gotplates vehicle history report

PULL OUT A CARFAX & RUN THE VIN

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800-901-5950

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are you currently a dmv licensed salesperson ??? consider getting licensed as a wholesale car dealer

DMV licensed salespeople

are getting wholesale car dealer licenses

in record breaking numbers over the past two years

getting a retail car dealer license has its drawbacks

the zoning approval can be difficult

a sharp car salesperson

with a bit of car dealer knowledge

with a wholesale car dealer license

can make a very nice living

use your skills to

acquire, repair and return certified used vehicles

to car dealer auctions and car dealer wholesale inventory

come to our wholesale car dealer class

and get started ASAP

if you are currently a DMV licensed salesperson

your LiveScan fingerprint requirement is waived

+++++

and if you ever have a certified used vehicle for sale

provide us a smog + safety + buyers guide + vehicle history

and a ready and willing cash buyer

and we will draft your

retail used car sale

for a small fee

on our

retail dealer license

DLR 35862

#realcardealerschool

gotplates.com

800-901-5950

autopia

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redstar

does the texas dmv realize that beepi is already breaking the rules in texas ???

Beepi

2100 E Road To Six Flags St, D, Arlington, TX 76011 – Map & Directions

Sales: 888-542-3374

texas licensed locations for beepi

OUNTY GDN # EXP DATE BUSINESS NAME DBA PHYSICAL ADDRESS 1 CITY PHONE LICENSE TYPE
DALLAS P129030 03/31/2017 BEEPI, INC. 3000 W COMMERCE ST DALLAS 8885423374 MOTOR VEHICLE
HARRIS P129288 04/30/2017 BEEPI, INC. 6651 N ELDRIDGE PKWY HOUSTON 8885423374 MOTOR VEHICLE

 

car dealer license forms checklist

A VEHICLE DEALER APPLICATION CONSISTS OF THE FOLLOWING FORMS:
• OL 248A New Dealer Application Check List OR
OL 248B Used Dealer, Dealer-Wholesale Only, and Autobroker Application Check List
• OL 12 Application for Original Occupational License, (Part C)
• OL 21A Original Application for Occupational License, (Part A)
• OL 25 Surety Bond of Dealer ($50,000) OR
OL 25B Surety Bond of Motorcycle Dealer, Motorcycle Lessor-Retailer, All-Terrain Vehicle
Dealer, or Wholesale-Only Dealer (Less Than 25 Vehicles Per Year) $10,000 OR

OL 65/OL 94 with Cash Bond OR

OL 64/OL65 with Passbook or Certiicate of Deposit

• OL 53 Authorization to Release Financial Information
• OL 124 Certiicate of Proposed Franchise
Required for new automobile, commercial, motorcycle, all- terrain vehicle, motorhome, and
recreational trailer dealers only.
• OL 902 Property Use Veriication for Vehicle Dealer’s License
• OL 29 Application for Occupational License Personal History Questionnaire, (Part B)
Required for each person listed under ownership on form OL 12.
• ADM 9050 Appointment of Director as Agent for Service of Process
• DMV 8016 Request for Live Scan Clearance (yellow copy).
Required for each person completing form OL 29. Details on page 9. Out-of-state applicants
call Occupational Licensing at (916) 229-3126 for Fingerprint Card (ADM 1316).

 

please call 2

just what is a buy here pay here car dealer anyway ???

STRUGGLING TO ATTRACT LENDERS? OFFERING BUY HERE-PAY HERE
FINANCING MAY BE THE ANSWER!

By: Keith E. Whann

Your dealership has a good reputation, well prepared tax returns, stable relationships with other creditors and you’ve taken steps to demonstrate your ability to minimize a lender’s risk of lending to your customers, but you still can’t attract new lenders. What do you do now? It may be time to consider doing it yourself! The continued decline of the average consumer’s creditworthiness, steady increase of bankruptcy rates and the uncertainty of our economy now that we are at war in the Middle East have lead many dealerships to consider offering buy here-pay here financing. The phrase buy here-pay here is a term of art that is commonly used to refer to a consumer’s ability to purchase a vehicle and obtain financing for the purchase directly from the dealership. As with other areas within the dealership, there have been numerous changes to the laws and regulations impacting buy here-pay here transactions over past two years. In order to develop a successful buy here-pay here financing program that effectively protects your dealership from legal exposure, it is important to understand the differences between a traditional financed transaction and a buy here-pay here financed transaction.

In a motor vehicle transaction that is financed through traditional means, the dealer will enter into an agreement with the lender authorizing the dealership to offer the lender’s financing program to the dealership’s retail customers. When the dealership sells a vehicle to a customer, it enters into a retail purchase agreement with the customer and assists the customer in obtaining financing for the transaction from an outside lending source. In this scenario, the finance agreement is commonly referred to as two-party paper because it is an agreement between the customer and the lender. In a buy here-pay here financed transaction, the financing portion of the transaction is very different because the dealership is entering into the finance agreement with the customer.

The fact that the dealership is financing the transaction itself will impact everything the dealership does from the types of vehicles it acquires and how it prepares and advertises them for sale to the actual sale and financing of the vehicle. For example, the dealership must have its own credit application, notices related to the extension of credit, a retail installment sales agreement, and paperwork related to the debt collection process. Additionally, the dealership probably needs to modify its spot delivery agreement, delivery confirmation form and existing retail purchase agreement. These forms are impacted by a number of areas of law with which the dealership may not be familiar, including provisions of the Fair Credit Reporting Act, Equal Credit Opportunity Act, Federal Truth in Lending Act, State Retail Installment Sales Acts, the Uniform Commercial Code, Federal and State Debt Collection Acts and the new Federal Privacy and Anti-Terrorism Laws and their implementing Regulations, to name a few. In addition to the challenge of keeping paperwork up-to-date and legally compliant, sales and collection procedures take on a more significant role within the dealership. Keep in mind also that while financing transactions and collection activities between financial institutions and their customers are often exempt under most state unfair and deceptive acts and practices (UDAP) statutes, virtually every facet of the dealership’s relationship with the customer is covered.

Many dealers have found that if they take the time to understand the various legal and regulatory issues impacting buy here-pay here transactions prior to offering buy here-pay here financing, this can not only be an effective financing tool, but a significant profit center for the dealership. As the size of a dealer’s buy here-pay here portfolio grows, however, one of the obstacles dealers face is the negative tax consequences caused by the dealership having to pay tax on the profit from the sale of the vehicle prior to having received payment. For dealers who find themselves facing this challenge, it may be an opportune time to consider forming a related finance company. In the fall of 2002, the IRS issued an updated Audit Technique Guide for the used motor vehicle industry that contains an entire Chapter dealing with related finance companies, including information on how to form, structure and operate a related finance company. In addition, the Guide covers a wide variety of accounting issues that will impact used motor vehicle dealerships. It was developed with input from the used motor vehicle industry and can be used not only as a valuable resource tool, but also to prevent accounting and tax problems before they occur.

With everything that is going on, there will be no shortage of challenges or, depending upon your perspective, opportunities for the motor vehicle industry and your dealership in the upcoming year. Legal and regulatory compliance issues will likely remain on the forefront of the minds of all dealers, as will the lack of financing sources. Dealers have the ability to control their own destiny on legal compliance by updating their forms, conducting compliance audits and attending training seminars, but have fewer options available to resolve their struggle to find additional financing sources. If you are struggling to attract new financing sources, offering buy here-pay here financing may be the answer.

riverside car dealer school is taught by a real car dealer

imagine this

a real car dealer teaching car dealer school

would you be surprized to know

we are the only licensed retail car dealers

certified to teach car dealer education

we are not attorneys

we are not tax advisors

we are not bond agents

we are not insurance salespeople

we are not selling you car dealer forms

WE TEACH CAR DEALER SCHOOL

with real life experience

we specialize in california dmv certified car dealer license training

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Your Car Dealer Bond

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redstar

has @beepi given up on the disruptive technology used car model ???

we are leading experts in dmv certified car dealer education

beepi.com has made significant waves with its launch of a $ 65M used car dealership startup

beepi.com terms its model disruptive technology

and is funded by the same folks who funded disruptive technology company uber

here is a look at their model from a compliance point of view

+++

one glaring issue for beepi.com is compliance with basic business licenses

the law requires every used car dealership to be licensed and have certain documentation

their santa cruz licensed location is virtually abandoned and is unstaffed

with no business hours posted

and no current business license

their los altos location has no license from the DMV

and has been turned down for a business license by the city of los altos

renegade used car dealer startup

or

criminal lawless rogue used car dealer ???

only dmv investigations can decide for sure

here is the dmv inspection report which each dmv inspector completes

when visiting a used car dealers licensed location

has beepi.com passed its latest dmv inspection ???

we would be curious to know

beepi.com status as a licensed dealer also requires a reseller permit

from the board of equalization

we have been unable to confirm their status with the state board of equalization

here is their current car dealer license status:

BEEPI
1303 OCEAN ST STE B
SANTA CRUZ CA  95060
Tel: (866)623-3749
Location Opened : 12/12/2013
Location Closed:
Licensed to Provide,
Offer or Sell:
Used Auto/Commercial Vehicle Dealer.
License Information
License No.: 84834
License First Issued: 12/12/2013
Operator or Contact:
Owner of Business: CARSAVVY INC

+++

+++

our cursory review of the beepi.com basic license compliance

is part of our committment to quality dmv certified education

if you are unhappy with a vehicle sold to you by beepi.com

contact Commander Tom Wilson of the California DMV

559-444-2529

a completed DMV complaint form INV-172 will be required

+++

if you are interested in becoming a licensed car dealer

we offer our classes in 39 california cities

visit gotplates.com for dates, times and class locations

800-901-5950

got1

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bondpotofgold

 

 

 

 

sherman oaks dmv certified car dealer license training

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dmv requires a training class to take your car dealer license examination

dmv requires you pass a 40 question exam to submit your car dealer license application

we teach the required dmv license certification class in more places than anyone else

find out why our competition struggles to match our offer

could it be better value??

could it be better pricing??

could it be our dedication to customer service??

we like to think it is all three

visit our website to see our entire class schedule

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joseph is our car dealer license instructor in sherman oaks

415-730-3131

we have a class in sherman oaks every month

http://gotplates.com/cities.php?city=Sherman%20Oaks

good luck with getting your car dealer license

dmv investigators following the trail of odometer fraud

Calculating The Mileage All The Way To County Jail

DMV Investigators Arrest Odometer Tampering Suspect

When California Department of Motor Vehicles investigators learned a vehicle being registered with the DMV appeared to have a tampered odometer, they went to work to identify who did it.  What they uncovered led to the arrest of Alberto Navarro Zapata, 27, and the discovery of at least six vehicles with altered odometers.

