In addition to legislative strategy, NADA and the Texas Automobile Dealers Association (TADA), have filed a legal challenge to the Vehicle Shopping Rule. The U.S. Court of Appeals for the 5th Circuit has set a tentative date of the week of Oct. 7 to hear oral arguments in this lawsuit. CDK CYBER INCIDENT NADA continues to provide updates and guidance to assist dealers in responding to the CDK cyber incident and in strengthening their operations moving forward. The FTC accepted a NADA proposal made in coordination with CDK that permits CDK to file a consolidated breach notification with the FTC on behalf of its dealer clients if CDK determines that the FTC Safeguards Rule’s new federal notification requirement is triggered. Dealers, therefore, have no obligation to file a breach notification with the FTC related to this matter unless dealers opt out of this process. In addition, following a meeting that NADA arranged between CDK Privacy Counsel and ATAE Leadership, CDK notified the executives at state dealer associations that it would also comply with state notice obligations for dealers that do not opt out. Dealers are reminded that (i) the full range of FTC Safeguards Rule requirements remain in effect, and (ii) every state has a breach notification requirement and, although CDK has made the commitment stated above, it has not indicated whether it has communicated with state regulators on the matter. Dealers who use CDK should provide the CDK notice to their legal counsel and review what, if any, action they may need to take to comply with state law. Dealers should also be on alert for phishing scams and suspicious calls and emails. CDK employees “will not and have not been soliciting access or passwords to customers’ systems or environments. Any request should be immediately treated as suspicious.” SAVE THE DATES Regional Meetings with Legislators GADA will again be hitting the road in November and December to meet with dealers and legislators. These events are a great opportunity to meet and get to know your fellow dealers and area lawmakers. Stay tuned for more details! 11/14 Lunch in Atlanta Boones at Bobby Jones Golf Course, Buckhead 11/19 Lunch in Athens Hyatt Place 11/21 Lunch in Macon TBD 12/4 Lunch in Albany Merry Acres Inn & Event Center 12/5 Breakfast in LaGrange Courtyard by Marriott 12/11 Lunch in Rome Courtyard by Marriott 12/12 Lunch in Augusta TBD 12/17 Lunch in Douglas (or Waycross) TBD 12/18 Breakfast in Savannah TBD 13 THE GENERATOR
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