclose the total price of certain advertised vehicles and charged consumers for F&I products listed at “no charge” on certain leases and sales contracts,” New Jersey Attorney General Christopher S. Porrino and the state’s Division of Consumer Affairs announced on Friday.

The dealership, winner of DealerRater’s 2016 and 2017 Consumer Satisfaction Award, also agreed to change its advertising, sales, and leasing practices, including disclosing all costs and fees associated with the purchase or lease of a vehicle before consumers sign on the dotted line.

“Consumers should be able to purchase a new car without having to worry about misinformation and hidden costs,” said Attorney General Porrino. “This settlement ensures that consumers will receive transparency and honesty from this dealership, as required by law.”

The settlement was announced three days after New York’s Nissan of Rochelle, located two hours north of Sansone, agreed to pay more than $298,000 to settle Attorney General Eric Schneiderman’s charges that it willfully defrauded 298 car buyers by tacking on a window-etch programs after customers agreed to a price for the vehicle and often without their knowledge.

In a consent order with the Division of Consumer Affairs, Sansone Hyundai and its directors agreed not to add and charge for aftermarket products, such as window etch and service contracts, without the consumers’ knowledge and/or authorization, or represent to consumers that certain dealer-installed options are mandatory when they’re not.

The New Jersey dealership also agreed not to sell consumers aftermarket products that overlap or provide similar benefits the consumer has already purchased through the lease and sale transaction; accurately reflect in leases the “gross capitalized cost” as required by the consumer leasing act; provide consumers with an opportunity to review all leases and/or sales documents and/or aftermarket contracts prior to signing; and not identify the advertised prices of vehicles by reference to the MSRP sticker, when the vehicle includes an addendum to the MSRP sticker that reflects a higher total price.

The dealership must also comply with all applicable state and/or federal laws, rules, and regulations, including the Consumer Fraud Act, the Motor Vehicle Advertising Regulations, the Automotive Sales Regulations, and the Consumer Leasing Act, according to the consent order.

“Dealerships must fully disclose all costs and fees associated with the purchase or lease of a vehicle before consumers sign on the dotted line,” said Steve Lee, director of New Jersey’s Division of Consumer Affairs. “We will continue to enforce the laws and regulations in place to ensure consumers have the facts they need to make informed decisions.”

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‘Total Loss Protection’ at Center of NY Dealer’s $298K Settlement With State AG


ALBANY, N.Y. — Nissan of New Rochelle will pay more than $298,000 to settle claims that the dealership willfully defrauded 298 car buyers of a total of $276,127 by tacking on a window-etch program that included a “Total Loss Protection” benefit after customers had agreed to a price for the vehicle and often without their knowledge or consent, Attorney General Eric Schneiderman announced this week.

In addition to refunding the cost of the product, which varied from $215 to more than $5,000 per vehicle, the dealership’s owners have agreed to pay the state $22,084 in penalties, fees and costs. They also agreed to “certain reforms” of the dealership’s sales and F& processes.

“Consumers should not have to worry that they are being scammed into adding on bogus products and services when they purchase a car,” Schneiderman said. “Buying a car is already a major investment for many families, and tacking on thousands of dollars extra can become a significant financial burden. I am pleased that we are able to return hundreds of thousands of dollars in restitution to the nearly 300 consumers who were scammed and defrauded.”

According to Schneiderman, his office’s investigation into the 2015 complaint revealed that the product, described as a window- and windshield-etch program backed by a $3,000 or $5,000 guarantee against theft, was deceptive or outright fraudulent on at least three counts — tacking on the cost of the product without customers’ knowledge being one of them.

The regulator also charged that conditions and limitations related to the guarantee made it “essentially worthless.” The regulator noted that only one car buyer was issued credit under the program. The attorney general’s investigation also revealed that the “etching” of each vehicle’s VIN was actually a sticker affixed to the inside of a door or doorjam, and in many cases was not performed at all.

As part of the settlement, Nissan of New Rochelle’s directors have agreed to include full disclosures and explanations for each product and express consent on the car buyer’s part before any products can be added to the deal, according to the regulator’s statement.

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TDC Launches Virtual Compliance Training For A Fraction Of The Cost


NEW YORK — Total Dealer Compliance (TDC), a car dealership compliance-auditing firm, today announced the launch of its Virtual Compliance Training platform. This online training solution will help car dealers mitigate risk faced by proactive regulators, creating a culture of compliance at a fraction of the cost. With TDC charging roughly 80% less than their competitors, these Virtual Compliance Training modules will provide affordable access to training, enabling car dealers to be fully compliant with Federal regulations across Sales, BDC, F&I, Fixed Ops, HR, and IT departments.

There are approximately 17,540 franchised automotive dealerships in the United States, while used car dealerships almost triple that number, increasing the need for compliance. TDC’s virtual compliance program comes at an impactful time for dealerships looking to strengthen their reputation and incorporate a culture of compliance without breaking the bank. Compliance is essential in today’s car dealership environment. TDC offers a unique, simple and comprehensive approach that generates fast results and stands above competitive offerings.

“With both the FTC and OSHA increasing fines for compliance violations, the cost for non-compliant car dealers average $792,000 loss per year in profit”, said Max Zanan, President of Total Dealer Compliance. “Car dealers should proactively seek a solution that provides peace of mind and promises defensible proof of compliance to both auditors and executives.”