“This is a huge problem in California, more so than in any other state,” said Kenny Ehrman, president of the Association of Motor Vehicles Investigators of California.  “The  people who buy these vehicles often get stuck with huge repair bills because the vehicles have tens of thousands of miles more on them than the odometer shows.  People who rollback odometers and sell the vehicles often prey on families who struggle to make ends meet and often don’t speak a lot of English.” 

Zapata was arrested in Stockton February 27, 2014 after a seven month investigation that revealed  he was purchasing Honda and Acura vehicles, lowering the vehicle’s odometer, altering the title, then reselling the vehicles on Craigslist across the Central Valley.

DMV Investigators found Zapata sold six vehicles with altered odometers adjusted by an average of 100,000 miles lower than the actual mileage. Craigslist records revealed Zapata posted approximately 98 vehicles on the site in a 19 month period. Investigators suspect there are other vehicles that Zapata has sold and rolled back the odometers.

“This means the suspect was charging victims a whole lot more than the vehicle was actually worth,”  said Alan Barcelona, president of the California Statewide Law Enforcement Association (CSLEA).  “Sadly there are likely additional victims.  I’m grateful our CSLEA members who are DMV investigators are able to track down these liars and thieves and lock them up before they victimize yet another hardworking individual.”

Zapata resisted arrest and was apprehended with the assistance of a Stockton Police K9 unit.  He is being held at the San Joaquin County jail on a warrant with a bail amount of $55,000.

How to Detect Odometer Fraud:

–    Check with the manufacturer to see what work was done under the warranty and what the mileage was at the time the work was done.
–    Ask to see the title and compare the mileage listed on the title with the vehicle’s odometer.
–    Examine the title closely to see if the mileage notation seems obscured or altered.
–    Compare the mileage with maintenance or inspection records.
–    Check if the seller’s identification matches the registration and titling documents.

If you think you have purchased a vehicle from Zapata, the DMV is encouraging you to contact the Stockton DMV Investigations Office at (209) 473-6964.

california dmv dealer license continuing education exemption for

Adobe Acrobat Reader is required to view, fill out and print forms. To incorporate the latest accessibility features download of the latest version of Acrobat Reader may be required. If you have problems with Acrobat Reader or our PDF form, select PDF Troubleshooting.

Occupational Licensing Forms page

the question for @beepi becomes how far can we stretch the dmv rulebook with disruptive technology ??

WHAT’S BEEPI:

Beepi is the disruptive force that’s resuscitating a broken used car industry! It’s an online

platform that connects buyers and sellers in an organized, efficient and safe environment.

Sellers list their cars, and once they pass our comprehensive 185-point inspection and

become Beepi-certified, they are made available to buyers. Beepi then delivers cars straight

to buyers’ front doors, providing them with a transparent, and fun experience!

WHY BEEPI:

Beepi is a rocket ship bound for the moon that’s already started the launch count-down.

Thanks to our stellar team and the support of our venture-partners, we have all the tools we

need to make a huge splash, and we’d like you to join. We’re a group of fun, young, creative

team players who celebrate a job well done and push the boundaries of innovation. If you

think you’ve got what it takes to become an agent of change and to manage the operations

of a consumer-facing company experiencing hyper-growth, this role just might be for you!

OUR MISSION:

To create a revolutionary used car economy, empower people to transact with ease,

freedom, confidence, and with no intermediaries. We have no doubt that we have the recipe

to create an awesome experience for the customer AND employee is through bringing

together high performing professionals who share the same vision! Be warned, we’re

bringing together a dedicated team that’s willing to put it all on the line to succeed. 9-5ers

need not apply.

Job Description

We’re a technology company with data leaking out our ears, and no one to examine it! That’s why we need you, intrepid number-master, who can sift through voluminous tables and turn them into tack-sharp insights and actionable recommendations. At Beepi, you’ll examine call records, website traffic, user experiences, advertisement performance, social media presence, unit economics, market conditions in the used car industry, and more.

RESPONSIBILITIES

  • Gather, record, and sort all incoming data that can be used to improve Beepi’s product, customer experience, and performance
  • Provide regular presentations of this data to the company in a way that provides actionable insight
  • Build systems to gather data on all aspects of Beepi’s operations where current systems are inefficient. For example, finding new and seamless ways to record and qualify call volume.
  • Pursue new practices and software options to maintain tight control of data as Beepi experiences hyper-growth.

This position reports to the VP of Digital Growth and will be involved in a variety of projects to nurture Beepi’s data-driven nature.

Qualifications

REQUIREMENTS:

  • Must have applicable degree from accredited 4-year higher education institution (Computer science or electrical engineering majors are preferred)
  • Strong experience in Data Warehouse/Hadoop and Business Intelligence application development
  • Good programming skills
  • Experience in accessing external APIs and/or building APIs
  • Must be an SQL master!
  • Must have a minimum of 2 years working in Data Analysis
  • Must be Passionate about the disruption of the current automotive industry
  • Must have sharp attention to detail
  • Must have Boundless Energy
  • Must work well with others and understand what it means to be a team player.

Additional Information

BENEFITS:

• Live the startup dream in the heart of Silicon Valley

• Work with an astonishing team who will fight beside you in the trenches to

accomplish the amazing

• Super-Competitive Salary

• 100% Health, Dental, Vision coverage for you and 90% for your family

• Weekly team “happy hours” :)

PRESS COVERAGE:

•http://www.sfgate.com/technology/article/Beepi-offers-a-new-way-to-buy-sell-used-cars-5408268.php

•http://www.huffingtonpost.com/adam-hanft/finally-someone-is-sendin_b_5382730.html

•http://techcrunch.com/2014/04/15/beepi-5m-redpoint/

renting an out of state car dealer license plate is illegal in california

renting car dealer plates is illegal

charging you a monthly fee for auction access is illegal

operating in california on an out of state dealer license is illegal

the only way to be truly legal in california is to attend

#realcardealerschool

gotplates.com

DLR license 35862

DMV list of car dealer school providers as of 2014

+++++

if you are looking for real unrestricted car dealer auction access

you need our car dealer class

you need a current car dealer bond

you need a current DMV LiveScan fingerprint card

you need a current DMV Property Use Verification

you need a temporary car dealer license from your DMV Inspector

you need a completed licensed car dealer Auction Access Application

you will need car dealer insurance and dealer plates to leave the auction

once you make your first car dealer auction purchase

go with the leader in california DMV certified car dealer licensing education

gotplates.com

classes offered in more cities than all other providers combined

find out why we have become so strong ( #1 )  in car dealer licensing education

800-901-5950

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redstar

will brian kelly & @messina2012 allow rogue lawless used car startup @beepi to succeed ???

Brian P. Kelly

Secretary

Brian P. Kelly, Agency SecretaryOn July 1, 2013, Brian P. Kelly was sworn in as the first secretary of the new California State Transportation Agency (CalSTA), which has replaced the Business, Transportation and Housing Agency (BT&H) with a new agency focused solely on transportation. Kelly had previously been running BT&H since March 2012 when Governor Edmund G. Brown Jr. appointed him to lead that agency.

As Acting Secretary, he oversaw 12 departments and several economic development programs and commissions consisting of more than 45,000 employees and a budget of $18 billion — a budget larger than most states in the nation.

The new CalSTA portfolio remains one of the largest in the State of California. Its operations address myriad of transportation issues that directly impact the state’s economic vitality and quality of life including public safety, construction and maintenance, and intercity and high-speed rail.

Kelly has been at the center of most of the major transportation policy decisions in the state of California for the past decade and a half, having served as chief transportation policy consultant for four successive Senate President pro Tempores.

Kelly was executive staff director for Senate President pro Tempore Darrell Steinberg since 2008. He was executive principal consultant for Senate President pro Tempore Don Perata from 2004 to 2008, principal consultant for Senate President pro Tempore John Burton from 1998 to 2004, and assistant consultant for Senate President pro Tempore Bill Lockyer from 1995 to 1998.

got car dealer forms ??? get our starter kit

We are approved by the California DMV

to teach car dealer education

We have created a complete starter kit of dealer forms.

$55. with free shipping

Click here to order your dealer forms kit now:

http://www.gotplates.com/books.php

+++

We include retail car dealer sales forms from Reynolds & Reynolds

sales contract in english & spanish

buyers guide in english & spanish

car buyers bill of rights option form in english & spanish

car buyers insurance form

car dealer not for sale sticker

+++

We include dmv licensing & registration forms

dmv complaint form

dmv records inquiry form

dmv salesperson application

dmv salesperson handbook

used car dealer & autobroker application checklist

property use verification form

postal service verification form

statement of lost plates form

dmv director as agent of service form

auto broker log

dealer modification form

dealer title correction form

dealer delivery form

dmv car dealer bond form

dmv non-operation form’

dmv error statement form

dmv dealer transmittal form

dmv traffic accident report form

dmv permanent trailer identification application

dmv statement of facts form

dmv gross vehicle weight declaration form

dmv license fee refund request form

dmv replacement license plate form

dmv disabled placard request form

dmv vehicle verification form

dmv title application form

dmv duplicate title request form

dmv change of address form

dmv transfer form

dmv release of liability form

We include custom gotplates.com dealer education forms

gotplates auto broker agreement

gotplates car buying service agreement

gotplates auto broker delivery request form

gotplates spanish copy disclosure form

gotplates dmv dealer transmittal form

gotplates certified red flags rule checklist

gotplates red flag examination checklist

gotplates red flag resolution checklist

gotplates red flag training report form

gotplates board of equalization dealer plate personal use reporting form

We also include a Reynolds & Reynolds catalog

Our dealer education course is required to become a car dealer in California

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HOW TO BECOME A CAR DEALER

classes start at $ 100. with prepayment and

completion of an on line tutorial

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we now teach in 39 cities of California

no one teaches more dealer education classes

call Charlotte for a car dealer class today

800-901-5950

thx

+++++++++++++++++++++++++++++

autopia

consider this advice one ounce of prevention

+++++

we are often asked in our car dealer class

what is the most efficient way to register a vehicle on behalf of your customer ???

we use a DMV REG 262 form in most situations

but ocassionally we suggest a durable power of attorney

for

fleet purchases

letter of credit transactions

vehicle being shipped overseas

probate and estate vehicle sales

+++++

car dealer licensing made simple

gotplates.com

800-901-5950

+++++

who is @instamotor ???

used car sign

Image Credit: http://www.flickr.com/photos/gmanviz/3085421999/in/photostream/

Update: It has come to our attention that a very similar service, Carlypso, has been operating since August 2013, and according to a comment thread in Hacker News, Instamotor’s founders have previously interacted with it.

Startups have already begun to solve some “real” and “difficult” problems — laundry, selfies, underwear delivery — but a new company is now taking on a new problem: Selling your car.

Bay Area-based Instamotor, which quietly launched eight weeks ago, wants to make selling a car painless and fruitful by taking care of the entire process and leaving sellers with a nice chunk of change at the end.

Oh, and technology is involved too, but we’ll get to that later.

The problem and the solution

The bottom line is that selling one’s car “sucks,” as the company puts it.

