Column

Eye on Compliance with Jim Radogna

Transparency is Not a Dirty Word

Posted on May 14th, 2012 by Jim Radogna

Shortly after I began writing this post, an article popped up on my Google Alerts about another dealer group, accused of deceptive marketing by their state attorney general’s office, having to pony up a six-figure settlement. Not surprising at all, I’m used to seeing these types of articles on a regular basis. Another day, another [...]

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Why is the FTC Messing With Dealers?

Posted on March 19th, 2012 by Jim Radogna

Since the news broke earlier this week about the FTC citing five auto dealers for deceptive advertising, I’ve been asked a number of questions by folks in the industry. Here’s my take on the situation: What’s the big deal about advertising that the dealership will pay off a trade-in no matter what the customer owes? [...]

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Is Your Dealership Guilty of the Ostrich Syndrome?

Posted on January 24th, 2012 by Jim Radogna

As most everyone knows, ignorance of the law is no excuse. Yet, it’s clear that some dealers really have no idea if their staff is knowledgeable enough to follow the maze of rules and regulations that govern their organizations. Indeed, there sometimes seems to be a tendency for folks to bury their heads in the [...]

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Legal Lessons to be Learned from the TrueCar Discussions

Posted on December 27th, 2011 by Jim Radogna

As the TrueCar debate rages on, one thing is certain: there is going to be increased scrutiny on auto sales practices by a number of state regulatory agencies. While TrueCar has a number of challenges to overcome and may be forced to alter their business model, the real concern is how these legal issues may [...]

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The Hidden Danger of Text Message Marketing

Posted on October 19th, 2011 by Jim Radogna

Keeping the lawyers at bay used to be a whole lot easier for dealerships. Unfortunately, new technology brings new challenges. A recent high-profile lawsuit involves a large dealer group named in a class-action lawsuit for allegedly failing to honor a text message opt-out request.  The suit, launched by a former employee, is seeking damages of [...]

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Is That iPad Giveaway Legal?

Posted on October 3rd, 2011 by Jim Radogna

Sweepstakes, contests, and giveaways have become increasingly popular among dealerships. These promotions can be a great way to get word out about your company, increase your social media presence and develop leads. However, entry into a poorly considered sweepstakes or contest can be a trap for the unwary dealer.  These promotions are governed by a [...]

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Be Careful When Using Social Media in Hiring Decisions

Posted on August 29th, 2011 by Jim Radogna

It’s no secret that auto dealerships have frequently been forced to defend themselves against discrimination claims by employees and agencies such as the Equal Employment Opportunity Commission. As a result, many dealers have instituted comprehensive human resources programs to avoid potential problems. However, new technology brings new challenges. As the use of social media grows, [...]

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Does Your Social Media Policy REALLY Protect Your Dealership? (You DO Have One, Right?)

Posted on July 25th, 2011 by Jim Radogna

Chances are, since you’re reading this post, your dealership or company is involved in social media. That’s good – it’s hard to imagine how difficult it will be moving forward for organizations that have not embraced social networking. Although Social Media is relatively new (and certainly exciting), its meteoric growth has unfortunately caught the early [...]

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4 Social Media Legal Issues Dealers Can’t Afford to Ignore

Posted on June 29th, 2011 by Jim Radogna

It was bound to happen. The tremendous growth of digital marketing and social media was an invitation for government regulation. For instance, the Federal Trade Commission recently updated its truth-in-advertising guidelines, which were last revised in 1980, to address the commercialism of the Web. Federal and state regulators are taking the position that social media [...]

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Reputation Management Is Not Rocket Science

Posted on May 4th, 2011 by Jim Radogna

There are a number of good reasons for operating an ethical and legally compliant dealership, not the least of which is staying out of a courtroom.  Perhaps the most important – and most often overlooked – reason is increased customer satisfaction.  There are times when an employee may feel that he or she came out [...]

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Is Zero Tolerance Enough?

Posted on April 18th, 2011 by Jim Radogna

A recently filed lawsuit against an auto dealership accused a sales manager of sexual harassment and sexual battery against a salesperson. According to the complaint, the employee was harassed continuously over a ten day period and ultimately quit due to the alleged behavior.  The complaint further stated that the dealership should have known what was [...]

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Learning to Play the Right Way

Posted on April 11th, 2011 by Jim Radogna

Much of what employees learn in the car business is from watching and listening to their co-workers.  This type of education can be invaluable in many areas such as sales presentation, demonstration, and closing techniques. Of course, it can also lead to picking up bad habits like pre-qualifying customers by appearance or shortcutting the sales [...]

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