FADA Prepares for 2021 Legislative Session
This year FADA is pushing for passage of our own bill, HB 677 / SB 978. It requires DMV to enforce Florida franchise laws when a factory policy or program clearly violates the law.. CLICK HERE TO READ OUR BILL'S TALKING POINTS . A special thank you to those dealers who have joined us so far in Zoom calls with Senators and House members.
Speaking of joining us, YOUR involvement is critical this year. Why? Because the Senate is closed to the public and entry into the House is limited so your direct involvement is needed more than ever. Specifically, we need YOU to call your Legislator and ask them to support our bill. (Find your Legislator HERE).
By the way, Tesla is opposing our bill because they think we are going to use it to challenge them. Watch my video below to understand why this isn't the case. Then please call, text and email your Legislators, asking them to "Support HB 677 / SB 978 and disregard the Tesla opposition."
As always, FADA is tracking bills that directly or indirectly impact you, our dealers. This year, we are watching around 40 bills including one to provide businesses, like yours, some immunity from COVID claims; a reduction in motor vehicle sales tax; electric vehicle funding for creation of charging stations; a bill to create the consumer’s right to repair farm equipment without going to a dealer or manufacturer (we are asking to exempt the auto industry); tax collector and PTA bills; a bill on commercial telephone solicitation; and a factory bill from the Braman dealership group dealing with a host of pro-dealer issues.
Please watch my video now for more details.
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Lucid Selling Cars Online in Florida
Lucid Motors has two stores open in Florida and they have no dealer license. This non-dealer EV automaker apparently has a proto-type vehicle in their gallery stores and a simulator for test drives. DMV has told FADA that the activity does not appear to be sales that requires a license, mostly due to the fact that vehicles are not available and are merely being reserved. FADA explained our thoughts on this and we will be moving to educate DMV on our opposition to these 'sales galleries.'
Florida law requires a motor vehicle dealer license for anyone buying, selling or “dealing” in more than 3 cars a year: 320.27(1)(c) “Motor vehicle dealer” means any person engaged in the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail.
Please call your Legislators and ask them to intervene for the protection of the public! While DMV has not given us their final stance on this, they are clearly not asking these Lucid galleries to stop “reserving” cars for those visiting these stores. (Find your Legislator HERE).
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Polestar Status: New "Linemake," Applying for License
FADA met with DMV staff and requested its position on the application by Polestar for a new license as a manufacturer in Florida. FADA opposes providing such a new license unless Volvo dealers, who sold previous Polestar branded vehicles, are given access to all models and the same dealer service agreement as they have as Volvo dealers.
DMV has responded that Polestar contends that the previous Polestar models that were co-labelled as Volvo and Polestar, were in fact Volvos with Polestar added as a trim package only. FADA will work to investigate this claim via their advertising and our Volvo dealers understanding of those claims.
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Congratulations Jonathan Chariff |
Join us in congratulating Jonathan Chariff of South and Vista Motors in Miami. Mr. Chariff is Florida's 2021 Time Dealer of the Year. He was recognized earlier this month at the National Automobile Dealers Association's annual convention and honored by Time Magazine for his outstanding industry accomplishments and community service. Read more.
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Dealers Beware of Consumer Telephone Programs
The number of TCPA class action lawsuits against dealers for using prerecorded messages, ringless voicemail and bulk/auto texting continues to increase. Unfortunately, when a dealer does violate TCPA, it usually does so in volume (ex. 10,000 text messages). At $500 per violation, the numbers get big quickly.
Unless and until the dealership has ascertained that it is TCPA compliant, dealers should immediately cease all such messaging and texting campaigns. At the expense of over-simplification, a dealer is unlikely to be TCPA compliant for these types of messaging campaigns unless it obtains the express written consent from the individual that, among other things:
(a) includes references to auto-dialing and prerecorded messages for marketing purposes, and
(b) clearly reflects that consent is voluntary and NOT a condition of the transaction (meaning they can buy the vehicle without giving consent).
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FADA Welcomes New Board Member
Join us in welcoming Randy Hoffman with the Ed Morse Group to our Board of Directors representing District 7 (Indian River, Okeechobee, St. Lucie, Martin, Palm Beach counties). If you, or someone you know is interested in serving on our Board, please contact members@flada.org. Read more.
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Free Webinar - Commercial Solar and Electric Charging
Join Associate Member Advanced Roofing for a free Commercial Solar Energy and Electric Vehicle Charging Solutions webinar on Tuesday, March 9, at 11am EST. Click to register.
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Distributed February 25, 2021
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