Highlights from the 2026 NHADA “Generations in Gear” Convention PG. 10 VOL. 8 | NO. 02
Anticipate every turn In an industry that’s always evolving, your dealership can rely on our Dealer Financial Services team’s 90 years of experience to see what’s around the corner, forward-thinking insights to prepare you, and technology to keep you ahead of the curve. What would you like the power to do?® Steve Delaney, stephen.delaney@bofa.com business.bofa.com/dealer ©2024 Bank of America Corporation. All rights reserved. DFS-699-AD 6942528 Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value “Bank of America” and “BofA Securities” are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, BofA Securities, Inc., which is a registered broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC and a member of the NFA. Anticipate every turn In an industry that’s always evolving, your dealership can rely on our Dealer Financial Services team’s 90 years of experience to see what’s around the corner, forward-thinking insights to prepare you, and technology to keep you ahead of the curve. What would you like the power to do?® Steve Delaney, stephen.delaney@bofa.com business.bofa.com/dealer ©2024 Bank of America Corporation. All rights reserved. DFS-699-AD 6942528 Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value “Bank of America” and “BofA Securities” are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, BofA Securities, Inc., which is a registered broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC and a member of the NFA.
VOL. 8 • NO. 02 PRESIDENT Dan Bennett, REM, IOM, CAE NHADA OFFICERS Jason LaCroix, Chairman John Crowley, Vice Chairman Jeff Platek, Treasurer Shawn Hanlon, Secretary NHADA DIRECTORS Marshall Jespersen, Immediate Past Chair John Sawyer Jr., Franchised New Car Michael Lampert, Franchised Heavy Duty Truck Tim Foss, Franchised New Car Dennis Gaudet, Independent Used Car Patrick Horan, Independent Repair/Service David Hammer, NADA Director George Mullin, Franchised/Independent Jessica Trask, Franchised New Car Roger Groux, Advisory Director Damon Jespersen, Franchised New Car Justin Weisman, Franchised New Car Curt Grenier, Franchised/Motorcycle ©2026 The New Hampshire Automobile Dealers Association (NHADA) | MBR Connect™, formerly The newsLINK Group LLC. All rights reserved. DRIVE New Hampshire is published six times per year for NHADA and is the official publication for this association. The information contained in this publication is intended to provide general information for review, consideration and education. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, it is strongly recommended that you contact an attorney as to your circumstances. The statements and opinions expressed in this publication are those of the individual authors and do not necessarily represent the views of NHADA, its board of directors or the publisher. Likewise, the appearance of advertisements within this publication does not constitute an endorsement or recommendation of any product or service advertised. DRIVE New Hampshire is a collective work, and as such, some articles are submitted by authors who are independent of NHADA. While a first-print policy is encouraged, in cases where this is not possible, every effort has been made to comply with any known reprint guidelines or restrictions. Content may not be reproduced or reprinted without prior written permission. For further information, please contact the publisher at (801) 676-9722. CONTENTS 4 A MESSAGE FROM THE PRESIDENT Unpacking HB 649 Some Guardrails Restored Following the Inspection Repeal By Dan Bennett, REM, IOM, CAE, President, NHADA 6 A MESSAGE FROM THE CHAIRMAN The NHADA Legal Defense Fund An Investment in Our Industry’s Future By Jason LaCroix, Chairman, NHADA 8 NADA UPDATE FTC Sends Clear Message on Dealer Advertising By David Hammer, Contemporary Automotive, NADA Director 10 Generations in Gear Highlights From the 2026 NHADA Family Convention By Kaleena Guzman, Major Events & Association Partnership Program Director, NHADA 12 Abandoned Motor Vehicles vs. Mechanic’s Liens What New Hampshire Dealers Need to Know By Jay O’Leary, Government Relations & Compliance Specialist, NHADA 14 Data Privacy and Cybersecurity An Overview for New Hampshire Dealers By ComplyAuto, NHADA Diamond Partner 16 Thank You, Bill Gurney Years of Service to NHADA By Peter Sheffer, VP and Director of Insurance, NHADA 16 VSP Vision Benefits to Fit Your Needs By Chelsey Gaudet, Licensed Insurance Producer, NHADA 17 New FMCSA DOT Inspection Training Course Coming Soon By Jay O’Leary, Government Relations & Compliance Specialist, NHADA 18 OSHA Re-Emphasizes Heat-Related Illness Prevention By Brian Duplessis, Loss Prevention Supervisor, NHADA 19 NHADA WCT Returns $3.5 Million in Rebates 20 2026 SkillsUSA Competitions 22 An Update from the NH Automotive Education Foundation (NHAEF) By Craig Emerson, Workforce Development Coordinator, NHADA 24 The Power of One How Small Financial Improvements Create Major Cash Gains By Bill Napolitano, ProActive Leadership Group, NHADA Gold Partner 26 LotDrop The 2026 Summer Collection 28 Are You Prepared for an Aboveground Storage Tank Inspection? By Pat Austin, Senior Loss Prevention Consultant, NHADA 29 By the Numbers 30 Thank You, 2026 NHADA Partners! 31 NHADA Membership Milestones March 1, 2026-June 30, 2026 31 NHADA New Members 3