The idea for Instamotor sprung out of cofounder Sy Bohy’s awful experience last summer when he needed to see his car. The private-selling route (i.e., Craigslist) was a long and inconvenient process (scheduling car showings, coordinating with various interested buyers, negotiating, and so on). Selling it to a dealership would have left him with much less money in his pocket than desired.

In fact, used car dealerships normally purchase the cars for only 70-80 percent of the price a seller could get in a private sale, according to Bohy.

As a solution, Instamotor takes care of the entire process. It photographs and makes a pricing recommendation for the vehicle, schedules a wash and mechanical inspection, keeps the listing active across multiple marketplaces, vets and schedules test-drives with potential buyers, and even handles the ownership transfer paperwork — all while the seller continues to use their car.

Their cut? Only five percent of the final sale price.

Unlike dealerships and consignment lots, Instamotor has very low overhead costs (no real estate or full-time staff to employ even when there no customers).

“We come sort of in the middle,” said Bohy in an interview with VentureBeat.

And luckily for them, that five percent cut still represents a huge opportunity: 40 million used cars are sold every year in the U.S., roughly a $600 billion market and a $30 billion opportunity at a five-percent commission, according to the company.

The teammates found each other serendipitously. Bohy connected with Val Gui, a former car salesman, on Hacker News after posting some ponderings about the car selling industry, and Gui happened to already be friends with experience iOS developer and entrepreneur Enea Gjoka.

“The average person buys or sells about nine or ten cars in a lifetime,” said Gui. “They don’t know how to do this. Dealers know what they’re doing and can take advantage of that situation.”

Instamotor 2.0

On the tech side of things, Instamotor is mainly building algorithms to model the car prices it suggests to sellers (Bohy’s background is in computer science and back-end software). It gathers data through crawling and indexing websites such as Craigslist and AutoTrader.

“We [also] built a lot of code around listing the cars on multiple places,” said Bohy, “and making sure cars get continued exposure,” though the team assured us they carefully obey the terms of service of the sites they work with.

Inventory management is another aspect they’ve built software in order to operate better.

However, what’s even more interesting and intriguing about Instamotor’s technology is the next phase in their product — which the team firmly declined to share details about.

But it’s not hard to speculate about: We’d guess it will like start using mobile technologies to help it scale its business, largely because it’s already received numerous seller requests from outside the Bay Area.

“Humans don’t scale,” Bohy said. “One of the biggest advantages for [our model] is that people people can still continue to use their vehicles [while we sell them],” he later added during the interview.

Gjoka’s background is in iOS development, so putting two and two together gives us the likely release of a mobile app (easy to scale) that would guide sellers through an easy and templated process to get their vehicle ready and listed through Instamotor’s service.

GPS tracking built into the app or solutions such as those used by Zipcar to track (and even unlock) cars could also easily come into play in the company’s product roadmap.

Car washes, houses, and cars

While the above is all speculation, Instamotor does (and would) fit into several recent trends.

For example, earlier this month, Keith Rabois revealed his new project, HomeRun, which will similarly handle the entire sale process of a person’s house. The only difference is that HomeRun will first purchase the house from the owner before selling it to a buyer. The buying price is determined through a whole lot of data science . But again, it’s using data to price a commodity and take away as much pain (and time spent!) as possible from the seller.

Cherry, the now-defunct car-wash-on-demand service, is another product that has paved the way for and has created a category for Instamotor. Cherry’s app enabled car owners to request and pay for a car wash, which the company would perform wherever the owner’s car was parked at the requested time. Again, it was a service provided at the time and location convenient to the car owner.

In fact, Instamotor’s team admitted having already spoken with Cherry’s former chief executive about the company and how Cherry’s team operated.

And of course, there are the myriad mobile shopping and selling apps, including Poshmark, Vinted, and Etsy, which offer simple steps for sellers to upload pictures of their items and input key information right through the app.

Though make no mistake: Unlike these shopping apps, Instamotor is a service, not a marketplace.

The team revealed that it had already applied to be part of Y Combinator’s accelerator program (Gui was the actually the first employee of MobileWorks, a Summer 2011 participant), though it also said that it’s exploring other possible sources of funding.

sacramento car dealer license course

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SACRAMENTO DEALER COURSE

DMV Certified Car Dealer Education since 1998

Joseph Weatherman , Instructor

800-901-5950

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56 chevy wg

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Learn how to become a wholesale car dealer

Learn how to become a retail car dealer

Learn how to become a broker

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we are the only dealer class taught by an actual car dealer / broker

we have dealer experience beyond our handbook

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if you want to meet the basic dmv requirements

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go to our competition

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if you want the most comprehensive

sacramento car dealer course

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sacramento car dealer license course

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63 corvette

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Class materials are continually updated

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LOS ANGELES DEALER CLASS

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PASADENA DEALER CLASS

dealerclass.net

DMV Certified Car Dealer Education since 1998

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Retired DMV Training Manager

310-216-1438

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Learn how to become a wholesale car dealer

Learn how to become a retail car dealer

Learn how to become a broker

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we are the only dealer class taught by an actual car dealer / broker

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california dmv downloadable car dealer licensing handbook from gotplates.com

california dmv dealer handbook

This handbook is designed to provide dealers, registration services, and financial institutions with vehicle registration requirements.

.
In addition, the department issues Vehicle Industry News (VIN) memos as needed to inform you of any new procedures and/or requirements that may affect your business. Particular attention should be given to VIN memos, as they supersede or modify the information/requirements shown in this handbook.

.
Dismantler information is provided in the Dismantler’s Handbook and vessel information is provided in the Agent’s Handbook for Registration of Undocumented Vessels.

.

The Handbook of Registration Procedures, Dismantler’s Handbook, Agent’s Handbook for Registration of Undocumented Vessels, and the VIN memos are electronic and available online at dmv.ca.gov. You may receive immediate notification when a VIN memo is released or the handbook is updated by subscribing to the department’s e-mail alert service.

.

To subscribe to the e-mail alert service logon to www.emailalert.dmv.ca.gov/subscriptions.asp.

This page contains detailed instructions on how to subscribe.
The Industry Tools Home Page located at

http://www.dmv.ca.gov/vr/dealer_regservice.htm

provides convenient access to information and links that are pertinent to the vehicle registration industry.

++++++++++++++++++++++++++++++++

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where do i obtain the car dealer license bond form ???

+++++

Obtain a Surety Bond in the amount of $ 50,000.
Wholesale & less than 25 cars/ year then $ 10,000.
The surety bond is a promise by the dealer to honor
all obligations on behalf of the dealership, including
DMV fees and penalties, State sales tax and a
judgment by any court against the dealership.
Cash, Savings or a Bond may be posted.
Your credit report will set the Bond Premium
Some credit scores will require collateral.
The DMV form needed to submit your bond:
http://www.dmv.ca.gov/forms/ol/ol25.htm
If less than 25 cars per year & wholesale only:
http://www.dmv.ca.gov/forms/ol/ol25b.pdf

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dealership and a location.

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dmv reveals odometer fraud is rampant on craigslist

 

odometer rollback scams
odometer rollback scams

KTVU.com

OAKLAND, Calif. —

You might think digital odometers on modern vehicles car can’t be rolled back, but DMV officials tell 2 Investigates that they are even easier to roll back than older odometers.

The amateur videos posted on the Internet look like something out of a video game.  In a matter of seconds, digital odometers are rolled back, sometimes by tens of thousands of miles, at the touch of a button.

Investigators say it’s only some of the evidence of a troubling rise in odometer fraud in California.  A recent study by vehicle history reporting website Carfax found more odometers are illegally “rolled back” in California than anywhere else.

The same study reports more than 295,000 cars with rolled back odometers were on the road in California.  California was also at the top of the list of states with the higest percentage of rolled back odometers, ahead of Nevada, Massachusetts, New York, and Texas.

The U.S. Department of Justice estimates victims of this kind of fraud lose an average of $4,000 per vehicle.

Keat Fleckner of Livermore is among the recent victims.

Fleckner bought a 1990 Toyota pick-up with about 150,000 miles for $2600.  He didn’t know he had been duped until his engine blew out.

“The first thing that goes through your mind is, I’m in the middle of the highway and my truck’s not running,” said Fleckner.

A Carfax vehicle history report revealed the odometer had been rolled back by as much as 150,000 miles, meaning its true mileage was closer to 300,000 miles.

“Then you start reflecting: Did I just buy a piece of crap?” asked Fleckner.

Fleckner chose to keep the truck, but repairs cost him another $5,000.

At DMV headquarters in Sacramento, Commander Tom Wilson showed 2 Investigates how criminals are easily changing digital odometers with equipment meant for mechanics working on cars involved in accidents.

“In previous years, we would get just a few cases trickling in. Now it just seems like the floodgates are open,” said Wilson.

Two recent cases involved more than 500 vehicles, according to Wilson. He showed KTVU more than 50 instrument panels seized by investigators.

In one of the cases, investigators arrested three men for selling more than 200 cars with rolled back odometers.  Wilson says the men moved the cars between the Bay Area and Central Valley to try to cover their tracks.  The suspects also altered car titles to reflect the new lower mileage.

“By their own records, we found they profited almost $296,000 before the radar was even focused on them,” said Wilson.

Virtually all of their business was done on Craigslist.  Investigators say they search the website on a regular basis, looking for red flags.  Experts say cars most likely to have their odometers rolled back are 14 to 15 years old.

Fleckner has now taken on a second job to help pay for the unexpected expenses that came with his truck.

The DMV has published a list of tips and advice to help consumers avoid becoming victims of odometer fraud. Carfax also offers a free way to check a car’s odometer history on its website.

 

 

car buyers…..here is the carfax alternative

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Accident Checks
Related accidents reported by state DMVs and other sources.
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Record of odometer recordings for catching rollbacks and tampering.
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Historical title registrations and detailed vehicle specifications.
To begin, view a sample report or check your VIN here:

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the decision makers in california government for the rogue lawless used car dealer startups

EXECUTIVE STAFF

Brian P. Kelly
Secretary

Brian C. Annis
Undersecretary

Russia Chavis
Deputy Secretary, Transportation Safety and Enforcement

Benjamin De Alba
Assistant Secretary for Rail and Ports

James Duckens
Deputy Secretary, Agency Information Officer

Chad Edison
Deputy Secretary for Transportation

Carol D. Farris
Deputy Secretary Policy Coordination

Gareth Lacy
Deputy Secretary, Communications and Strategic Planning

Ronda Paschal
Deputy Secretary, Legislation

Kyle Simerly
Assistant Secretary for Public Affairs

Michael R. Tritz
Deputy Secretary, Audits and Performance Improvement

Mitchell Weiss
Deputy Secretary, Administration and Finance

Kate White
Deputy Secretary for Environmental and Housing

LEGAL STAFF

Alicia M. B. Fowler
Deputy Secretary and General Counsel

Augustin R. Jimenez
Deputy General Counsel

 

will the FTC weigh in on @truecar’s civil matters ???

it seems the lawlessness of @truecar

has hit a high note this week

we see the following lawsuits that have been filed:

1) Justices paved way for suit against TrueCar

Company denies dealers’ allegations that its advertising cost them customers

Bellavia: Relief for car dealers

A unanimous decision by the U.S. Supreme Court on March 25, 2014, opened the door for dealers representing 117 new-car franchises to file the suit last week.

