• Prohibits a manufacturer from threatening or taking any prejudicial action against a new motor vehicle dealer arising from the retail price at which a dealer sells a new motor vehicle. • Clarifies the duties and responsibilities of the Manufacturer and motor vehicle dealer for vehicles sold according to a reservation or subscription service and clarifies that the financing of motor vehicles occurs at the dealership. • Allows a Motor Vehicle Dealer to implement a succession plan while the dealer is still living, sets forth a procedure for any disagreements that may arise between the manufacturer and motor vehicle dealer, and allows any designated family member of the dealer to be a designated executive manager of the dealership under the existing dealer agreement. • Increases the protection of a consumer’s data to a motor vehicle dealer when purchasing a motor vehicle. Also clarifies different duties for a manufacturer and other third parties, such as dealer management system providers. Provides a definition of what is “dealer data” and the following: 1. Limits a manufacturer’s ability to share a dealer’s consumer data to a third-party to the consumer data on its same line vehicles sold by the dealer as opposed to access to all consumer data of a motor vehicle dealer. 2. Requires a dealer management system provider to meet Standards for Technology in Automotive Retail Standards (“STAR”) for the protection of consumer data. 3. Prevents a data systems provider from limiting how a dealer shares its consumer data with other required vendors and third parties or charging an unreasonable fee to a dealer or third party for a dealer sharing its consumer data. 4. Requires a data systems provider to cooperate in transferring back the motor vehicle dealer’s consumer data and use a commercially reasonable format to allow reasonable transmission back to a dealer upon the termination of the agreement. Also prohibits the charging of unreasonable fees for returning this data in a commercially usable format. 5. Requires a data systems provider to inform a motor vehicle dealer of any third party the dealer management system provider that it is sharing a motor vehicle dealer’s customer’s data and requires a dealer management system to obtain permission from the dealer to share a dealer’s customer data. 6. Clarifies that the data a customer provides to a motor vehicle dealer is the dealer’s data and allows the dealer to protect that information more securely. 7. Allows a dealer to obtain information from a data systems provider or other third parties that protects the dealer’s consumer data it provided to them. 8. Gives dealers more control over their customer data by limiting what a third party can access. 9. Provides a severability clause and continues to provide the motor vehicle dealer indemnity from any manufacturer or third party who engages in willful or negligent actions or allows an impermissible permissible use of protected consumer data. H.B. 4567 — Relating to business and occupation tax, eliminates B&O tax on new cars. This bill passed both Continued on page 8 It is amazing what can be accomplished when we work together as a team with one collective voice. THANK YOU to everyone who participated! Issue 1 2022 7 WVADA
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