A MESSAGE FROM THE PRESIDENT Unpacking HB 649 Some Guardrails Restored Following the Inspection Repeal BY DAN BENNETT, REM, IOM, CAE President, NHADA Over the past several years, few issues have generated more discussion within New Hampshire’s motor vehicle industry than the future of the state’s vehicle inspection program. With the passage of HB 649, New Hampshire has entered a new era in vehicle safety regulation. While the traditional inspection sticker requirement has changed, the law establishes clear standards for unsafe vehicles, defines responsibilities for owners and dealers, clarifies consumer protections and reinforces one enduring principle: Vehicles operated on our roads must be safe. VEHICLE SAFETY REMAINS THE PRIORITY HB 649 establishes a clear legal definition of an unsafe motor vehicle, helping address a gap created when inspection enforcement was weakened, and certain safety and equipment requirements were no longer enforceable through administrative rules. The law allows law enforcement to act on obvious safety hazards and places key equipment standards into statute. Unsafe vehicles include those with exhaust leaks entering passenger or cargo areas; missing major exterior body components such as doors, hoods, fenders, trunks or bumpers (with limited manufacturer-designed exceptions); cracked, broken, or severely rusted frames or unibodies; severe windshield damage in the driver’s critical viewing area; unsafe tire conditions; or significant fuel system leaks. For dealers, understanding these standards is essential. Vehicle safety remains a cornerstone of our industry, and that commitment continues under the new law. Recognizing that the statutory language can be extensive and highly technical, NHADA has carefully reviewed the new RSA 266 equipment standards and developed a practical summary and compliance checklist for technicians, service personnel and dealership staff. The checklist is designed to serve as a convenient guide for evaluating whether a vehicle meets the law’s requirements and can be used as part of a dealership’s examination process. Members can access the RSA 266 Equipment Standards Summary and Checklist on the NHADA website. STRENGTHENING CONSUMER PROTECTIONS HB 649 also strengthens consumer protections by establishing standardized dealer disclosure requirements under RSA 358-F:2. At the time of sale, dealers must provide buyers with one of three written statements regarding a vehicle’s safety status: • that it meets RSA 266 equipment requirements; • that it has been inspected and does not meet those requirements, with defects identified; or • that no inspection has been conducted and no determination of compliance has been made. These uniform disclosure standards create clear expectations for both dealers and consumers, promote transparency during the purchasing process, and reduce uncertainty regarding vehicle condition and dealer responsibilities. By providing a consistent framework for vehicle transactions, HB 649 helps reinforce consumer confidence and trust in the marketplace. To help members comply with these requirements, NHADA has developed a Motor Vehicle Examination Disclosure Form (2-Part) that can be used for any used-vehicle sale. The form is designed to assist dealers in meeting the disclosure obligations of RSA 358-F:2 by documenting the vehicle’s examination status and providing the required written notice to the purchaser. 4
The two-part format allows both the dealership and the customer to retain a copy of the disclosure, creating a clear record of the information provided at the time of sale. Whether a vehicle meets RSA 266 requirements, has identified defects or has not been examined, the form provides a straightforward way to document the appropriate disclosure and demonstrate compliance. The Motor Vehicle Examination Disclosure Form is available for purchase through NHADA and is intended to serve as a practical compliance tool for dealerships as they implement the new requirements under HB 649. SAFETY EXAMINATIONS AND TEMPORARY PLATE USAGE Temporary plates are now tied directly to vehicle safety. HB 649 requires that a vehicle meet the RSA 266 equipment and safety requirements before a dealer can issue a temporary plate. To support compliance, NHADA has created an examination sticker that can be placed on examined vehicles, providing dealers, consumers and law enforcement with a clear visual indication that the vehicle met RSA 266 requirements at the time of examination and is eligible for temporary and/or dealer plate use. MOVING FORWARD HB 649 represents a significant shift in how vehicle safety is addressed in New Hampshire. While opinions regarding the broader inspection debate may differ, the law provides a framework that prioritizes vehicle safety, consumer transparency and dealer accountability. As an industry, our responsibility remains the same as always: helping ensure that the vehicles sold and operated in New Hampshire are safe for the families, businesses and communities that depend on them every day. NHADA will continue providing guidance, resources and advocacy to help members navigate these changes and maintain the high standards that consumers expect from New Hampshire dealers. 5
Every NHADA member benefits from the work of the Legal Defense Fund, whether they realize it or not. The Legal Defense Fund exists to help protect motor vehicle dealers, repair shops and body shops when legal challenges arise that could impact our entire industry. Through voluntary contributions from members, the fund provides resources to support cases, legal analysis, and advocacy efforts that strengthen dealers’ rights and protections across the state. REAL RESULTS FOR NEW HAMPSHIRE DEALERS The fund’s impact is evident in several significant victories. When John Deere, AGCO and CNH challenged New Hampshire’s equipment dealer protection laws, NHADA helped defend the rights of equipment dealers throughout the state. The manufacturers argued that the law unlawfully interfered with their franchise agreements and sought to overturn important dealer protections. After years of litigation, the case reached the U.S. Supreme Court. Ultimately, the manufacturers were unsuccessful, preserving critical protections that equipment dealers across New Hampshire continue to rely on today. The fund also helped support the landmark Keene Auto Body case. The New Hampshire Supreme Court ultimately ruled in favor of the body shop, establishing an important precedent that helps repair facilities recover legitimate repair costs from insurance carriers. That decision continues to benefit collision repair businesses throughout New Hampshire. Beyond courtroom victories, the fund has supported legal research and analysis on emerging issues, including direct vehicle sales models and other challenges that could impact New Hampshire dealers. Not every battle ends in victory, but every battle requires preparation. For several years, the Legal Defense Fund helped support NHADA’s efforts to oppose legislation repealing New Hampshire’s vehicle inspection program. Although the repeal ultimately became law, the fund ensured the association had the resources necessary to advocate for members, educate policymakers and make the strongest possible case on behalf of the industry. These successes share a common theme: One case, one issue or one challenge can have consequences for every business in our industry. BY JASON LaCROIX Chairman, NHADA The NHADA Legal Defense Fund An Investment in Our Industry’s Future A MESSAGE FROM THE CHAIRMAN 6