That decision, in what’s become known as the Lexmark case, determined that standing to bring a false advertising claim under the federal Lanham Act is not limited to direct competitors.

With that decision, in a dispute revolving around toner cartridges, legal experts expected a surge in Lanham Act lawsuits. The TrueCar case is now one of those. Lexmark meant car dealers, even though they don’t compete directly with TrueCar, could seek relief if they suffer damage as a result of TrueCar advertising that is false, said Leonard Bellavia, the Mineola, N.Y., lawyer who filed the lawsuit.

The complaint argues that the dealers, who are not current users of TrueCar, have lost customers to TrueCar’s “false ‘no-haggle’ claims,” “bait-and-switch” advertising, “false transparency claims” and other false claims. It seeks more than $250 million.

TrueCar’s response? Hogwash.

“It’s Lexmark in action. And it will possibly be a case that will look at how the test [of standing] is applied.”

Linda Goldstein
Manatt, Phelps & Phillips

The company blasted the suit as “meritless.” In a statement, TrueCar said it will defend the lawsuit and its business practices “vigorously, and we expect to be fully vindicated,” adding that it has “high confidence that we are compliant with all laws applicable to our business, including those referenced in this litigation.”

The company has been rebuilding its dealership roster in the last few years after it resolved regulatory concerns over advertising and allegations of brokering vehicles.

The company says it now has dealers representing more than 9,000 new-vehicle franchises and over 1,300 used-only dealerships. A Toyota-Scion dealership would count as two TrueCar franchises. That roster is nearly double the 5,571 it counted in 2012 when its regulatory challenges peaked.

TrueCar’s site enables shoppers to fetch guaranteed vehicle prices from its certified dealer network.

In most states, dealers who sell to a TrueCar shopper pay TrueCar $299 for each new vehicle sold and $399 for each used vehicle.

One avenue TrueCar could pursue in its response to the lawsuit is challenging the standing of the plaintiffs.

Despite the Lexmark ruling, it shouldn’t be assumed automatically that the filing dealers have standing, said Linda Goldstein, partner and chair of the advertising division at New York law firm Manatt, Phelps & Phillips. Though plaintiffs don’t need to be direct competitors, they still must establish that they fall within a “zone of interest,” Goldstein said.

“Lexmark has opened the door a bit more broadly, but it’s still not without its limit,” she said.

But the case likely wouldn’t have been brought before the Lexmark decision. “It’s Lexmark in action,” she said, “and it will possibly be a case that will look at how that test [of standing] is applied.”

David Barkholz contributed to this report.

You can reach Amy Wilson at awilson@crain.com.

+++

2) TrueCar Faces Shareholders’ Lawsuit

Online car-buying service, already besieged by auto dealers, faces another suit

By

The suit, filed in a federal court in Los Angeles, claims TrueCar’s investors have incurred substantial losses since the firm’s initial public offering last year because of the false statements made about its compliance with state laws.

A California dealers association sued last week, alleging TrueCar is violating state laws by acting like a dealer but operating without a license. In March, a group of dealers brought a class-action suit against the company, claiming its practices were deceptive and promoting unfair competition.

TrueCar’s stock price closed down less than 1% at $14.02 Thursday.

In a statement, TrueCar said it would “vigorously” defend against the claims made in the class-action suit.

“Disruptive technology and business models like Uber, Airbnb, and now TrueCar, have been challenged on many fronts, including legal,” said Johnny Stephenson, TrueCar’s chief risk officer.

The shareholders’ lawsuit is seeking class action status to recover losses for shareholders who purchased stock between May 16, 2014 and May 20, 2015.

TrueCar bills itself as a “negotiation-free” car-buying services. Through its website, it offers car buyers the ability to shop prices based on what others have paid for similar models and against dealer invoice costs. TrueCar also offers what it describes as guaranteed savings off sticker prices, a discount it secures from the 9,000 franchise dealers in its network.

Write to Christina Rogers at christina.rogers@wsj.com

+++

3) California dealers sue TrueCar

The dealers association filed the 12-page lawsuit last week in Los Angeles Superior Court. Because of TrueCar’s alleged violations, “both the consumer and new car dealers are not being protected,” the association said. The suit asks that the court order TrueCar to comply with California law.

“It’s about somebody out there who’s acting as a dealer and an auto broker but refuses to be licensed as such,” Brian Maas, president of the California New Car Dealers Association, told Automotive News. “This is not about enriching the association. It’s about ‘Tell us what the law is, your honor,’ so we can accordingly tell our dealers what to do.”

TrueCar plans to “vigorously defend” itself in court and expects to be fully vindicated, said Johnny Stephenson, TrueCar’s chief risk officer.

The company has invested “tremendous resources” in ensuring it’s compliant with all laws and regulations, Stephenson told Automotive News.

The lawsuit asks for a court injunction restraining TrueCar from conducting business as a dealer or broker.

TrueCar enables its shoppers to fetch guaranteed vehicle prices from its certified dealer network. In most states, dealers that convert TrueCar shoppers into sales pay $299 per new vehicle and $399 per used vehicle sold.

You can reach Amy Wilson at awilson@crain.com.

+++

perhaps @truecar is having a bad week

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imagine starting a

used car sales model with

millions of venture capital money

and not doing your legal homework

we know the disruptive technology motto

“we would rather be punished than ever ask for permission”

some might call that position pure insanity

some might call it innovative and cutting edge

we call it rogue lawless intentional criminal behavior

the california government is watching you

the FTC is watching you

some obvious problems:

sales tax fraud

truth in advertising

consumer protection

vehicle history disclosure

unfair competitive practices

your used car sales consignment models

can be modified easily to achieive compliance

but that means following the dmv car dealer handbook

@beepi @instamotor @driveshift @carkibo

@roadsterusa @trycarlypso @carwoo

good luck in your search for success

we will be watching you as well

+++

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since 1998

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does jeff brody at redpoint ventures understand the importance of insured dealer license plates on every vehicle in transit ???

we are students of the automotive sales industry

and retired law enforcement training officers

we run the largest dmv certified car dealer school in california

we have watched others pour millions

into failed disruptive technology attempts

look at carwoo

look at truecar

look at best offer

my 3 questions for the beepi.com disruptive technology model are these

where are the buyers guides??

where are the happy stickers??

where are the insured dealer plates??

+++

beepi.com is a licensed used car dealer in santa cruz california

this location, which they admitted to their landlord

is only for purposes of the dmv license

beepi.com seems to be running their operation out of los altos california

from an unlicensed location at 5050 el camino real suite 106

furthermore their disruptive technology model provides delivery to the customer

without a showroom visit to its licensed or its unlicensed location

the questions then arises, if you are transporting these vehicles under tax exempt status

a licensed salesperson or an owner must be present

and the dealer plate with insurance

as required by law

must be posted on the vehicle during transit

we suspect

NONE OF YOUR STAFF HOLDS A VALID SALESPERSON LICENSE

AND VEHICLES IN TRANSIT ARE NEVER DEALER PLATED

AND ONE MUST ASSUME NO VALID CAR DEALER INSURANCE COVERAGE

no salesperson licenses are posted at your santa cruz location

and

because not one photo of a beepi.com car in transit shows a car dealer license plate

AS REQUIRED BY LAW

this one flaw in your disruptive technology used car sales model

when noted by the state board of equalization and the dmv

could spell huge fines and penalties for your $ 65M startup

+++

if you have not addressed these three significant questions

your $ 65M startup is doomed for failure

perhaps a copy of my resume??

can i apply for your dmv liasion position??

+++

gotplates.com

our $ 500 startup

born with love in san francisco

800-901-5950

does george arison of @driveshift expect the dmv scrutiny of his unlicensed used car startup to disappear ???

george arison of driveshift.com
your used car dealer model
is filled with technical errors and omissions
with regards to the current dmv handbook
do you really think blocking us from your twitter
will slow down our attempts for all levels of government
to examine your rogue lawless ways ??
perhaps you underestimate the power the government
holds in the used car sales industry
we would certainly enjoy sharing a cup of coffee
along with a very frank discussion
regarding your $24M unlicensed used car dealer startup
i am a native san franciscan
and well entrenched in dmv car dealer education
i even have a lawful solution to your sales model
if you are even interested in a lawful model
i realize disruptive technology hates to ask for permission
good luck george
joseph
800-901-5950
got2
redstar
61 corvette

who makes the ultimate decision about dmv scrutiny of rogue lawless used car dealer startups ???

Brian P. Kelly

Secretary

Brian P. Kelly, Agency SecretaryOn July 1, 2013, Brian P. Kelly was sworn in as the first secretary of the new California State Transportation Agency (CalSTA), which has replaced the Business, Transportation and Housing Agency (BT&H) with a new agency focused solely on transportation. Kelly had previously been running BT&H since March 2012 when Governor Edmund G. Brown Jr. appointed him to lead that agency.

As Acting Secretary, he oversaw 12 departments and several economic development programs and commissions consisting of more than 45,000 employees and a budget of $18 billion — a budget larger than most states in the nation.

The new CalSTA portfolio remains one of the largest in the State of California. Its operations address myriad of transportation issues that directly impact the state’s economic vitality and quality of life including public safety, construction and maintenance, and intercity and high-speed rail.

Kelly has been at the center of most of the major transportation policy decisions in the state of California for the past decade and a half, having served as chief transportation policy consultant for four successive Senate President pro Tempores.

Kelly was executive staff director for Senate President pro Tempore Darrell Steinberg since 2008. He was executive principal consultant for Senate President pro Tempore Don Perata from 2004 to 2008, principal consultant for Senate President pro Tempore John Burton from 1998 to 2004, and assistant consultant for Senate President pro Tempore Bill Lockyer from 1995 to 1998.

crows landing car dealer school taught in spanish

we are the leaders in

dmv certified car dealer education

gotplates.com

in response to high demand

we are now offer a spanish language car dealer class

in modesto at crows landing for those who prefer a spanish teacher

we offer a downloadable spanish handbook after the class

Click here for Crows Landing class dates

you may call the instructor direct

Jorge Elizalde

El Tio Auto Sales

209-538-1789

got1

 

dmv license plates rules for licensed car dealers

dmv dealer plate use from the california code of regulations

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 13. MOTOR VEHICLES
DIVISION 1. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1. DEPARTMENT OF MOTOR VEHICLES
ARTICLE 3.3. SPECIAL PLATES

ca2013dealer

This database is current through 3/16/15 

§ 201.00. Use of Special Plates Issued to a Dealer, Manufacturer, Remanufacturer, or Distributor.

