October 2020 - Greater Cincinnati Automobile Dealers Association

Five Ways The U.S. Elections Might Affect The Auto Industry

By Scott Tengler, Contributor

Let’s be honest: 2020 has been a dumpster fire. A global pandemic has trashed the international marketplace, unemployment spiked to its highest point since The Great Depression and, speaking of depression, symptoms of mental angst have risen three-fold since the start of the novel coronavirus lovingly known as Covid-19. People around the globe want that easy fix, and elections naturally represent a time of replenishment. Hope. And those within the United States are specifically wishing the upcoming elections shall positively boost the nation and major industries such as automotive.

However, not so fast. Sometimes elections help, sometimes they hurt and sometimes they have no perceptible effect. So let’s take a quick look at five potential ways the upcoming elections might affect the auto industry: post-election sales, industry regulation, governmental relations, international tariffs and foreign exchange effects.

Post-Election Sales

Depending upon news sources, one might hear two opposing, supposedly-fact-based predictions: either “Conservative, fiscal policies allow corporations to thrive and revenue to increase” or “Taxing corporations rather than middle-class households creates greater spending cushion for the masses, which boosts sales.” However, here’s one truism that’s consistent throughout: facts and politicians are distant cousins, especially in the digital age of social media.

Here’s the truth based upon quantitative fact: automotive sales diminish in the six months after an election regardless of the party elected or incumbent status going back to 1976. In fact, the data is so clearly statistically significant in some months (0.96) that elections’ correlation to new vehicle sales surpasses the new car sales’s correlation to unemployment (0.81). In other words, the head of the household is more likely to announce, “You know, we just elected a POTUS, so let’s pause that new car” than “Maybe being unemployed should curb my vehicular spending.” Certainly there must be alternate, hidden causational factors, but the correlations are clear: do not expect the election to stimulate automotive sales.

Likely Effect: Negative

Industry Regulation

Automotive buyers and industry executives might have opposite wants on industry regulations such as functional safety, environmental emissions and cybersecurity: the former group wanting stricter oversight and the latter wanting laissez-faire leadership.

And depending upon which fear-mongering commercial a biased media outlet is airing, observers might believe Trump and the Republicans’ history of deregulation shall unfairly favor the corporations or Biden and the Democrats’ platform stands to impose burdensome rules. For example, one public policy organization keeps a running tracker of 235 “deregulations in the Trump era” ranging from the repealing of emissions standards to amendments on hazardous materials regulations to even motor carrier hours of service.  And conversely, one prominent law firm reviewed the Biden Energy Plan by saying it “… represents a significant paradigm shift on energy policy within the Democratic Party….” And looking at Democratic Vice-Presidential nominee Senator Kamala Harris’s record, there is reason to believe she will favor a functional safety and environmentally conscious policy.

The short-term truth: the election will not immediately act as the salve for 2020’s pains here either. Both the Congress and the federal courts will have holiday recesses in November and December, and the vast majority of regulatory actions do not occur soon after the election. For instance, of the 235 aforementioned deregulations, only twenty-five (25) occurred within twelve months of the 2016 election and most of those were in the 11th month.

Yes, the long-term truth might be significant. The Trump Administration originally had the goal of repealing 469 and suspending another 411 Obama-era regulations (and other 391 that would eventually be reevaluated). In the end, though, the fear of expensive recalls, prolonged litigation and punitive damages are much more likely to inspire appropriate engineering rigor and corporate improvements than any election. The governments have typically allowed federal agencies, civil courts and Wall Street to determine the financial fates of automotive miscreants (e.g. Takata).

Likely Effect: Little in the Short-term

Governmental Relations

Sometimes industry and governments work together in harmony, and sometimes they cast accusations like bludgeoning stones in front of rolling cameras. Again, the naïve, biased listener might either believe the declarations that conservative, Republican leadership belly-up to the bar with CEOs or read polls like the 2013 Gallup survey that suggested more Democrats (54%) than Republicans (44%) have a positive rating of the automotive industry.