PREPARING FOR TOMORROW’S CHALLENGES As our industry continues to evolve, new legal and regulatory challenges will inevitably emerge. Franchise protections, direct sales, vehicle technology, consumer regulations and other issues will require strong advocacy and, at times, legal action. The Legal Defense Fund ensures NHADA is prepared when those moments arrive. The victories of the past were possible because members before us invested in protecting our industry. Today, we have the same responsibility. STRENGTH IN NUMBERS The Legal Defense Fund is one of the most important tools NHADA has to protect the interests of motor vehicle businesses across New Hampshire. Whether supporting a member facing a precedent-setting legal challenge, funding critical legal analysis or defending our industry’s interests before policymakers, the fund allows us to act when it matters most. I encourage every member to consider making a voluntary contribution to the NHADA Legal Defense Fund. Most contributions range from $100 to $500, and each helps protect the businesses, employees and communities that depend on a strong and united network. Donations can be made online at nhada.com/ldf. The challenges ahead are uncertain, but our commitment to one another should not be. A special thanks to those who have contributed this year: • Alan’s Car Wash/Londonderry Fast Lube • Autex Mazda • AutoFair Automotive Group • Auto Sense North • Banks Chevrolet Cadillac Buick GMC • Blais & Chabot Auto Medics LLC • Bob Leavitt Auto & Truck • BTT Enterprises LLC • Canobie Lake Toyota • Chappell Tractor Sales LLC • Cliff’s Auto Body & Repair LLC • Dalton Mountain Motor Sports • Dalton Mountain Motor Sports — Berlin • Duncan’s European Automotive • Dyna Tune Inc. • Fairfield Kia • Fairfields Cadillac Buick GMC Inc. • Ford of Londonderry • Foss Motors LLC • Gauthier Auto Service LLC • Green Wave Electric Vehicles • HK Powersports of Hooksett • HK Powersports of Laconia • Husson Motors Inc. • Keene Mitsubishi • MAX BMW Motorcycles • New England Kenworth • New England Motor Car Co. Inc. • North Country Ford • Phillips Auto Sales Inc. • Reed Truck Services Inc. • Salem66 LLC • Souhegan Valley Motorsports • Spacetown Auto Body Inc. • State Motors Lincoln • Steve King Cars • Steve’s Equipment Repair • Sunnyside Acura • TAZ Automotive Inc. • Team Nissan Inc. • Tim’s Truck Capital & Auto Sales Inc. • Troy Auto Sales/Troy Powersports • Weed Family Automotive LLC • Windham Auto Sales Inc. • Wyman’s Sales and Service MAKE A CONTRIBUTION https://www.nhada.com/ldf 7
BY DAVID HAMMER Contemporary Automotive, NADA Director Earlier this year, the Federal Trade Commission (FTC) sent warning letters to 97 dealerships across the country regarding advertising practices. In response, the National Automobile Dealers Association (NADA) hosted a webinar with FTC Bureau of Consumer Protection Director Chris Mufarrige to provide dealers with greater clarity on the agency’s expectations and enforcement priorities. The message from the FTC was clear: Regulators are placing increased focus on pricing transparency and advertising accuracy, particularly for advertised vehicle prices, administrative fees, rebates and financing-related offers. As NHADA’s representative to NADA, I wanted to share the key takeaways from that discussion and considerations for New Hampshire dealers as they review their advertising practices. THE BIGGEST TAKEAWAY: ADMIN FEES MUST BE INCLUDED The most significant issue for many New Hampshire dealers involves administrative fees. During the NADA webinar, FTC officials made clear that if a dealer charges an administrative fee that every customer must pay, that fee should be included in the advertised vehicle price. According to the FTC, consumers should see the full price they can expect to pay, excluding only taxes and government-imposed fees. Importantly, the FTC is not attempting to regulate the amount of an administrative fee. Dealers may continue to charge administrative fees where permitted by state law. The agency’s focus is on how those fees are disclosed to consumers. Dealers may still disclose the administrative fee separately, but that disclosure should be less prominent than the total advertised price. The FTC also emphasized that while many states authorize administrative fees, no state requires them, reinforcing the agency’s position that such fees belong in the advertised price rather than being added afterward. For many dealers, this is the most important practical takeaway from the FTC’s recent guidance. THE PRICE YOU SHOW SHOULD BE THE PRICE THEY PAY The FTC repeatedly emphasized a simple principle: The most prominent advertised price should be the price available to consumers. The agency’s concern extends beyond administrative fees. Any mandatory dealer-imposed charge that a consumer must pay to purchase a vehicle should generally be reflected in the advertised price. According to the NADA UPDATE FTC Sends Clear Message on Dealer Advertising 8