(a) Special plates referenced in this section may only be used on vehicles that a dealer, manufacturer, remanufacturer, or distributor owns or lawfully possesses.

(b) The following individuals may operate a vehicle with special plates for any purpose:

(1) An individual who is the sole owner, a general partner, a manager of a limited liability company, or a corporate officer or director of a dealer, manufacturer, remanufacturer, or distributor, provided that individual is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor;

(2) A general manager, or business manager, or sales manager who is actively engaged in the management and control of the business operations of the dealer, manufacturer, remanufacturer, or distributor when no other individual meets the criteria in (1) above;

(3) An individual employed by a manufacturer or distributor and licensed as a representative.

(c) Any licensed driver may operate a vehicle with special plates for any purpose if an individual identified in section (b) is also in the vehicle.

(1) An unaccompanied licensed driver, who regularly resides in the immediate household of an individual identified in section (b), may operate a vehicle with special plates solely to pick up or drop off that individual.

(d) A licensed driver who is an employee of a dealer, manufacturer, remanufacturer or distributor may drive a vehicle with special plates when that employee is acting within the course and scope of his or her employment.

(e) Any licensed driver may operate a vehicle with dealer, manufacturer, remanufacturer, or distributor special plates for special event purposes if the operator carries a letter of authorization from the licensee identifying the vehicle, duration, and location of operation, and person(s) authorized to operate the vehicle.

(f) Any licensed driver, who is a prospective buyer or lessee, may test drive a vehicle with special plates for up to seven days.

(1) A salesperson is not required to be present.

(2) If a salesperson is not present, the operator must carry a letter of authorization from the licensee identifying the vehicle, duration, and person(s) authorized to operate the vehicle.

(g) Employees of a commercial vehicle dealer, manufacturer, remanufacturer, or distributor who must operate a commercial vehicle in the course of their employment, may take a commercial drive test in a commercial vehicle displaying dealer, manufacturer, remanufacturer, or distributor special plates.

(h) A trailer, displaying special plates, may be towed by a vehicle with Vehicle Code authority to operate on the highways.

(i) Any use of special plates issued to a dealer, manufacturer, remanufacturer, or distributor except as specified is prohibited.

Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11714, 11715 and 11716, Vehicle Code.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

To subscribe to the e-mail alert service logon to www.emailalert.dmv.ca.gov/subscriptions.asp.

This page contains detailed instructions on how to subscribe.
The Industry Tools Home Page located at

http://www.dmv.ca.gov/vr/dealer_regservice.htm

provides convenient access to information and links that are pertinent to the vehicle registration industry.

++++++++++++++++++++++++++++++++

got2

certified dmv dealer education

gotplates.com

we make it simple for you

800-901-5950

 

is @truecar ready for this car dealer attorney ???

Litigation
Patricia Glaser
Patricia Glaser
Glaser Weil Jacobs Howard Avchen & Shapiro

With her faint West Virginia accent and authoritative demeanor, Glaser long has been one of Hollywood’s smoothest courtroom lawyers. But recently she’s been equally adept settling matters out of the public eye. Keith Olbermann hired her to navigate his thorny transition from MSNBC to Current TV after reading about how Glaser had handled Conan O’Brien’s exit from NBC. “His politics and mine are diametrically opposed,” she says of Olbermann. But they share the same ambition and a love of the Yankees. “He’s a smart guy, very engaging, and we handled the situation appropriately.” A married mother of two boys, Glaser is repping WME in what is expected to be a heated arbitration with former agent John Ferriter. She’s also been hired by reality powerhouse Endemol for a potentially precedent-setting case involving alleged copyright infringement on ABC’s Wipeout.

 

can tesla survive the franchise battle ???

Has the Traditional Automobile Franchise System Run Out of Gas?

Vol. 16 No. 3

ByRoger M. Quinland

 

Gordon & Rees LLP

From books to music to groceries, the internet has radically transformed the distribution of retail goods in the last decade. Companies leading the way have become paragons of retail success (such as Apple and Amazon), while those that were slow to adapt to evolving distribution platforms have withered (Borders, Blockbuster Video). Which fate awaits the local franchised car dealership? Is it time for a change in the way cars are sold?

The Auto Dealer Franchise System

In the early twentieth century, independently owned automobile dealerships were a rarity. Automakers sold vehicles through department stores, by mail order and through the efforts of traveling sales representatives. The prevailing delivery system was direct-to-consumer sales.

In 1898, automobile enthusiast William E. Metzger established what is generally believed to be the first car dealership, a General Motors franchise. SeeThe First Century of the Detroit Auto Show, p.265, Society of Automotive Engineers Inc., Pennsylvania, January, 2000. Today, tens of thousands franchised auto dealers conduct business across the United States.

Direct automaker-to-consumer sales are now prohibited in almost every state by franchise laws requiring that new cars be sold only by licensed, independently owned dealerships. The specific prohibitions in these laws vary from state to state, but most are based on two underlying principles. The first principle is that allowing automakers to sell cars directly to customers will endanger the businesses of automobile franchisees, which presumably do not have the economic resources to compete with manufacturers on vehicle pricing. The second principle is that consumers need a knowledgeable, independent sales intermediary who is capable of guiding individuals through the buying process and can later be called on for support in the event of difficulties with the vehicle.

The promotion of these principles is evident in various state franchise regulations. New York State, for example, has its Franchised Motor Vehicle Dealer Act (see, NY Vehicle and Traffic Law, Title 4, Article 17-A), which prohibits any automaker from possessing ownership in a dealership offering its vehicles. Massachusetts General Laws, Part I, Title XV, Chapter 93B, has a similar ban on manufacturer owned dealerships. In Texas, the sale of new cars is strictly controlled by Occupations Code Title 14, Subtitle A, Chapter 2301, which provides that a manufacturer or distributor may not directly or indirectly own an interest in a franchised or non-franchised dealership.

There have occasionally been challenges to the franchise distribution model for automobiles, but it has, for the most part, been accepted by automakers, dealers and consumers. Recently, however, a nascent automaker’s attempts to bypass franchised dealers in favor of direct to consumer sales has resulted in legal skirmishes with regional automobile dealer associations in New York, Massachusetts and Texas and other states.

Tesla Motors

Tesla Motors, Inc. (“Tesla”) is a San Francisco Bay area based company that designs, manufactures and sells electric automobiles and associated components. In 2008, Tesla captured the imagination of the auto buying public with its introduction the Tesla Roadster, the first fully electric sports car. The Tesla Roadster was followed by the Tesla Model S, a fully electric luxury sedan. The Model S has won several accolades and auto industry awards, including the 2013 Motor Trend Car of the Year, Automobile Magazine’s 2013 Car of the Year, and Time Magazine Best 25 Inventions of the Year 2012 award. Tesla posted profits for the first time during the first quarter of 2013.

In 2008, Tesla began opening automobile retail “Galleries.” This retail model has been opposed by numerous state auto dealer associations, including those in Colorado, Massachusetts, Illinois, New York, Oregon, Texas, and North Carolina, on the basis that Tesla’s retail Galleries operate in contravention of each state’s dealership franchise laws. Tesla argues that since no automobile orders are actually fulfilled at the Galleries, franchised dealership laws do not apply.

Typically, when customers enter Tesla’s Galleries, they have an opportunity to ask questions and read materials about a particular model. Usually, only a single car is on site. If and when a customer asks about purchasing a vehicle, a Gallery employee points out a computer connected to the Tesla factory in Fremont, California. Gallery employees do not take orders, customer payments or make delivery arrangements with customers. Those functions are all managed from Tesla’s Fremont factory.

Legal Challenges

The National Automobile Dealers Association (“NADA”) represents nearly 16,000 new automobile dealers with 32,500 franchises throughout the United States and internationally. See, www.nada.org/aboutnada/. NADA and its members assert that Tesla’s Gallery sales model violates the franchise laws of several states. While NADA itself has not brought an action against Tesla, is has actively supported lawsuits by its members. These lawsuits are intended to drive Tesla towards selling cars through traditional franchised dealerships. Tesla has vigorously defended these actions, arguing that it cannot survive without the ability to sell cars directly to consumers.

In spring, 2012, Tesla opened its first Massachusetts Gallery in the fashionable Natick Mall. Within weeks of its opening, a lawsuit was brought against Tesla by the Massachusetts State Automobile Dealers Association (Mass. State Auto. Dealers Assoc., Inc. et al v. Tesla Motors MA Inc., No. CV2012-1691, Mass. Super. Ct., Norfolk Cty. Dec. 31, 2012). In MSADA v Tesla, the plaintiff claimed Tesla was violating Massachusetts law by conducting sales within the commonwealth at dealerships in which the company has an ownership interest. Tesla countered that because all orders from its Natick Gallery are taken and fulfilled at its California factory, there is no actual sale taking place in Massachusetts. The MSADA argued that Tesla’s delivery method is merely a dodge of the intent of the Massachusetts law.

In January 2013, a Massachusetts Superior Court judge ruled against MSADA, finding that state law doesn’t necessarily give dealers standing to pursue legal claims over manufacturer-owned stores. “This court is unconvinced that the 2002 amendment to Chapter 93B expanded the purpose of the statute to protect the motor vehicle franchise system,” stated Judge Kenneth J. Fishman, referring to provisions of Massachusetts law regarding trades. Id. MSADA is currently considering an appeal of Judge Fishman’s decision.

A New York Supreme Court judge gave Tesla another victory in its efforts to avoid the traditional franchised auto dealership structure. In Greater N.Y. Auto. Dealers Assoc. v. Dept. of Motor Vehicles, No. 5865-12, 2013 WL 3242761 (N.Y. Sup. Ct. Albany Cty. Apr. 10, 2013), Justice Raymond J. Elliott III concluded that the Greater New York Automobile Dealers Association could not assert a claim against Tesla under the New York Franchised Dealer Act. The court also ruled that the dealers could not prove injury arising from the three Tesla Galleries and two service depots currently operating in the state. Id. at *5.

The Greater New York Automobile Dealers Association is predictably unhappy with the ruling, arguing that Tesla’s factory-owned dealer model is “clearly prohibited” by the state’s franchise dealer law. The Dealer Association has not, however, indicated that it will appeal the decision or seek other recourse.

Tesla’s efforts have, however, suffered major setbacks. In April 2013, Tesla’s CEO, Elon Musk, appeared before the Texas Legislature’s House Business and Industry Committee to voice his support for two bills that would allow Tesla to sidestep the state’s franchise dealership laws and sell cars directly to Texas residents. If adopted into law, the two bills—Senate Bill 1659 and House Bill 3351—would provide Tesla with narrowly tailored exemptions from Texas franchise laws. The bills provide that American manufacturers of electric cars that have never previously had franchised dealerships could sell cars directly to Texans.

