Pub. 11 2021 Issue 1

9 w w w . T h e R e d m o n d C o . c o m YOUR FULL-SERV I CE PARTNER: CONSULT I NG RE AL ESTATE BROKERAGE BRAND I NG DES I GN CONSTRUC T I ON L E T R E DMON D B E YOU R PA R T N E R Redmond works as your advocate in the implementation of the Manufacturer’s Facility Standards. By blending experience with insight and innovation, Redmond helps clients elevate their efficiency, cost-savings initiatives, and impact in the market. Contact Redmond today! 262.549.9600 separately. Also, failure to systematically offer and charge the same price to each customer for the same product can sub- ject the dealership to claims of unlawful price discrimination. In marketing the sale of these volun- tary products, dealerships can be held responsible for any claims made as to the nature or value of the products, notwith- standing the use of product vendor mar- keting materials. Dealers should consider requiring product vendors to indemnify the dealership from and against any and all claims, including marketing or adver- tising claims, and requiring vendors to procure insurance coverage (naming the dealership as an additional insured) to back up that indemnification. Additional best practices to consider include ensuring customers are informed about submission of a claim and if the product can be cancelled, along with the cancellation process and eligibility for refunds in the event the product is cancelled. Also, it is important to ensure the dealership is consistent in the way it offers and sells these products. Finally, as the fate of new govern- ment regulations hang in the balance with the ushering in of a new US presi- dential administration and likely shifts in the balance of Congressional power, dealers would be wise to keep informed of all new legal and regulatory changes at the federal and state levels as those can and will undoubtedly impact their busi- ness practices.  Julie A. Cardosi is an attorney and pres ident of the pr ivate f i rm, Law Of f ice of Jul ie A. Cardos i , P.C. , of Spr ingf ield, I l l inoi s. She has pract iced law for 35 years and represent s the bus iness interest s of f ranchi sed new vehicle dealers. Former ly in-house legal counsel for IADA, she concent rates her pract ice in the areas of mergers and acqui s i t ions and other t rans fers of dealer ownership, f ranchi se law, commercial law, state and federal regulator y compl iance mat ters, including employment, and other areas impact ing day-to-day dealership bus iness operat ions. She has al so ser ved as former I l l inoi s Ass i stant At torney General and Deput y Chief of the Consumer Fraud Bureau of the At torney General ’s Of f ice. The mater ial di scussed in thi s ar t icle i s for general informat ion only and i s not intended as legal advice and should not be acted upon as such. Dealers should consul t thei r own pr ivate legal counsel for appl icat ion to thei r speci f ic ci rcumstances. For more informat ion, Jul ie can be reached at jcardos i@autocounsel . com, or at 217-787-9782, ext . 1. In general, dealerships typically utilize a menu-based pricing system in the offer of these optional products to disclose the product costs.