TDC’s Virtual Compliance Training is readily available to all dealerships and includes the following:

  • Comprehensive Online Training modules for each department and employee of the dealership
  • Cloud-based e-learning platform with analytic reporting
  • End of Course Assessment and certification

TDC’s Virtual Compliance Training costs are based on user/employee headcount:

  • Up to 25 employees – $699 annually
  • Up to 50 employees – $1,299 annually
  • Up to 100 employees – $2,499 annually

“As the nation’s leader in auto dealer compliance solutions and services, we are so proud to finally be able to provide this robust compliance training online and at a much lower price point then our competitors,” said Zanan. “Compliance is essential to today’s dealership environment – with our courses updated throughout the year and both affordable and easily accessible, we are excited to help car dealers safeguard their business, mitigate risks, and increase their profits.”

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Compliance Auditing Firm TDC Forms Strategic Partnership With Accelerated Service International


NEW YORK — Total Dealer Compliance (TDC), a car dealership compliance-auditing firm with an E-Learning Platform, today announced it has entered into a strategic partnership with Accelerated Service International (ASI), the industry leader that provides innovative products and superior service to its customers, dealers and agents, to mitigate the risks a car dealer faces from regulators.

The strategic partnership will provide a comprehensive solution to ASI’s general agents and dealerships across North America to create a culture of compliance that will proactively reduce exposure from federal regulations within Sales, BDC, F&I, Fixed Ops, HR, and IT departments. Additionally, increased compliance results in transparency and improves customer experience. Total Dealer Compliance’s e-learning platform, which boasts over 20 online courses, will be available to ASI’s family for continual education and certification.

“Accelerated Service International has been focusing on automobile dealerships, financial institutions and the agents who serve them, for over 20 years. We’ve built our reputation on tailoring our expertise to fit the business needs of our clients which is why we are delighted to partner with TDC,” said Peter Masi, President and CEO of ASI. “We believe that our combined approach and complementary operations will showcase our commitment to service over 200 general agents and 2,000 dealerships across North America.”

“As the national leader in auto dealer compliance solutions and services, this partnership is a natural extension of our existing business relationship and we are delighted to form this strategic partnership,” said Max Zanan, President of Total Dealer Compliance. “By combining our strength and resources, we look forward to providing a comprehensive solution for car dealers to ensure compliance with Federal regulations, while bringing the best-quality services to our customers.”

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Randy Henrick Joins Mosaic Compliance Services


TAMPA, Fla. — Attorney and compliance expert William Randolph “Randy” Henrick has joined Mosaic Compliance Services LLC as vice president and compliance counsel, the company announced.

Mosaic’s cofounder and president, attorney James S. “Jim” Ganther, said he expects “great things” from Henrick, who joins the company with more than 20 years of experience in the consumer finance, compliance, bank regulatory and privacy and data security segments.

“Randy’s résumé speaks for itself, but it falls short of mentioning that he is, without question, one of the nation’s foremost compliance attorneys,” Ganther said. “We are extremely pleased to welcome him to the Mosaic family, and his presence has already begun to pay dividends for the company and our clients.”

Henrick most recently served as associate general counsel for Dealertrack Inc., where he authored 11 editions of the Dealertrack Compliance Guide. A prolific writer and speaker, Henrick has contributed to a number of industry publications and events, chaired the New York State Bar Association’s Consumer Financial Services Committee, and served as a panelist at an auto finance panel convened by the Federal Trade Commission, among other honors.

“I wanted to join Mosaic because they are an industry leader in making compliance training and compliant aftermarket product selling training available to dealers of all types,” Henrick said. “I look forward to working with dealers and providers to find and help them address the growing number of legal and regulatory issues they face and, by doing so, helping them be more successful in their businesses.”

Mosaic Compliance Services offers compliance and training tools to automobile, RV, motorcycle and marine dealerships. To learn more, visit Mosaic-Compliance.com.

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RouteOne’s Econtracting Platform Now Features Remote Document Delivery


FARMINGTON HILLS, Mich. — RouteOne announced the launch of remote document delivery, a new technology that securely and compliantly gives consumers electronic access to their econtracted documents. The new feature also reduces printing costs and paper shuffling for dealers.

Econtracting was supposed to usher in the paperless deal, but paper has remained part of the process due, in part, to regulations that require that dealers provide consumers with copies of their contracts. With RouteOne’s remote document delivery technology, the need to print review and final copies of retail and lease contracts is alleviated.

Now with a click of a button and the consumer’s email address, dealers can send their customers a secure link to access their files. As an option, customers can review the documents in the dealership on their own smartphone or tablet. They can also log in at home to review, save or print them for later reference.

“We listened, we heard and we responded,” said RouteOne CEO Justin Oesterle. “Our dealers told us they love econtracting, but they wanted less paper. Remote document delivery came from listening to our customers. We often refer to RouteOne as the company that is ‘Designed by Dealers for Dealers,’ and this is a great example of how we strive to make that happen.”

The new technology, led by Toyota Financial Services and Ford Motor Credit, is now available on the RouteOne econtracting platform at no additional charge. According to officials, RouteOne will continue expanding the documents available in remote document delivery.

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