In reality, both parties will tell the public they are “the greater friend of industry” after an election and find advantageous times to grandstand before an election. Almost coincident with the 2008 elections, Republican Representatives like Brad Sherman famously asked the automotive CEOs who flew private jets to Washington D.C. seeking $25B in federal loans if they flew commercially. Soon thereafter, Senate Democrats proposed denying bonuses to U.S. auto executives with salaries over $250,000 per year in exchange for the loans. And earlier this year, the “Commander in Tweet” attacked General Motors GM +2.9% on Twitter stating the automotive manufacturer somehow wasn’t producing medical equipment quickly enough during a time when the incumbent’s reelection numbers were souring.

In reality, election years bring out the worst in politicians so November, in theory, should decrease the mudslinging and reinvigorate the industry-government partnership.

Likely Effect: Positive

International Tariffs and Treaties

Changes in tariffs and treaties can either empower or restrict free trade and date back to 1789. Tariffs typically protect domestic jobs from foreign imports while causing the consumer to pay higher prices, and 2020 was no stranger to tariffs with $80B of new tariffs imposed on thousands of products. Treaties can open new marketplaces to commerce akin to the North American Free Trade Agreement (NAFTA). So will tariffs or treaties shake-off the 2020 blues?

Probably not.

Most of the large tariff actions – both increases and decreases — have not occurred soon after an election: the Tariff of Abominations (1828), the Underwood Law (1913), the Smoot-Hawley Tariff (1930), the Trade Agreement Act (1934), the Gatt Agreement (1947) and the Trump Reciprocity Trade Wars (2019). The only significant increase in tariffs after an election was the Morrill Tariff (1861) which was adopted just five weeks after James Buchanan became POTUS and was part of his platform.

Treaties also appear to be lesser in the years after an election. From 2000 onward, there have been 175 treaties ratified with an average of 18.2 treaties confirmed within an election year and only 2.2 treaties on average the year afterwards. In other words, a lot of action before the election, and the year after the election is the equivalent of a professional ball player after signing a fat contract.

Likely Effect: Little in the Short-Term

Foreign Exchange

Fluctuations in the value currencies can have positive and negative effects for global corporations. For instance, if an automotive business case was created in 1995 based upon selling a vehicle in the European Union five years later, the U.S. dollar (USD) fell from 1.3 Euros to the dollar to 0.866 Euros. Therein, understanding the foreign exchange effects from year to year and the effects of elections is important.

From 1995 to 2019, the USD foreign-exchange values in November were the worst on average in presidential election years for the following currencies: the Euro, the British Dollar, the Australian Dollar, the Canadian Dollar, the Chinese Yuan Renminbi, and the New Zealand Dollar. For some of the currencies, the difference was significant: the USD could buy 3.4% more Euros (EUR) and British Pounds (GBP) on non-election years than election years.

Certainly some currencies experienced their best years on average versus the USD in the year after a presidential election, but the difference on average was typically negligible, e.g. 1.3% fewer Indian Rupees on non-election years and 0.1% fewer Hong Kong dollars. The exception to this has been the Japanese Yen, which performed the best on election years, such that on average the USD bought 7.2% fewer Yen in other years.

Likely Effect: Varying, Depending On The Company

Summary

In all likelihood and regardless of winners, the elections will not bring about a step-function panacea. The world will certainly shift in some fashion and, per the hopes of many, hopefully towards some improvements.

What will come to an abrupt end: the election-based spam calls (thankfully).

Scott Tengler worked in the auto industry for more than 27 years for both OEMs and Tier 1s. He is currently Principal Consultant at Kugler Maag Cie helping companies improve their product development.

 

CDC provides Halloween tips for minimizing COVID-19 exposure

The Centers for Disease Control (CDC) has provided tips that will help children and adults enjoy a fun Halloween while minimizing exposure to COVID-19.

Safe trick-or-treating 

  • Avoid direct contact with trick-or-treaters.
  • Give out treats outdoors, if possible.
  • Set up a station with individually bagged treats for kids to take.
  • Wash hands before handling treats.
  • Wear a mask
    • Make a cloth mask part of a costume
    • A costume mask is not a proper substitute for a cloth mask
    • Wearing a costume mask over a cloth mask will make it hard to breath, especially when trick-or-treating.
    • Masks should NOT be worn by children under the age of 2 or anyone who has trouble breathing.