FTC, consumers should not have to navigate fine print to determine the actual cost of a vehicle. Similarly, the FTC stated that the primary advertised price should not include rebates, discounts or incentives that are unavailable to all consumers. Military rebates, loyalty incentives, financing discounts and other conditional offers may still be advertised, but they should be disclosed separately and presented less prominently than the vehicle’s advertised selling price. A useful question for dealers to ask is: Can every customer reasonably qualify for the advertised price? If the answer is no, the FTC expects the conditions to be clearly communicated and not overshadow the vehicle’s actual selling price. ADVERTISING MEANS MORE THAN YOUR WEBSITE Another important clarification provided during NADA’s discussion with the FTC involved the agency’s broad definition of advertising. The FTC explained that dealer websites, vehicle detail pages, third-party listings, social media, digital advertising, direct mail, television, radio and even oral representations can all constitute advertising, depending on what a reasonable consumer would understand from the communication. Just as importantly, dealers remain responsible for advertising content they control, even when that content appears on third-party platforms or is managed by outside vendors. As dealerships increasingly rely on inventory syndication, digital marketing agencies and automated advertising tools, reviewing advertising content across all channels is becoming more important than ever. WHERE DEALERS COMMONLY RUN INTO TROUBLE During the webinar, the FTC highlighted several practices that frequently draw scrutiny: • Displaying MSRP more prominently than the actual selling price • Advertising prices or payments tied to financing conditions that are not clearly disclosed • Treating required add-on products as optional • Keeping sold vehicles advertised for extended periods • Advertising vehicles that are no longer available • Burying fees, qualifications or conditions in fine print While every situation is unique, these examples provide valuable insight into the areas regulators are actively reviewing. THE NHADA TAKEAWAY The FTC is continuing to focus on dealer advertising practices, making now a good time for New Hampshire dealers to review their advertising and confirm that: • The advertised price is truly all-in. • Administrative fees are included in advertised pricing. • Incentives and qualifications are clearly disclosed. • Financing-related conditions are properly disclosed. • Advertising is accurate across all platforms. NHADA will continue working with NADA to monitor developments and provide members with practical compliance guidance as advertising standards evolve. According to the FTC, consumers should not have to navigate fine print to determine the actual cost of a vehicle. 9
The 2026 NHADA Family Convention, “Generations in Gear,” brought together members, industry partners and families from across New Hampshire for three memorable days of networking, recreation and celebration at The Lake Estate on Winnisquam. From June 21-23, attendees enjoyed an event designed to strengthen relationships, celebrate our industry, and create lasting memories with family and colleagues. The convention kicked off on Sunday with a Father’s Day Cookout, followed by a Sunset Social and an evening outing to the Jelly Roll concert at Bank of New Hampshire Pavilion. Families also had access to the Kids Club throughout the event, ensuring activities for attendees of all ages. Monday featured the annual convention golf tournament at Lochmere Country Club, while attendees also enjoyed a variety of activities, including pickleball, wellness experiences, bourbon tasting, floral workshops and water sports. The evening concluded with the highly anticipated “Mixtapes & Margaritas” celebration, bringing members together for cocktails, dinner, dancing and plenty of opportunities to reconnect with industry friends and partners. Beyond the activities and entertainment, the convention continues to serve an important purpose: fostering the relationships that strengthen New Hampshire’s automotive industry. Whether attendees were longtime members or first-time participants, the event offered valuable opportunities to share ideas, discuss industry challenges and build connections that extend far beyond the convention weekend. NHADA extends its sincere appreciation to all members, guests, volunteers and staff who helped make this year’s convention such a success. We would also like to thank our presenting sponsors, Nucar Automotive Group and Auto Auction of New England, for their continued support, and our other generous sponsors for helping to make this and other association events possible. COMING UP: DRIVE FOR A TECH GOLF TOURNAMENT With another successful convention in the books, NHADA’s next major event is right around the corner. Join us on Sept. 11 for the annual Drive for a Tech Golf Tournament, a fundraising event supporting the future of New Hampshire’s automotive workforce. Proceeds help fund technician scholarships, workforce development initiatives and programs that connect students with rewarding careers in the automotive industry. We look forward to seeing you on the course and continuing the momentum from another outstanding NHADA Family Convention. Register today at nhada.com/events/golf. For more information, contact us at support@nhada.com or (603) 224-2369. Generations in Gear Highlights From the 2026 NHADA Family Convention BY KALEENA GUZMAN Major Events & Association Partnership Program Director, NHADA 10
Thank You to Our Convention Sponsors! PRIME SPONSORS Auto Auction of New England Nucar Automotive Group MIXTAPES & MARGARITAS SPONSOR Capital Dealer Services Group ANNUAL MEETING SPONSOR Quirk Auto Dealers of New Hampshire BREAKFAST SPONSORS Armatus Dealer Uplift Northeast Delta Dental DRINK TICKET SPONSOR Portsmouth Ford GOLF TOURNAMENT PRIME SPONSOR International Cars Ltd. GENERAL ACTIVITY SPONSOR AutoFair Automotive Group REGISTRATION SPONSOR Bernstein Shur SUNSET SOCIAL SPONSOR ComplyAuto WELCOME BAG SPONSOR Northeast Auto Auction WINE TASTING SPONSOR TSS Advisors 11
