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The Open Road is your one-stop resource with access to professional training, regulatory updates, industry events and automotive news.
Innovative Dealer Summit and Charity Preview Party kick off today - get here!
Don't miss out! Experience Camp Jeep without the long lines at the Charity Preview Party.
The ever-popular Camp Jeep returns to the Denver Auto Show and is Open for the Charity Preview Party to give show attendees the experience of extreme off-roading on the show floor. Professional drivers will roll Jeep models over rocks, climb hills and clear obstacles that demonstrate the vehicles’ abilities in traction, ground clearance, maneuverability and articulation.
Purchase tickets to the Charity Preview Party!
PURCHASE TICKETS
AUTO INDUSTRY NEWS AT A GLANCE
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REGULATORY AND LEGAL UPDATES
FTC Finalizes Three More Consent Orders with Dealers Over Certain Used-Vehicle Ads

The Federal Trade Commission has approved three proposed consent orders with auto dealer groups to resolve allegations that they advertised "how rigorously they inspect their used cars" without disclosing that some of the vehicles were subject to open safety recalls. Among other provisions, the consent orders prohibit the dealers from representing – either expressly or by implication – when marketing, advertising, offering for sale, or selling used motor vehicles to consumers that the vehicles are safe, have been repaired for safety issues, or have been subject to a rigorous inspection, unless:
  1. The vehicles are not subject to any open safety recalls, or
     
  2. The dealer discloses, in close proximity to such representation, any material qualifying information related to open recalls, including but not limited to:
  • the fact that its used motor vehicles may be subject to recalls for safety issues that have not been repaired, and
  • how consumers can determine whether an individual used motor vehicle is subject to an open recall for safety issues that has not been repaired.
In addition, if the dealer receives a written notice from a manufacturer that a motor vehicle is subject to an open safety recall, the dealer must provide to a consumer – prior to the consummation of the sale of the vehicle – the manufacturer notice or a document that conveys the same information using a substantially similar format. (As an alternative to providing the manufacturer notice, two of the three consent orders permit the dealers to provide to consumers – prior to the consummation of the sale of a used motor vehicle – a written notice that conveys that the vehicle is subject to an open recall that is unrepaired and the safety risks associated with the recall that is made available by the National Highway Traffic Safety Administration (see safercar.gov) or a commercial provider of recall information.)
 
All of these disclosures and notices must be clear and conspicuous and not otherwise misleading.
 
These three finalized consent orders follow separate FTC consent orders with similar terms involving General Motors and two dealer groups that were finalized in December 2016. Dealers are advised to review with legal counsel the full terms of these consent orders along with any applicable state law requirements to help assess the legal sufficiency of their used vehicle advertisements.

If you have questions on any legal or regulatory topic, please contact:
Tammi McCoy, VP, tammi.mccoy@colorado.auto, 303.282.1449
Tim Jackson, President, tim.jackson@colorado.auto, 303.282.1448

DISCLAIMER: CADA is not authorized to dispense legal advice. The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance.

UPCOMING SEMINARS AND EVENTS
REGISTER NOW
Innovative Dealer Summit
MARK YOUR CALENDAR!
Tuesday, April 4th: 8:00 am - 6:00 pm
Wednesday, April 5th: 8:00 am - 5:00 pm
Colorado Convention Center
CLICK HERE for more information
CADA Annual Member Golf Event
SAVE THE DATE!
Monday, July 24th: 8:00 am start time
2700 Vista Parkway Erie, CO 80516 
Advertising Compliance Seminar
(available online)

CLICK HERE for more information
To purchase a copy, please contact:
Khorrie Luther 303.457.5109 or e-mail
Khorrie.Luther@colorado.auto

Damage Disclosure Webinar
(available online)

CLICK HERE for more information
To purchase a copy, please contact:
Khorrie Luther 303.457.5109 or e-mail
Khorrie.Luther@colorado.auto

2016 ACA Basics
(available online)

CLICK HERE for more information
To purchase a copy, please contact:
Khorrie Luther 303.457.5109 or e-mail
Khorrie.Luther@colorado.auto

TITLE SPONSOR OF THE 2017 CHARITY PREVIEW PARTY
2016 / 2017 IN-KIND SPONSORSHIP THANKS TO
OUR THANKS TO EKS&H FOR THEIR TITLE SPONSORSHIP OF THE ANNUAL DEALER MEMBER GOLF EVENT
ENDORSED PROVIDER / PROGRAMS

For information about any of the Endorsed Provider’s products or services, contact
Polly Penna polly.penna@colorado.auto 
303.457.5119 office  |  303.945.6426  mobile

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