House Bill 3351 was replaced by a committee substitute that offered auto dealers another layer of protection: if Tesla sells more than 5,000 cars a year in the Texas, it will become subject to existing franchise regulations.

Both Tesla-backed bills failed to reach the floor of the Texas House or Senate for a vote before the Legislature’s regular session ended on May 27. The Legislature will not meet again in a general session until 2015.

More bad news for Tesla recently came from the governments of Virginia and North Carolina. In April 2013, Tesla’s application to the Virginia Department of Motor Vehicles to grant it a special exemption to operate a dealership in that state was declined. Tesla can, and likely will, appeal this decision. On May 9, the North Carolina Senate unanimously passed a bill that appears to be intended to preemptively hinder the automaker. If the bill is passed by the House and signed into law by Governor Pat McCrory, Tesla will be required to sell its cars exclusively through independent dealers in North Carolina.

Tesla has offered an olive branch to automobile dealers by indicating that the company may use franchised dealers after it is on more solid economic footing. Elon Musk has also stated that he would be open to a discussion of a dual retail network—a combination of Tesla-owned and independently owned dealerships—when Tesla’s sales reach one percent of new-car sales market in the United States.

Conclusion

The likelihood that Tesla will successfully convince federal courts to invalidate the various state auto dealer franchise laws in their entirety is remote. In the author’s opinion, Tesla’s greatest chance for success lies with convincing the courts that narrow exemptions from state regulations should be tailored for the company, based upon its unique status in the automotive marketplace.

Ultimately, plotting a course through the state patchwork of laws governing new auto sales will be extremely difficult for Tesla. Perhaps in recognition of this fact, Musk recently told Automotive News magazine: “If we’re seeing nonstop battles at the state level, rather than fight twenty different state battles, I’d rather fight one federal battle.” Amy Wilson, Tesla’s Musk: I’ll Take Store Fight Federal, Automotive News, Apr. 15, 2013. Although left unsaid, perhaps Mr. Musk is planning a lobbying effort of his own with the goal of federal legislation exempting Tesla from the patchwork of state auto dealer franchise statutes.

In a conflict between political influence and free market forces, established auto dealership interest groups have thus far been able to sharply restrict Tesla’s ability to market its products directly to consumers. The auto dealership associations have, to date, been able to convince state legislators to protect their franchisee constituents from direct-to-consumer sales by automakers. Only time will tell whether Tesla can overcome this hurdle to market, and whether it will become the next direct distribution success story (like Amazon) or another casualty of market inefficiencies and entrenched special interests.

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are rogue used car dealer startups @beepi @instamotor @carkibo @roadsterusa @trycarlypso @driveshift @carvana @renovomotors watching @truecar closely ???

it seems the lawlessness of @truecar

has hit a high note this week

we see the following lawsuits that have been filed:

1) Justices paved way for suit against TrueCar

Company denies dealers’ allegations that its advertising cost them customers

Bellavia: Relief for car dealers

A unanimous decision by the U.S. Supreme Court on March 25, 2014, opened the door for dealers representing 117 new-car franchises to file the suit last week.

That decision, in what’s become known as the Lexmark case, determined that standing to bring a false advertising claim under the federal Lanham Act is not limited to direct competitors.

With that decision, in a dispute revolving around toner cartridges, legal experts expected a surge in Lanham Act lawsuits. The TrueCar case is now one of those. Lexmark meant car dealers, even though they don’t compete directly with TrueCar, could seek relief if they suffer damage as a result of TrueCar advertising that is false, said Leonard Bellavia, the Mineola, N.Y., lawyer who filed the lawsuit.

The complaint argues that the dealers, who are not current users of TrueCar, have lost customers to TrueCar’s “false ‘no-haggle’ claims,” “bait-and-switch” advertising, “false transparency claims” and other false claims. It seeks more than $250 million.

TrueCar’s response? Hogwash.

“It’s Lexmark in action. And it will possibly be a case that will look at how the test [of standing] is applied.”

Linda Goldstein
Manatt, Phelps & Phillips

The company blasted the suit as “meritless.” In a statement, TrueCar said it will defend the lawsuit and its business practices “vigorously, and we expect to be fully vindicated,” adding that it has “high confidence that we are compliant with all laws applicable to our business, including those referenced in this litigation.”

The company has been rebuilding its dealership roster in the last few years after it resolved regulatory concerns over advertising and allegations of brokering vehicles.

The company says it now has dealers representing more than 9,000 new-vehicle franchises and over 1,300 used-only dealerships. A Toyota-Scion dealership would count as two TrueCar franchises. That roster is nearly double the 5,571 it counted in 2012 when its regulatory challenges peaked.

TrueCar’s site enables shoppers to fetch guaranteed vehicle prices from its certified dealer network.

In most states, dealers who sell to a TrueCar shopper pay TrueCar $299 for each new vehicle sold and $399 for each used vehicle.

One avenue TrueCar could pursue in its response to the lawsuit is challenging the standing of the plaintiffs.

Despite the Lexmark ruling, it shouldn’t be assumed automatically that the filing dealers have standing, said Linda Goldstein, partner and chair of the advertising division at New York law firm Manatt, Phelps & Phillips. Though plaintiffs don’t need to be direct competitors, they still must establish that they fall within a “zone of interest,” Goldstein said.

“Lexmark has opened the door a bit more broadly, but it’s still not without its limit,” she said.

But the case likely wouldn’t have been brought before the Lexmark decision. “It’s Lexmark in action,” she said, “and it will possibly be a case that will look at how that test [of standing] is applied.”

David Barkholz contributed to this report.

You can reach Amy Wilson at awilson@crain.com.

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2) TrueCar Faces Shareholders’ Lawsuit

Online car-buying service, already besieged by auto dealers, faces another suit

By

The suit, filed in a federal court in Los Angeles, claims TrueCar’s investors have incurred substantial losses since the firm’s initial public offering last year because of the false statements made about its compliance with state laws.

A California dealers association sued last week, alleging TrueCar is violating state laws by acting like a dealer but operating without a license. In March, a group of dealers brought a class-action suit against the company, claiming its practices were deceptive and promoting unfair competition.

TrueCar’s stock price closed down less than 1% at $14.02 Thursday.

In a statement, TrueCar said it would “vigorously” defend against the claims made in the class-action suit.

“Disruptive technology and business models like Uber, Airbnb, and now TrueCar, have been challenged on many fronts, including legal,” said Johnny Stephenson, TrueCar’s chief risk officer.

The shareholders’ lawsuit is seeking class action status to recover losses for shareholders who purchased stock between May 16, 2014 and May 20, 2015.

TrueCar bills itself as a “negotiation-free” car-buying services. Through its website, it offers car buyers the ability to shop prices based on what others have paid for similar models and against dealer invoice costs. TrueCar also offers what it describes as guaranteed savings off sticker prices, a discount it secures from the 9,000 franchise dealers in its network.

Write to Christina Rogers at christina.rogers@wsj.com

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3) California dealers sue TrueCar

The dealers association filed the 12-page lawsuit last week in Los Angeles Superior Court. Because of TrueCar’s alleged violations, “both the consumer and new car dealers are not being protected,” the association said. The suit asks that the court order TrueCar to comply with California law.

“It’s about somebody out there who’s acting as a dealer and an auto broker but refuses to be licensed as such,” Brian Maas, president of the California New Car Dealers Association, told Automotive News. “This is not about enriching the association. It’s about ‘Tell us what the law is, your honor,’ so we can accordingly tell our dealers what to do.”

TrueCar plans to “vigorously defend” itself in court and expects to be fully vindicated, said Johnny Stephenson, TrueCar’s chief risk officer.

The company has invested “tremendous resources” in ensuring it’s compliant with all laws and regulations, Stephenson told Automotive News.

The lawsuit asks for a court injunction restraining TrueCar from conducting business as a dealer or broker.

TrueCar enables its shoppers to fetch guaranteed vehicle prices from its certified dealer network. In most states, dealers that convert TrueCar shoppers into sales pay $299 per new vehicle and $399 per used vehicle sold.

You can reach Amy Wilson at awilson@crain.com.

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perhaps @truecar is having a bad week

dmv certified car dealer education

gotplates.com

56 chevy

gotlicense1

redstar

is 2015 the year of the rogue lawless used car dealer ???

imagine a car dealer school

designed to teach compliance

to silicon valley used car dealer startups

employing the latest in disruptive technology

without breaking every rule in the current dmv handbook

some of the rogue startups

have actually taken our class

+++

+++

most used car dealer startups are rogue lawless used car dealers

we would teach them to obtain licenses for all of their locations

@beepi @instamotor @roadsterusa

@carkibo @shift_cars @renovomotors

all currently operate from unlicensed car dealer locations

licensed car locations require

the use of dmv form OL902

+++

we would teach them to adher to the FTC truth in advertising statutes

@try_carlypso is a

licensed used car dealer

but denys that truth on its website

+++

we would teach them to properly

prepare a consignment agreement

to legally be allowed to resell cars

with your retail car dealer license

@shift_cars @carkibo @renovomotors

currently have no retail car dealer license

+++

renovo

+++

we would teach them to properly prepare and announce

each vehicle offered for sale with

VIN, current smog, division 12 safety check,

& vehicle history report

none of the used car startups

post FTC buyers guides

on vehicles offered for sale

+++

we would teach them to have all sales personnel

regardless of title

be licensed as california licensed salespersons

none of the used car startups 

require sales licenses for sales staff

dmv salesperson application

+++

we would teach them the proper sales techniques

including the car buyers written option for return

the FTC required buyers guide with warranty options

the spanish copy offer for spanish surnamed buyers

and the legally mandated sales contract for all buyers

none of the used car startups offer

return options, warranty options,

spanish documents or conditional sales contracts

 on vehicles offered for sale

+++

we would teach them how to post a

temporary sales permit on each vehicle

and properly report sales taxes to the board of equalization

and registration fees to the department of motor vehicles

none of the used car startups

post ROS figures with the state board of equalization

+++

just a few basic flaws in every disruptive technology used car sales model we have examined

@beepi @carkibo @shift_cars @roadsterusa

@renovomotors @instamotors @try_carlypso

2015 has become the

year of the rogue outlaw used car dealer

dmv car dealer license complaint form

redstar

+++

consumer protection

buyer disclosure

sales tax fraud

+++

just a few flaws in the current crop of used  car disruptive technology startups

+++

dmv certified car dealer education

since 1998

gotplates.com

800-901-5950

got2

 

how does the @beepi squad fulfill these presale inspection obligations ???

we are leading experts in dmv certified car dealer education

beepi.com has made significant waves with its launch of a $ 65M used car dealership startup

beepi.com terms its model disruptive technology

and is funded by the same folks who funded disruptive technology company uber

here is a look at their model from a compliance point of view

+++

one glaring issue for beepi.com is compliance with the inspection of vehicle notice

the beepi.com model provides for an unlicensed employee inspector

not a BAR certified mechanic

to perform an inspection prior to offering the vehicle for sale

the @beepi model does not allow test drives or independant third party inspections

here is the notice required by the california dmv to be posted at every used car dealer sales location