Abandoned Motor Vehicles vs. Mechanic’s Liens What New Hampshire Dealers Need to Know BY JAY O’LEARY Government Relations & Compliance Specialist, NHADA Every winter, New Hampshire dealers face a familiar challenge: snow events that require vehicles to be moved, plowed around or repeatedly cleared. These conditions often prompt dealers to ask how to lawfully address vehicles left on their property — particularly when a vehicle does not belong to the dealer, has no apparent owner and becomes a recurring obstacle to operations. It is important to understand that New Hampshire law provides two very different legal processes for dealing with such vehicles: the abandoned motor vehicle process and the mechanic’s lien process. While they are sometimes confused, they apply in very different circumstances and carry different legal requirements. This article outlines the key differences, the applicable New Hampshire law and what dealers should do to remain compliant. WHAT IS AN ABANDONED MOTOR VEHICLE? Under New Hampshire law, an abandoned motor vehicle is generally one that has been: • Towed at the direction of a law enforcement officer, or • Towed at the request of a property owner by a licensed towing and storage facility, and is not retrieved by the owner. The abandoned motor vehicle process is governed primarily by RSA Chapter 262 and is designed to address removal, storage, notice and eventual disposal of vehicles left unattended, not to collect payment for repairs or services. WHAT DEALERS NEED TO KNOW A critical point for dealers is this: A motor vehicle dealer cannot simply declare a vehicle abandoned and dispose of it. If a dealer has a vehicle on their property that they do not own, are not owed money for, and did not take in for repair or storage, the dealer must involve a tow company and law enforcement. If the dealer: • Did not tow the vehicle as a licensed tow and storage facility, and • Is not owed money for work performed or storage, Then the proper course of action is to: 1. Request that the vehicle be towed by a licensed towing company, and 2. Notify the local police department as soon as reasonably possible that the vehicle has been removed. Once the vehicle is lawfully towed under police authority or proper private-property procedures, the abandoned motor vehicle process applies to the tow and storage facility, not the dealer. WHAT IS A MECHANIC’S LIEN? A mechanic’s lien is governed by RSA Chapter 450 and applies when a business is owed money for repairs, upfitting, or storage performed on or provided for a vehicle while it is in the business’s lawful possession. This process is fundamentally a collection tool, not an abandonment remedy. WHEN A MECHANIC’S LIEN APPLIES A dealer or repair facility may pursue a mechanic’s lien only if: • Work or storage was actually provided, and • The vehicle owner failed to pay the charges due. If payment remains outstanding for the statutory period, the lienholder may, after meeting all notice and procedural requirements, proceed with a lien sale to recover the unpaid charges. IMPORTANT LIMITATIONS FOR DEALERS A mechanic’s lien cannot be used: • Solely because a vehicle is unwanted • To clear space on the lot • When no money is owed If a dealer has not performed work and is not owed storage or repair fees, a mechanic’s lien does not apply. NEED HELP DETERMINING WHICH PROCESS APPLIES? Every situation is fact-specific, and taking the correct approach from the outset is critical. If you are unsure whether a vehicle on your property should be handled as an abandoned motor vehicle or through a mechanic’s lien, NHADA is available to assist. By contacting NHADA, dealers can receive guidance on which scenario applies and the appropriate next steps and required notifications under New Hampshire law before any action is taken. 12
Data Privacy and Cybersecurity An Overview for New Hampshire Dealers BY COMPLYAUTO NHADA Diamond Partner As a car dealer, privacy and cybersecurity probably aren’t at the top of your daily to-do list, but they should be on your radar. The way dealers collect and manage customer data has changed dramatically in recent years, and the rules governing it have become much more complex. This article covers five key areas that every New Hampshire dealer should know about. I. FTC SAFEGUARDS RULE Automobile dealerships are regulated as “financial institutions” under the Gramm-Leach-Bliley Act (GLBA) and must comply with the Federal Trade Commission’s (FTC) Standards for Safeguarding Customer Information, commonly known as the Safeguards Rule. The Safeguards Rule got a major overhaul in 2021 and compliance with the new requirements for dealers isn’t simple. Dealers are on the hook for a long list of technical and procedural requirements — and for most, trying to handle it all in-house is a heavy lift. What does compliance look like in practice? Dealers need a designated qualified individual overseeing the program who reports to ownership or senior management at least annually. Customer data must be encrypted, both when it’s stored and when it’s being transmitted. Every employee with access to customer information systems needs multi-factor authentication. On top of that, dealers need access controls, regular vulnerability assessments, penetration testing and a tested incident response plan. One requirement that often catches dealers off guard: The rule also requires monitoring and logging of authorized user activity, which means you need to be watching for insider misuse, not just outside attacks. II. STATE PRIVACY LAWS: A GROWING PATCHWORK THAT INCLUDES NEW HAMPSHIRE Twenty states have now passed comprehensive consumer privacy laws, and more are on the way. While these laws vary, they share a common core: Consumers have rights to access, correct, delete and opt out of the sale of their data, and businesses face new obligations around data minimization, handling sensitive data categories, and vendor contracts. For a dealership with customers across state lines, several of these laws may already apply at once. New Hampshire joined the list when Gov. Sununu signed the New Hampshire Data Privacy Act (NHDPA). The NHDPA gives New Hampshire residents the right to access, correct and delete their personal data, get a portable copy of it, and opt out of targeted advertising, certain profiling and most data sales. But does the NHDPA apply to dealers? It’s a question of the amount and kind of data that dealers process. First, thresholds. The NHDPA applies only to businesses that, during a one-year period, either process personal data of at least 35,000 unique New Hampshire consumers, or process data of at least 10,000 consumers and derive more than 25% of gross revenue from selling personal data. Second, the NHDPA exempts financial institutions and data subject to Title V of the GLBA. Because franchised dealers are financial institutions under GLBA and subject to the FTC Safeguards Rule, there is a strong argument that dealers fall within this exemption. That said, the exemption’s scope and how aggressively the New Hampshire Attorney General may interpret it is worth confirming with counsel before concluding the NHDPA doesn’t apply to your store. 14