Remain at least SIX FEET away from those who do not live with you

  • Indoors and outdoors, you are more likely to get or spread COVID-19 when you are in close contact with others for a long time.

Wash your hands

  • Bring hand sanitizer with you and use it after touching objects or other people.
  • Use hand sanitizer with at least 60 percent alcohol.
  • Supervise young children using hand sanitizer.
  • Wash hands with soap and water for at least 20 seconds when you get home and before you eat any treats.

 

FTC sounds a warning to all businesses on identity theft

By Cierra D. Newman – Hudson Cook

In June, a large retailer settled claims by the Federal Trade Commission (FTC) alleging that the retailer violated the Fair Credit Reporting Act (FCRA) by refusing to provide victims of identity theft with complete records of questionable transactions.

As part of the settlement, the retailer agreed to an injunction requiring it to comply with Section 609(e) of the FCRA and pay a $220,000 civil money penalty.

The FCRA spells out rights for victims of identity theft and responsibilities for businesses. Identity theft victims are entitled to ask businesses for a copy of transaction records relating to the theft of their identity. Under Section 609(e), businesses-including auto dealers-are required to provide an identity theft victim with application and business transaction records evidencing any transaction that the victim alleges to be the result of identity theft, subject to limited exceptions. Businesses must provide those records no later than 30 days after the date of receipt of a request from a victim with appropriate proof of identity and proof of a claim of identity theft.

Recognizing that millions of Americans have been victims of identity theft, Congress added this requirement to ensure that companies provide victims of identity theft with application and business transaction records about fraudulent transactions made in their names in a timely manner. As a result, when a consumer contacts an auto dealership alleging that someone has fraudulently used the consumer’s identity, the dealership should consider the following information to ensure that it complies with Section 609(e):

Who must comply with Section 609(e)?
A. Most businesses, including auto dealerships, must comply. The law applies to any business that has provided credit, goods, or services to, accepted payment from, or otherwise entered into a transaction with someone believed to have fraudulently used another person’s identification. For example, if your business opened an account in the victim’s name or performed an inquiry or extended credit to someone misusing the victim’s identity, you may be required to provide the records relating to the transaction to the identity theft victim or the law enforcement officer acting on that victim’s behalf.  

Q. What documents must my business provide?
A. Your business must provide application and business transaction records, maintained either by your business or by another entity on your business’s behalf, that support any transaction alleged to be a result of identity theft. Records like invoices, credit applications, or account statements may help victims document the fraudulent transaction and provide useful evidence about the identity thief. 

Q. What are the procedures for requesting these materials?
A. Requests for documents must be submitted in writing. Your business may specify an address to receive these requests. You may ask victims to provide relevant information, like the transaction date or account number, if they know it. You also can require that victims provide: (1) proof of identity,
like a government-issued ID card, the same type of information the identity thief used to open the account, or the type of information you currently request from applicants; (2) a police report; and (3) a completed affidavit. Victims can use the FTC’s Identity Theft Report, available at IdentityTheft.gov, or another affidavit you accept.

Q. Is it ever appropriate not to provide documents?
A. You can refuse to provide the records if you determine in good faith that: (1) you cannot verify the true identity of the person asking for the information; (2) the request for the information is based on a misrepresentation; or (3) the information requested is Internet navigational data or similar information about a person’s visit to a website or online service.

Identity theft victims are entitled to ask businesses for a copy of transaction records. As the FTC sounds a warning, businesses should evaluate their current policies and procedures and consider whether those procedures are in accordance with the FCRA and other applicable laws.

Cierra D. Newman is an associate in the Washington, D.C., office of Hudson Cook, LLP She can be reached at 202.420.1705 or by email at cnewman@hudco.com.

This summer, AGs turned up the heat

By Shelley B. Fowler

We normally think of the summer as a quiet time of year, where not much happens workwise between Memorial Day and Labor Day. Well, this summer certainly hasn’t fit that mold, at least when it comes to state attorneys general setting their sights on dealer misdeeds. At least three A Gs sued dealerships and related individuals in the dog days of July and August. Let’s see what happened.

