importance is the requirement to disclose the Offering Price in the first response to a communication that refers to a specific vehicle, or monetary amount or finance term for any specific or group of vehicles. Employees will no longer be able to ask the customer to come in to discuss pricing or ignore any such communications. Regular training sessions should be conducted to address potential compliance gaps and ensure that employees are prepared to interact with consumers under the new rules. The concept of a disclosed and advertised Offering Price will take some understanding, training and likely a change of many policies and sales practices at dealerships. 6. Review and Update Vendor Contracts Dealers rely on various third-party vendors for services like advertising, CRM, and digital communication tools. As the Rule holds dealerships accountable for compliance, even when outsourcing services, dealers must review and update vendor contracts to ensure that all parties are familiar with and compliant with the Rule. It may also be wise to implement regular compliance checks with vendors to prevent any violations that could result in FTC penalties. 7. Engage with Vendors to Ensure Compliance Dealers should consider engaging vendors who can help meet their compliance requirements under the Rule. This includes reviewing website Vehicle Display Pages (VDPs) and advertisements, as well as generating compliant advertisements. Additionally, dealers should review their F&I practices through audits of deal jackets to ensure their disclosure documentation, finance and consumer practices are compliant. Given the complexity of dealership regulations and the unique environment in which dealers operate, it’s essential that they work with knowledgeable compliance personnel for these types of services and audits. Compliance vendors must have expertise not only in the legal requirements dealers face but also in the operational aspects of dealerships to provide actionable feedback and recommendations. MTADA-endorsed member ComplyAuto has developed ComplyAuto Guardian, a patented AI-based technology to support compliance efforts. Guardian uses artificial intelligence to scan websites and advertisements for compliance and even to generate compliant advertisement text. In addition, Guardian utilizes the most powerful tools in the industry to conduct efficient, comprehensive and thorough deal jacket audits and reviews. ComplyAuto’s Guardian accomplishes these tasks with an eye on federal and state law compliance — the only tool in the industry to do so. The Guardian software also stores advertisements and analyzes written communications to identify potential CARS Rule compliance gaps. Dealers can benefit from using Guardian today but should the CARS Rule become final, Guardian is easily adapted to assist dealers with meeting specific CARS Rule compliance requirements. CONCLUSION The FTC’s CARS Rule, if it survives the legal challenge, and goes into effect, will represent a major shift in how dealerships operate, particularly concerning advertising, consumer interactions and recordkeeping. Even though the Rule’s effective date is paused while the Rule is under legal review, now is the time for dealers to start getting ready for the Rule by auditing their processes, updating their systems and training employees. Dealers should also reach out to ComplyAuto to see how the Guardian suite of tools can help you now — and into the future. For more in-depth analysis of the CARS Rule, NADA members are encouraged consult the recently-published Driven publication “A Dealer Guide to the FTC Vehicle Shopping Rule,” which was co-authored by ComplyAuto. To access the NADA dealer guide to the FTC Vehicle Shopping Rule, scan the QR code. https://www.nada.org/nada/education-consulting/driven-management-guide/dealerguide-ftc-vehicle-shopping-rule-l62 46 MONTANA AUTO DEALER
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