On enforcement: There’s no private right of action. Only the Attorney General can bring enforcement actions. A 60-day cure period was available through the end of 2025, but as of January 2026, any right to cure is discretionary. Violations are treated as unfair or deceptive acts. III. THE 700CREDIT BREACH: A CAUTIONARY TALE In December 2025, 700Credit — a leading provider of credit and compliance solutions to the automotive industry — confirmed that a breach had occurred within its systems between May and October 2025, affecting over 5.8 million individuals across approximately 18,000 dealerships and exposing unencrypted names, addresses and Social Security numbers. This was the latest in a series of high-profile breaches at dealer vendors and this incident delivered several key lessons. First, breach notification obligations vary significantly by state — some regulators permitted 700Credit to submit agency and consumer notices on dealers’ behalf as an authorized agent. Others did not, requiring dealers to file independently or through their state dealer association. The National Automobile Dealers Association (NADA) coordinated a consolidated filing with the FTC on behalf of affected dealers, but this was an accommodation, not a standard right, and it does not relieve dealers of individual state-level obligations. Second, and most importantly: The dealership — not its vendor — retains ultimate legal responsibility for regulatory compliance. While a vendor may manage the notification process, the dealer owns the underlying legal obligation. Third, vendor oversight is a real-time legal duty under the Safeguards Rule, not a one-time contract exercise. Dealers must maintain current vendor inventories, written safeguard provisions and pre-established incident response plans before the next event occurs. Between lessons learned from the 700Credit breach, the 2024 CDK breach and several highly publicized breaches at dealerships themselves, it is critical to understand your vendors, their data security posture and your potential obligations in the event of a breach. IV. COOKIE BANNERS AND WEBSITE TRACKING Every New Hampshire dealership website is a data collection environment, quietly routing visitor information to third-party advertising and analytics platforms through tracking technologies most dealers never think about. That’s a problem for several reasons. State privacy laws treat the use of these tools as a data processing activity subject to opt-out rights. Federal and state UDAP laws create additional exposure. But the most immediate risk for most dealers right now is litigation. Demand letters and lawsuits are being filed across the country, all centered on the same basic allegation that the website collected or shared user data without meaningful consent, allegedly violating a state or federal law against wiretapping or recording. A cookie banner that merely discloses the existence of cookies, without providing a functional and accessible opt-out, does not satisfy state or federal requirements and will not protect you from these claims. Unfortunately, these claims are currently widespread nationwide, not limited to California or other high-risk jurisdictions. Dealers need to take three steps. First, ensure your website has a functional, compliant cookie consent banner, not just one that checks a box. Second, audit your website’s data flows to understand what information is being collected and where it is going. Third, ensure the vendor managing your consent platform has both the necessary legal knowledge and technical capabilities. These are not the same thing, and many vendors have one without the other. This is a complicated area of law. ComplyAuto offers tools specifically designed to give dealers visibility into and control over what is happening on their websites. Learn more at complyauto.com. V. THE IMPERATIVE OF PROACTIVE DATA SECURITY Every framework points to the same conclusion: Businesses entrusted with consumer data must proactively protect it. A defensible program begins with a current data inventory — knowing what personal data is collected, where it is stored, with whom it is shared and how long it is retained. Technical controls must include encryption, multi-factor authentication, least-privilege access, monitoring and patch management. Employee training on phishing and data handling is both legally expected and practically essential. And a tested incident response plan — with outside counsel and forensic resources pre-identified — can mean the difference between a manageable event and a regulatory catastrophe. New Hampshire dealers are operating in an environment where the stakes keep rising. Federal obligations under the Safeguards Rule, a new state privacy law with an Attorney General’s office empowered to enforce it, and a rapidly evolving threat landscape mean that doing nothing is no longer a viable option. The cost of building a strong data security program is a fraction of what a major breach or an enforcement action will cost you. ComplyAuto can help you get there. This article is for general informational purposes only and does not constitute legal advice. Consult qualified legal counsel regarding your specific obligations. 15