Notice to Public: Inspection of Vehicle
Every dealer who displays or offers one or more used vehicles for sale at retail shall post a notice not less than 8 inches high and 10 inches wide, in a place conspicuous to the public, which states the following:
“The prospective purchaser of a vehicle may, at his or her own expense and with the approval of the dealer, have the vehicle inspected by an independent third party either on or off these premises.”

the @beepi model never allows a showroom visit, vehicles are delivered to the customer and documents are done at delivery

so it begs the question how is this notice delivered to every retail customer of beepi.com ???

their santa cruz licensed location is virtually abandoned and is unstaffed

with no business hours posted

their los altos unlicensed location may be staffed

and may post business hours

but their @beepi model does not allow independant third party inspections prior to the sale

the @beepi model offers a limited return policy after the sale

which does not comply with this portion of the california used car dealer law

renegade used car dealer startup

or

lawless rogue used car dealer ???

only dmv investigations can decide for sure

here is the dmv inspection report which each dmv inspector completes

when visiting a used car dealers licensed location

has beepi.com passed its latest dmv inspection ???

we would be curious to know

the more we look the more we see how the @beepi model is doomed to fail

if they continue on the path of complete disregard for dmv licensing established rules and procedures

+++

+++

our cursory review of the beepi.com used car dealer notice  compliance

is part of our committment to quality dmv certified education

if you are unhappy with a vehicle sold to you by beepi.com

contact Commander Tom Wilson of the California DMV

559-444-2529

a completed DMV complaint form INV-172 will be required

+++

if you are interested in becoming a licensed car dealer

we offer our classes in 39 california cities

visit gotplates.com for dates, times and class locations

800-901-5950

got1

redstar

bondpotofgold

 

 

do you offer credit ??? ( FTC red flag rules )

Fighting Identity Theft with the Red Flags Rule: A How-To Guide for Business

An estimated nine million Americans have their identities stolen each year. Identity thieves may drain accounts, damage credit, and even put medical treatment at risk. The cost to business — left with unpaid bills racked up by scam artists — can be staggering, too.

The Red Flags Rule1 requires many businesses and organizations to implement a written identity theft prevention program designed to detect the “red flags” of identity theft in their day-to-day operations, take steps to prevent the crime, and mitigate its damage. The bottom line is that a program can help businesses spot suspicious patterns and prevent the costly consequences of identity theft.

The Federal Trade Commission (FTC) enforces the Red Flags Rule with several other agencies. This article has tips for organizations under FTC jurisdiction to determine whether they need to design an identity theft prevention program.

Table of Contents

An Overview

Who Must Comply with the Red Flags Rule

FAQs

How To Comply: A Four-Step Process

Endnotes

An Overview

The Red Flags Rule tells you how to develop, implement, and administer an identity theft prevention program. A program must include four basic elements that create a framework to deal with the threat of identity theft.2

  1. A program must include reasonable policies and procedures to identify the red flags of identity theft that may occur in your day-to-day operations. Red Flags are suspicious patterns or practices, or specific activities that indicate the possibility of identity theft.3 For example, if a customer has to provide some form of identification to open an account with your company, an ID that doesn’t look genuine is a “red flag” for your business.
  2. A program must be designed to detect the red flags you’ve identified. If you have identified fake IDs as a red flag, for example, you must have procedures to detect possible fake, forged, or altered identification.
  3. A program must spell out appropriate actions you’ll take take when you detect red flags.
  4. A program must detail how you’ll keep it current to reflect new threats.

Just getting something down on paper won’t reduce the risk of identity theft. That’s why the Red Flags Rule has requirements on how to incorporate your program into the daily operations of your business. Fortunately, the Rule also gives you the flexibility to design a program appropriate for your company — its size and potential risks of identity theft. While some businesses and organizations may need a comprehensive program to address a high risk of identity theft, a streamlined program may be appropriate for businesses facing a low risk.

Securing the data you collect and maintain about customers is important in reducing identity theft. The Red Flags Rule seeks to prevent identity theft, too, by ensuring that your business or organization is on the lookout for the signs that a crook is using someone else’s information, typically to get products or services from you without paying for them. That’s why it’s important to use a one-two punch in the battle against identity theft: implement data security practices that make it harder for crooks to get access to the personal information they use to open or access accounts, and pay attention to the red flags that suggest that fraud may be afoot.

Who Must Comply with the Red Flags Rule: A Two-Part Analysis

The Red Flags Rule requires “financial institutions” and some “creditors” to conduct a periodic risk assessment to determine if they have “covered accounts.” The determination isn’t based on the industry or sector, but rather on whether a business’ activities fall within the relevant definitions. A business must implement a written program only if it has covered accounts.

Financial Institution

The Red Flags Rule defines a “financial institution” as a state or national bank, a state or federal savings and loan association, a mutual savings bank, a state or federal credit union, or a person that, directly or indirectly, holds a transaction account belonging to a consumer.4 While many financial institutions are under the jurisdiction of the federal bank regulatory agencies or other federal agencies, state-chartered credit unions are one category of financial institution under the FTC’s jurisdiction.

Creditor

The Red Flags Rule defines “creditor” based on conduct.5

To determine if your business is a creditor under the Red Flags Rule, ask these questions:

Does my business or organization regularly:

  • defer payment for goods and services or bill customers?
  • grant or arrange credit?
  • participate in the decision to extend, renew, or set the terms of credit?

If you answer:

  • No to all, the Rule does not apply.
  • Yes to one or more, ask:

Does my business or organization regularly and in the ordinary course of business:

  • get or use consumer reports in connection with a credit transaction?
  • give information to credit reporting companies in connection with a credit transaction?
  • advance funds to — or for — someone who must repay them, either with funds or pledged property (excluding incidental expenses in connection with the services you provide to them)?

If you answer:

  • No to all, the Rule does not apply.
  • Yes to one or more, you are a creditor covered by the Rule.

Covered Accounts

If you conclude that your business or organization is a financial institution or a creditor covered by the Rule, you must determine if you have any “covered accounts,” as the Red Flags Rule defines that term. You’ll need to look at existing accounts and new ones6.  Two categories of accounts are covered:

  1. A consumer account for your customers for personal, family, or household purposes that involves or allows multiple payments or transactions.7 Examples are credit card accounts, mortgage loans, automobile loans, checking accounts, and savings accounts.
  2.  “Any other account that a financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks.”8 Examples include small business accounts, sole proprietorship accounts, or single transaction consumer accounts that may be vulnerable to identity theft. Unlike consumer accounts designed to allow multiple payments or transactions — always considered “covered accounts” under the Rule — other types of accounts are “covered” only if the risk of identity theft is reasonably foreseeable.

In determining if accounts are covered under the second category, consider how they’re opened and accessed. For example, there may be a reasonably foreseeable risk of identity theft in connection with business accounts that can be accessed remotely — say, through the Internet or the telephone. Your risk analysis must consider any actual incidents of identity theft involving accounts like these.

If you don’t have any covered accounts, you don’t need a written program. But business models and services change. You may acquire covered accounts through changes to your business structure, process, or organization. That’s why it’s good policy and practice to conduct a periodic risk assessment.

FAQs

  1. I review credit reports to screen job applicants. Does the Rule apply to my business on this basis alone?No, the Rule does not apply because the use is not “in connection with a credit transaction.”
  2. What if I occasionally get credit reports in connection with credit transactions?According to the Rule, these activities must be done “regularly and in the ordinary course of business.” Isolated conduct does not trigger application of the Rule, but if your business regularly furnishes delinquent account information to a consumer reporting company but no other credit information, that satisfies the “regularly and in the ordinary course of business” prerequisite.

    What is deemed “regularly and in the ordinary course of business” is specific to individual companies. If you get consumer reports or furnish information to a consumer reporting company regularly and in the ordinary course of your particular business, the Rule applies, even if for others in your industry it isn’t a regular practice or part of the ordinary course of business.

  3. I am a professional who bills my clients for services at the end of the month. Am I a creditor just because I allow clients to pay later?No. Deferring payment for goods or services, payment of debt, or the purchase of property or services alone doesn’t constitute “advancing funds” under the Rule.
  4. In my business, I lend money to customers for their purchases. The loans are backed by title to their car. Is this considered “advancing funds”?Yes. Anyone who lends money — like a payday lender or automobile title lender — is covered by the Rule. Their lending activities may make their business attractive targets for identity theft. But deferring the payment of debt or the purchase of property or services alone doesn’t constitute “advancing funds.”
  5. I offer instant credit to my customers and contract with another company to pull credit reports to determine their creditworthiness. No one in our organization ever sees the credit reports. Is my business covered by the Rule?Yes. Your business is — regularly and in the ordinary course of business — using credit reports in connection with a credit transaction. The Rule applies whether your business uses the reports directly or whether a third-party evaluates them for you.
  6. I operate a finance company that helps people buy furniture. Does the Rule apply to my business?Yes. Your company’s financing agreements are considered to be “advancing funds on behalf of a person.”
  7. In my legal practice, I often make copies and pay filing, court, or expert fees for my clients. Am I “advancing funds”?No. This is not the same as a commercial lender making a loan; “advancing funds” does not include paying in advance for fees, materials, or services that are incidental to providing another service that someone requested.
  8. Our company is a “creditor” under the Rule and we have credit and non-credit accounts. Do we have to determine if both types of accounts are “covered accounts”?Yes. You must examine all your accounts to determine which are “covered accounts” that must be included in your written identity theft prevention program.
  9. My business accepts credit cards for payments. Are we covered by the Red Flags Rule on this basis alone?No. Just accepting credit cards as a form of payment does not make you a “creditor” under the Red Flags Rule.
  10. My business isn’t subject to much of a risk that a crook is going to misuse someone’s identity to steal from me, but it does have covered accounts. How should I structure my program?If identity theft isn’t a big risk in your business, complying with the Rule is simple and straightforward. For example, if the risk of identity theft is low, your program might focus on how to respond if you are notified — say, by a customer or a law enforcement officer — that someone’s identity was misused at your business. The Guidelines to the Rule have examples of possible responses. But even a business at low risk needs a written program that is approved either by its board of directors or an appropriate senior employee.

How To Comply: A Four-Step Process

Many companies already have plans and policies to combat identity theft and related fraud. If that’s the case for your business, you’re already on your way to full compliance.

1. Identify Relevant Red Flags

What are “red flags”? They’re the potential patterns, practices, or specific activities indicating the possibility of identity theft.9 Consider:

Risk Factors. Different types of accounts pose different kinds of risk. For example, red flags for deposit accounts may differ from red flags for credit accounts, and those for consumer accounts may differ from those for business accounts. When you are identifying key red flags, think about the types of accounts you offer or maintain; the ways you open covered accounts; how you provide access to those accounts; and what you know about identity theft in your business.

