Drop the Bow Tie

Drop the Bow Tie is a series we created to help our partners stay up-to-date on compliance issues affecting the retail automotive industry.

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Gouging Above MSRP

Gouging Above MSRP (How NOT to Sell Above MSRP)

In a previous episode, we discussed how to sell a vehicle for more than the manufacturer’s suggested retail price. It is legal to do so, provided you don’t do it in a deceptive manner. The big no-no was not selling above MSRP, but selling above the advertised price.

NADA and the Revised FTC Safeguards Rule

NADA and the Revised FTC Safeguards Rule

The revised FTC Safeguards Rule is a source of great concern for dealers. A key area of concern is that dealers oversee their Service Providers. In this episode Jim discusses the implication of this requirement of the new rule.

Dealer Doc Fees and  Advertising

Dealer Doc Fees and Advertising

Are doc fees regulated? How do you determine what you can charge when it comes to doc fees? Do you have to advertise doc fees? All these questions and more are answered in this installment of Drop the Bow Tie.

Jab or Job?

Jab or Job?

oe Biden announced his intention to require all federal employees, and those who work for private companies with more than 100 employees, to receive a vaccine against COVID-19. To our knowledge, the federal government does not operate retail automobile dealerships, so this segment will focus on the potential impact on dealerships that employ 100 or more people.

The Americans With Disabilities Act and Dealers

The Americans With Disabilities Act and Dealers

In this episode, Jim looks at the Americans with Disabilities Act and how it can apply to dealers. He discusses what you might already know about the legislation and what you may need to know as a dealer.

How to Sell Above MSRP

How to Sell Above MSRP

Question: "With the increasing shortage of vehicles, we’ve noticed dealers selling cars over MSRP. We’ve also been asked if there is a preferred way to do this. In other words, is it better to have an addendum that includes some perceived value to justify the markup – or is it okay just to raise the price?" So is it okay to sell above MSRP? And if it is how should you do it to ensure you aren't breaking any laws?

F&I Best Practices Under the BIDEN Administration

F&I Best Practices Under the Biden Administration

Jim sits down with Gil Van Over III president of GVO3 & Associates to get Gil's take on best practices for F&I professionals and dealers as we enter the Biden Administration.

What Does the BIDEN Administration Mean for Retail Automotive?

What Does the Biden Administration Mean for Retail Automotive?

What does the near-term future look like for the retail automotive industry under a Biden Administration? Jim takes a look at the early actions of the Biden administration and gives you a primer for what to expect in the short and long.

How to Hire (Without Getting Sued)

How to Hire (Without Getting Sued)

Discrimination in hiring is as illegal as discrimination in firing. People don’t sue you for hiring them, but those whom you don’t hire might. So how do you reduce the odds? Find out in this installment of Drop the Bowtie!

How to Handle FIRING (Without Getting Sued)

How to Handle Firing (Without Getting Sued)

An employer may fire an employee for "any reason" in most cases, but not for a "bad reason". What are those bad reasons and how can they be avoided?

Selling GAP

Selling GAP

GAP is a great product to offer one's customers, but it has to be sold correctly. In today's video, Jim takes a look at how to responsibly and ethically sell GAP products. James S. Ganther, Esq. brings you the industry perspective from a veteran in automotive legal compliance.

Social Media Policies in the Age of Cancel Culture

Social Media Policies in the Age of Cancel Culture

Social media is a fact of modern life, and the line between what one posts on Twitter or Facebook as an individual and as an employee is becoming increasingly blurry, and may disappear completely. Does your company or dealership have a social media policy?

Dealer Home Deliveries (The Safe and Legal Way)

Dealer Home Deliveries (The Safe and Legal Way)

Jim discusses Home Deliveries and how your dealership can conduct them in a legal and safe manner that protects both your employees and your customers.

What Dealerships NEED to Know About Spear Phishing

What Dealerships Needs to Know About Spear Phishing

All phishing attacks can potentially expose your dealership to malware that corrupts its computer network, or mines the data in its DMS without you knowing it. Spear phishing attacks are targeted to a single target, either an individual or an organization, and can be very difficult to detect until it’s too late.

Defending Your Dealership against PHISHING SCAMS

Defending Your Dealership Against Phishing Scams

Phishing attacks are a kind of social engineering – convincing people to behave in a particular way. And social engineering is far and away the greatest threat to the security of computer networks. Social engineering attacks account for 70 – 90% of all computer attacks.

Why Dealerships Should Obey the Safeguards Rule

Why Dealerships Should Obey the Safeguards Rule

Does your dealership have Safeguards in place to protect customer information? Or does your dealership just say that it protects customer information? The FTC recently found the latter to be a UDAP violation. New proposed changes to the Safeguards Rule will likely firm up this interpretation and make it more important for dealerships to have robust computer network security in place.

The Dealerbuilt Data Breach: What You Need to Know

The Dealerbuilt Data Breach: What You Need to Know

What did the FTC have to say in their consent order against Dealerbuilt? It could have an impact on how dealers and other financial institutions (any company that processes customer data) do business. Under the Safeguards Rule, dealerships are required to do business with service providers who also follow the Rule.

What is Payment Packing?

What is Payment Packing?

In retail automotive there is still a debate over whether the practice of packing packing is illegal or not. Learn what payment packing is, and why it is illegal. James S. Ganther, Esq. brings you the industry perspective from a veteran in automotive legal compliance.

The Canary in the Mineshaft for Discretionary Pricing?

The Canary in the Mineshaft for Discretionary Pricing?

Recent action by the Attorney General of Massachusetts could be a "Canary in the Mineshaft" for discretionary pricing. It may reasonably be assumed that similar actions may be spreading to other states and the federal level. If you don’t have policies and training in place that address discretionary pricing and its limits, now is the time to do so.