VSP Vision Benefits to Fit Your Needs BY CHELSEY GAUDET Licensed Insurance Producer, NHADA NHADA Insurance is committed to providing comprehensive benefits that meet the needs of our members. That’s why we’re proud to offer VSP vision insurance, delivering exceptional eye care coverage to help you and your team maintain healthy vision and overall wellness. Finding the right eye care provider is important for your eye health and overall wellness. See healthy and live happy with help from VSP® Vision Care. Enroll in VSP to get personalized care from a VSP network doctor at low out-of-pocket costs. VALUE AND SAVINGS Save on eyewear and eye care when you see a VSP network doctor. Plus, take advantage of Exclusive Member Extras for additional savings. Your benefits go further with exclusive offers and savings at a Premier Edge location, including private practice doctors and Visionworks® locations nationwide. ONLINE SHOPPING Visit eyeconic.com®, the VSP preferred online retailer, where you can shop for a wide selection of contacts, glasses and sunglasses using your in-network vision benefits. QUALITY VISION CARE You’ll get great care from a VSP network doctor, including a WellVision Exam® — an eye exam designed to detect signs of vision impairment and health conditions. USING YOUR BENEFIT Create an account on vsp.com to view your in-network coverage, find a VSP network doctor and discover savings with Exclusive Member Extras. At your appointment, just tell them you have VSP. You can also find a provider by calling (800) 877-7195. Investing in vision care is an investment in your team’s health and productivity. With VSP vision benefits through NHADA, you can count on quality coverage and peace of mind. Contact me at cgaudet@nhada.com or (603) 224-2369 today to learn how we can help enhance your employee benefits package! Thank You, Bill Gurney Years of Service to NHADA BY PETER SHEFFER VP and Director of Insurance, NHADA After many years of service to the New Hampshire Automobile Dealers Association, Bill Gurney has stepped down as chair of the NHADA Workers’ Compensation Board. Bill has been involved with the Workers’ Compensation Trust since 2006, serving as a trustee and later as board chair beginning in 2023. During that time, he helped oversee the program and support its continued role in providing workers’ compensation coverage to NHADA members. Many members also remember Bill’s time as NHADA board chairman in 2015-2016, when he became the first chair to come from the automotive service side of the industry rather than dealership ownership. Bill began his career pumping gas in his hometown of Salem and started his first business, New England Mobile Muffler, at age 18. In 1985, he and his wife Charlotte co-founded Gurney’s Automotive Repair in Nashua, building it into a respected repair facility known for quality service. Bill is an ASE master technician with L1 certification, and his business was among the first repair facilities in New Hampshire licensed for emissions testing. Bill has served his community through organizations such as Big Brothers Big Sisters of Greater Nashua and as an ordained Southern Baptist deacon. NHADA thanks Bill for his many years of involvement with the association and the Workers’ Compensation Trust. Bill Gurney and Jeffrey Burditt (Quirk Auto Dealers of NH), the new board chair of the Workers’ Compensation Trust Bill Gurney and Christopher Weiss (Crest Auto World) during the passing of the board chairman’s gavel 16
Keeping commercial vehicles compliant isn’t just a best practice — it’s a federal requirement. To help members stay ahead of changing regulations and maintain properly qualified inspection personnel, NHADA will be offering a new online FMCSA DOT Inspection Training Course designed specifically for commercial vehicle inspectors, technicians, fleet managers and maintenance personnel. This comprehensive training program provides an in-depth review of the Federal Motor Carrier Safety Regulations (FMCSRs) governing periodic inspections and inspector qualifications. Participants will gain a practical understanding of the inspection standards found in 49 CFR Part 393 and Appendix A to Part 396, while learning how to identify defects that can cause a vehicle to fail a required annual inspection. WHAT THE COURSE COVERS The self-paced online program walks participants through every major system and component that must be evaluated during a DOT annual inspection, including: • Vehicle applicability and FMCSA inspection requirements • Lighting and reflective devices • Brake systems and brake adjustment standards • Steering and suspension components • Tires, wheels and exhaust systems • Coupling devices and trailer inspection points • Fuel systems and cargo securement • Rear impact guards and structural components • Inspection reports and proof-of-inspection requirements Throughout the course, participants learn how to recognize defects that may result in out-of-service conditions or failed inspections, while reinforcing the regulatory standards that inspectors are expected to understand and apply. SUPPORTING INSPECTOR QUALIFICATION REQUIREMENTS Federal regulations require that individuals performing annual inspections be qualified under 49 CFR 396.19. Qualified inspectors must understand inspection criteria, be knowledgeable in inspection procedures and equipment, and possess the necessary training and/or experience to perform inspections competently. Documentation supporting those qualifications must be maintained by the employer. The course will provide valuable training documentation that can help support an individual’s qualification records and demonstrates a commitment to maintaining a knowledgeable inspection workforce. FLEXIBLE, SELF-PACED LEARNING The online format allows participants to complete the training at their own pace. The program includes review quizzes throughout the course, and participants may revisit course material as needed before completing assessments. Upon successful completion, users can download and print a certificate documenting their training. To be notified when the FMCSA DOT Inspection Training Course becomes available, please contact NHADA at support@nhada.com or call (603) 224-2369. BY JAY O’LEARY Government Relations & Compliance Specialist, NHADA New FMCSA DOT Inspection Training Course Coming Soon 17
