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Make a list
and
check it
twice
Organize your approach to compliance by
deciding what will be monitored, who is
responsible
and
with what frequency issues will be reviewed.
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Compliance Review Schedule
By: Robert Shimberg* |
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Review buyers order / purchase agreement
An attorney or
outside consultant should ensure general legal compliance. And verify that nothing can be
construed as unfair or deceptive trade practice.
Review the dealerships practices, procedures and forms
This includes the four - square or other
selling document, the rate used on first and subsequent quotes, word tracks and how credit
applications are filled out.
Provide
legal compliance training
All salespeople, F&I managers and
accounting office employees should receive in house or outsourced training. This
ensures that the key personnel are aware of current compliance issues and the departments
can act as a check and balance on one another.
Review the
deal recap/commission report
Ensure that the
categories within the forms are consistent with actual practices, that product pricing and
finance reserves are being accurately reported and that employees are not
manipulating the system to receive unearned commission. |
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Review a set
number of deals against your checklist
Bonuses or raises
should be provided to high performers, while salary adjustments, probation or termination
should be considered for those who do not meet the dealership expectations.
Verify that the accounting office
is using a checklist
Every deal should
be checked for overpayments, customer and dealership signatures, prices an product forms
ect.
Encourage employee suggestions
Have small
roundtable brown bag or pizza lunches and implement a process to provide
feedback to employees on decisions or changes made as a result of their suggestions.
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Complete legal
compliance training
New sales, F&I
and accounting office personnel should receive training within the first 2-3 months of
employment, then join the yearly compliance training cycle.
Sign a dealership
non-negotiable list
This sets out all
prohibited practices at the dealership, such as making inaccurate statements to customers
or failing to disclose the price of a product or service. |
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Designate a
compliance committee or officer
This group or
individual should be responsible for regularly reviewing industry periodicals to stay
up-to-date on pertinent legal issues. Other duties include representing the dealership at
dealer association meetings, coordinating in-house training, recommending outside
training and keeping records of training attendance.
Designate a safeguards
compliance officer
This individual is
responsible for working in-house or with outside consultants on assessing
the safeguarding information at the dealership. He should prepare a written plan,
train dealership employees on safeguarding information, regularly update the
safeguard plan and conduct periodic reviews of the dealerships safeguard
program. |
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| These
guidelines and reviewing compliance
procedures can help you develop a consistent plan for your dealership. |
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| *Robert A. Shimberg is a shareholder in
the Tampa, Fla. Law firm of Hill, Ward & Henderson, P.A. he represents auto
dealerships in matters including state attorney general investigations, state regulatory
investigations, business litigation, consumer
complaints and class-action defense. Contact him at rshimberg@hwhlaw.com |
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