COUNSELOR’S CORNER FTC Safeguards Rule – Prepare Now for the Coming Years By Johnnie E. Brown, Esq. Pullin, Fowler, Flanagan, Brown & Poe, PLLC It was wonderful to see everyone at the recent Annual Convention at the Nemacolin Resort in Nemacolin, Pennsylvania. Many positive things are occurring within the motor vehicle dealership industry. Our new franchise law came into effect on June 10 this year, and we achieved a significant legislative accomplishment with B&O tax relief on new cars. We also have seen the implementation of electronic titling at the West Virginia Division of Motor Vehicles, that continues to engage in a significant modernization to better serve the public and assist motor vehicle dealers. The Division of Motor Vehicles deserves praise for its efforts and willingness to work with our industry. Although you may have received updates concerning the franchise law, I wish to reiterate the many significant positive changes. The West Virginia Auto Dealer Association has attached a brochure containing the new franchise law and a summary of the significant changes. If you did not receive one at the Annual Convention or have not received one in the mail, please contact the Association, and they will forward it to you. To mention a few, the new franchise law strengthens a dealer’s ability to receive fair compensation for warranty service, provides warranty audit protections, addresses successorship issues, and details limitations with subscriptions, reservations, over-the-air updates and selling above manufacturer’s suggested retail price. Know that your Association has worked extremely hard to give West Virginia one of the most comprehensive franchise laws in the country. On the other hand, our industry faces many challenges from the government and the manufacturers. I encourage you to consider the following items as we move into the second half of the year and prepare for the coming years. wvcar.com 20 WVADA
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