BY BRIAN DUPLESSIS Loss Prevention Supervisor, NHADA OSHA recently updated its national emphasis program related to heat stress, identifying 55 industries at highest risk for heat-related hazards, including automotive repair. This is a timely reminder for members to take steps to prevent these types of illnesses in the coming months. Heat-related injuries can be very serious and even deadly, making it crucial to establish a plan of action that is implemented whenever the heat index (a combination of air temperature and relative humidity) is above 80 degrees. OSHA guidance for heat illness prevention plans includes: • The plan should be written, rather than verbal. • Employees should be trained in heat illness prevention practices. • Cold beverages should be supplied to keep employees hydrated. • Workers should have access to air-conditioned break spaces. • Employees and conditions should be monitored on an ongoing basis. • Cooling personal protection equipment (PPE) should be supplied. NHADA Loss Prevention can assist with the development and implementation of a heat illness prevention plan and has made a heat-related illness prevention training course available online to raise awareness of the dangers posed by extreme heat and how to avoid getting sick in hot weather. The brief training presentation covers the types of heat illnesses, symptoms to watch for and steps to take to stay safe. The training also covers requirements of OSHA’s proposed standard for heat exposure (which includes employee training). Due to the serious nature of heat illnesses, NHADA Loss Prevention strongly recommends members take steps to keep employees safe, including sharing this important training information. The online training is quick, convenient and includes a short quiz. Contact your Loss Prevention Representative for assistance or scan the QR code below to enroll your employees in the training course today. https://www.nhada.com/training/heat-related-illnessprevention OSHA Re-Emphasizes Heat-Related Illness Prevention 18
NHADA WCT Returns $3.5 Million in Rebates NHADA Workers’ Compensation Trust (WCT) members should now have their workers’ compensation rebate checks. The NHADA WCT Board of Trustees and staff are pleased to be able to return $3.5 million dollars as the 2026 rebate. Funds from 2020, 2021, 2022, 2023 and 2024 were released, based on the actuarial analysis and WCT Board approval, to make up the 2026 rebate. The actuaries’ goal is to release as much money as possible from past fund years while retaining enough money in reserve for the WCT to remain in the 99% confidence level — money held in reserve is intended to cover losses both reported and yet-to-be reported. No money is released from the 2025 fund year as those claims continue to develop. When claims are over one year old, their ultimate cost is more predictable, and the actuary has greater confidence in releasing funds for that year. The 2026 rebate brings the total amount returned to NHADA WCT members since our inception to $108,613,762. In addition to returning on average 40% of premiums back to members in the form of rebates, the WCT Board of Trustees has reduced rates 10 out of the past 11 years. Between the decreasing rates in an otherwise volatile market and the annual rebate, the NHADA WCT remains a truly cost-effective solution to workers’ compensation coverage. Members must continually keep in mind that their rebate and workers’ compensation premiums are directly related to their claims experience. The better a member’s experience, the higher the rebate and the lower the experience modification factor, translating to lower premiums. Preventing injuries from occurring continues to be the single most effective way to decrease workers’ compensation costs and increase rebates. Members who incorporate risk management controls into their business culture have fewer losses and higher rebates than members who do not. These risk management controls include: • Providing regular recommended staff trainings; • Performing slip and fall prevention; • Having regular safety committee meetings; and • Complying with loss prevention recommendations. When injuries do occur, members who complete the following keep their claims costs to a minimum and enjoy higher rebates than members who are not actively engaged in managing their claims: • Immediately contact NHADA post-injury; • Are actively involved in the management of claims; • Maintain contact with the injured employee; and • Provide temporary alternate duty work as soon as the employee is released to return. Every member would like more money at rebate time, but members who are committed to hiring the best people, preventing injuries and managing their claim costs are the happiest when the checks are delivered. Low claims = higher rebate check! 19
NHADA was proud to once again co-host the 2026 SkillsUSA New Hampshire State Automotive Competition at the end of April. Nearly 50 high school students from across the state gathered to put their skills to the test, competing for the opportunity to represent New Hampshire on the national stage in Atlanta, as well as earn top honors and industry-recognized prizes. With the support of dedicated educators, industry partners and volunteers, the event delivered a full day of rigorous, real-world competition that showcased both technical ability and professionalism. 2026 SkillsUSA Competitions COMPETITION CATEGORIES Students competed in six primary transportation-related areas: • Power Equipment Technology • Diesel Equipment Technology • Collision Repair Technology • Automotive Service Technology • Automotive Refinishing Technology • Automotive Maintenance and Light Repair COMPETITION TASKS Competitors rotated through a series of hands-on stations designed to mirror real-world industry expectations: • Mechanical Repair: Engine repair, wiring repair, thread repair and steering/suspension • Diagnostics: Engine performance diagnostics and electrical circuit testing • Professional Skills: Simulated customer service interactions, job interview techniques, personal protection equipment (PPE) knowledge, technical service information retrieval and resume evaluation 20
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