On July 13, Florida Attorney General Ashley Moody announced that her Office of Statewide Prosecution, in coordination with the Florida Highway Patrol, sued Auto Sports of South Florida and seven individuals for their involvement in a complex scheme to fraudulently take possession of vehicles and apply for duplicate titles by using fictitious documents and methods.

According to AG’s press release, the individuals submitted documents, including fraudulent powers of attorney, to the Florida Department of Highway Safety and Motor Vehicles, making it appear as though the financing for the fraudulently obtained vehicles was paid in full. The investigation revealed that the fraudulent documents allowed members of the group to obtain duplicate titles to the cars. Because the duplicate titles appeared legitimate, the individuals, including the owner of Auto Sports, were able to sell the cars to others for a large profit.

The individuals are charged with 51 counts of offenses, including racketeering, grand theft, identity theft, money laundering, and insurance fraud. If convicted, the defendants face up to 30 years in prison for each of the first-degree felonies charged.

A little more than two weeks later, on July 30, Ohio Attorney General Dave Yost announced that his office sued a defunct used car dealership, Rt. 82 Auto Gallery LLC, and its owners for failing to deliver vehicle
titles to customers. The lawsuit accuses the owners of violating Ohio’s Consumer Sales Practices Act and the state’s Certificate of Motor Vehicle Title Act.

The AG’s press release noted that his office received 33 complaints against the dealership in the past two years, most of which alleged a failure to provide titles. The AG’s Consumer Protection Section provided more than $70,000 in payments to impacted customers from the Title Defect Recision Fund, a program that helps used car buyers resolve title problems. The AG’s lawsuit seeks reimbursement from the owners, as well as civil penalties and an order preventing them from holding dealer or salesperson licenses in Ohio.

Most recently, on August 12, Illinois Attorney General Kwame Raoul announced that his office sued Skokie Motor Sales, Inc., operating as Sherman Dodge, for allegedly violating motor vehicle advertising regulations relating to sales events, trade-in values, discount substantiation, and advertised prices.

In 2014, the AG’s office opened an investigation into Sherman Dodge after receiving complaints from consumers who were unable to purchase advertised vehicles. Consumers alleged that, upon visiting Sherman Dodge to buy a vehicle seen in advertisements, sales representatives would say that the advertised vehicle was already sold and would try to sell them a different vehicle instead. However, the consumers alleged that they continued to see the same vehicle in advertisements for weeks later.
Following the investigation, Sherman Dodge entered into an Assurance of Voluntary Compliance with the AG’s office in 2016. Under the AVC, Sherman Dodge agreed to not sell a vehicle for more than the advertised price, advertise a vehicle that it has already sold or leased, guarantee a specific value for a trade-in, advertise a sale without reducing the selling price of vehicles listed in an advertisement by at least 5%, or include limited rebates in an advertised price.

The AG’s lawsuit alleges that Sherman Dodge violated the AVC by continuing to engage in the activities prohibited by the AVC. The AG alleges
that Sherman Dodge further violated the Illinois Consumer Fraud and Deceptive Business Practices Act by deceptively using fake checks and coupons in its advertisements, failing to disclose a consumer’s potential responsibility for negative equity on a trade­in, failing to pay off a lien on a trade-in promptly, and advertising financing opportunities to those facing bankruptcy. In the lawsuit, the AG is seeking to prohibit Sherman Dodge from engaging in acts or practices that violate the law, rescind all contracts entered into between Sherman Dodge and consumers by use of unlawful methods, and require Sherman Dodge to pay full restitution to consumers.

The AG also is seeking a civil penalty of $50,000 per deceptive act or practice, with an additional $50,000 for each act or practice committed with the intent to defraud and an additional $10,000 for each act committed against a person 65 years of age or older.

Given all this action against dealers in the heat of the summer, I can’t imagine what’s going to transpire when the weather cools down and everyone gets back to business. –

*Shelley B. Fowler is a Managing Editor at CounselorLibrary.com, LLC. She can be reached at 410.865.5406 or by email at rfowler@hudco.com.