Sources of Red Flags. Consider other sources of information, including the experience of other members of your industry. Technology and criminal techniques change constantly, so it’s important to keep up-to-date on new threats.

Categories of Common Red Flags. Supplement A to the Red Flags Rule lists specific categories of warning signs to consider including in your program. The examples here are one way to think about relevant red flags in the context of your own business.

  • Alerts, Notifications, and Warnings from a Credit Reporting Company. Changes in a credit report or a consumer’s credit activity might signal identity theft:
    • a fraud or active duty alert on a credit report
    • a notice of credit freeze in response to a request for a credit report
    • a notice of address discrepancy provided by a credit reporting company
    • a credit report indicating a pattern inconsistent with the person’s history B for example, an increase in the volume of inquiries or the use of credit, especially on new accounts; an unusual number of recently established credit relationships; or an account that was closed because of an abuse of account privileges
  • Suspicious Documents. Documents can offer hints of identity theft:
    • identification looks altered or forged
    • the person presenting the identification doesn’t look like the photo or match the physical description
    • information on the identification differs from what the person with identification is telling you or doesn’t match a signature card or recent check
    • an application looks like it’s been altered, forged, or torn up and reassembled
  • Personal Identifying Information. Personal identifying information can indicate identity theft:
    • inconsistencies with what you know — for example, an address that doesn’t match the credit report or the use of a Social Security number that’s listed on the Social Security Administration Death Master File
    • inconsistencies in the information a customer has submitted to you
    • an address, phone number, or other personal information already used on an account you know to be fraudulent
    • a bogus address, an address for a mail drop or prison, a phone number that’s invalid, or one that’s associated with a pager or answering service
    • a Social Security number used by someone else opening an account
    • an address or telephone number used by several people opening accounts
    • a person who omits required information on an application and doesn’t respond to notices that the application is incomplete
    • a person who can’t provide authenticating information beyond what’s generally available from a wallet or credit report — for example, someone who can’t answer a challenge question
  • Account Activity. How the account is being used can be a tip-off to identity theft:
    • shortly after you’re notified of a change of address, you’re asked for new or additional credit cards, or to add users to the account
    • a new account used in ways associated with fraud — for example, the customer doesn’t make the first payment, or makes only an initial payment; or most of the available credit is used for cash advances or for jewelry, electronics, or other merchandise easily convertible to cash
    • an account used outside of established patterns — for example, nonpayment when there’s no history of missed payments, a big increase in the use of available credit, or a major change in buying or spending patterns or electronic fund transfers
    • an account that is inactive is used again
    • mail sent to the customer that is returned repeatedly as undeliverable although transactions continue to be conducted on the account
    • information that the customer isn’t receiving an account statement by mail or email
    • information about unauthorized charges on the account
  • Notice from Other Sources. A customer, a victim of identity theft, a law enforcement authority, or someone else may be trying to tell you that an account has been opened or used fraudulently.

2. Detect Red Flags

Sometimes, using identity verification and authentication methods can help you detect red flags. Consider whether your procedures should differ if an identity verification or authentication is taking place in person, by telephone, mail, or online.

  • New accounts. When verifying the identity of the person who is opening a new account, reasonable procedures may include getting a name, address, and identification number and, for in-person verification, checking a current government-issued identification card, like a driver’s license or passport. Depending on the circumstances, you may want to compare that to information you can find out from other sources, like a credit reporting company or data broker, or the Social Security Number Death Master File.10 Asking questions based on information from other sources can be a helpful way to verify someone’s identity.
  • Existing accounts. To detect red flags for existing accounts, your program may include reasonable procedures to confirm the identity of the person you’re dealing with, to monitor transactions, and to verify the validity of change-of-address requests. For online authentication, consider the Federal Financial Institutions Examination Council’s guidance on authentication as a starting point.11 It explores the application of multi-factor authentication techniques in high-risk environments, including using passwords, PINs, smart cards, tokens, and biometric identification. Certain types of personal information — like a Social Security number, date of birth, mother’s maiden name, or mailing address — are not reliable authenticators because they’re so easily accessible.

You may be using programs to monitor transactions, identify behavior that indicates the possibility of fraud and identity theft, or validate changes of address. If so, incorporate these tools into your program.

3. Prevent And Mitigate Identity Theft

When you spot a red flag, be prepared to respond appropriately. Your response will depend on the degree of risk posed. It may need to accommodate other legal obligations, like laws about providing and terminating service.

The Guidelines in the Red Flags Rule offer examples of some appropriate responses, including:

  • monitoring a covered account for evidence of identity theft
  • contacting the customer
  • changing passwords, security codes, or other ways to access a covered account
  • closing an existing account
  • reopening an account with a new account number
  • not opening a new account
  • not trying to collect on an account or not selling an account to a debt collector
  • notifying law enforcement
  • determining that no response is warranted under the particular circumstances

The facts of a particular case may warrant using one of these options, several of them, or another response altogether. Consider whether any aggravating factors raise the risk of identity theft. For example, a recent breach that resulted in unauthorized access to a customer’s account records would call for a stepped-up response because the risk of identity theft rises, too.

4. Update The Program

The Rule recognizes that new red flags emerge as technology changes or identity thieves change their tactics, and requires periodic updates to your program. Factor in your own experience with identity theft; changes in how identity thieves operate; new methods to detect, prevent, and mitigate identity theft; changes in the accounts you offer; and changes in your business, like mergers, acquisitions, alliances, joint ventures, and arrangements with service providers.

Administering Your Program

Your Board of Directors — or an appropriate committee of the Board — must approve your initial plan.  If you don’t have a board, someone in senior management must approve it.  The Board may oversee, develop, implement, and administer the program — or it may designate a senior employee to do the job. Responsibilities include assigning specific responsibility for the program’s implementation, reviewing staff reports about compliance with the Rule, and approving important changes to your program.

The Rule requires that you train relevant staff only as “necessary.” Staff who have taken fraud prevention training may not need to be re-trained. Remember that employees at many levels of your organization can play a key role in identity theft deterrence and detection.

In administering your program, monitor the activities of your service providers. If they’re conducting activities covered by the Rule — for example, opening or managing accounts, billing customers, providing customer service, or collecting debts — they must apply the same standards you would if you were performing the tasks yourself. One way to make sure your service providers are taking reasonable steps is to add a provision to your contracts that they have procedures in place to detect red flags and either report them to you or respond appropriately to prevent or mitigate the crime. Other ways to monitor your service providers include giving them a copy of your program, reviewing the red flag policies, or requiring periodic reports about red flags they have detected and their response.

It’s likely that service providers offer the same services to a number of client companies. As a result, the Guidelines are flexible about service providers using their own programs as long as they meet the requirements of the Rule.

The person responsible for your program should report at least annually to your Board of Directors or a designated senior manager. The report should evaluate how effective your program has been in addressing the risk of identity theft; how you’re monitoring the practices of your service providers; significant incidents of identity theft and your response; and recommendations for major changes to the program.12

FTC Resources

Identity Theft
ftc.gov/idtheft

Endnotes

1 The Red Flags Rule was issued in 2007 under Section 114 of the Fair and Accurate Credit Transaction Act of 2003 (FACT Act), Pub. L. 108-159, amending the Fair Credit Reporting Act (FCRA), 15 U.S.C. ‘ 1681m(e). The Red Flags Rule is published at 16 C.F.R. ‘ 681.1. See also 72 Fed. Reg. at 63,771 (Nov. 9, 2007). You can find the full text athttp://www.ftc.gov/os/fedreg/2007/november/071109redflags.pdf. The preamble B pages 63,718-63,733 — discusses the purpose, intent, and scope of coverage of the Rule. The text of the FTC rule is at pages 63,771-63,774. The Rule includes Guidelines B Appendix A, pages 63,773-63,774 — intended to help businesses develop and maintain a compliance program. The Supplement to the Guidelines — page 63,774 — provides a list of examples of red flags for businesses and organizations to consider incorporating into their program. This guide does not address companies’ obligations under the Address Discrepancy or the Card Issuer Rule, also contained in the Federal Register with the Red Flags Rule.

The Rule was amended in 2010 by the Red Flag Program Clarification Act of 2010, 15 U.S.C. 1681m(e)(4), Pub. L. 111-319, 124 Stat. 3457 (Dec. 18, 2010).

2 “Identity theft” means a fraud committed or attempted using the identifying information of another person without authority. See 16 C.F.R. ‘ 603.2(a). “Identifying information” means “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any —

(1)           Name, Social Security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number;

(2)           Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;

(3)           Unique electronic identification number, address, or routing code; or

(4)           Telecommunication identifying information or access device (as defined in 18 U.S.C. 1029(e)).”

See 16 C.F.R. ‘ 603.2(b).

3 See 16 C.F.R. ‘ 681.1(b)(9).

4 The Rule definition of “financial institution” is found in the FCRA. See 15 U.S.C. ‘ 1681a(t). The term “transaction” is defined in section 19(b) of the Federal Reserve Act. See 12 U.S.C. ‘ 461(b)(1)(C). A “transaction account” is a deposit or account from which owners may make payments or transfers to third parties or others. Transaction accounts include checking accounts, negotiable orders of withdrawal accounts, savings deposits subject to automatic transfers, and share draft accounts.

5 “Creditor” and “credit” are defined in the FCRA, see 15 U.S.C. 1681a(r)(5), by reference to section 702 of the Equal Credit Opportunity Act (ECOA), 15 U.S.C. ‘ 1691a. The ECOA defines “credit” as “the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefor.” 15 U.S.C. ‘ 1691a(d). The ECOA defines “creditor” as “any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of any original creditor who participates in the decision to extend, renew, or continue credit.” 15 U.S.C. ‘ 1691a(e). The term “person” means “a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.” 15 U.S.C. ‘ 1691a(f). See also Regulation B. 68 Fed. Reg. 13,161 (Mar. 18, 2003).

The Clarification Act has modified the definition of “creditor” however. For purposes of the Red Flags Rule, a creditor —

“A.          means a creditor, as defined in section 702 of the [ECOA], that regularly and in the ordinary course of business—

(i)            obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction;

(ii)           furnishes information to consumer reporting agencies, as described in section 623 [of the FCRA], in connection with a credit transaction; or

(iii)          advances funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person;

B.            does not include a creditor … that advances funds on behalf of a person for expenses incidental to a service provided by the creditor to that person.”

6 An “account” is a continuing relationship established by a person with a financial institution or creditor to obtain a product or service for personal, family, household, or business purposes. 16 C.F.R. ‘ 681.1(b)(1).  An account does not include a one-time transaction involving someone who isn’t your customer, such as a withdrawal from an ATM machine.

7 See 16 C.F.R. ‘ 681.1(b)(3)(i).

8 16 C.F.R. ‘ 681.1(b)(3)(ii).

9 See 16 C.F.R. ‘ 681.12(b)(9).

10 The verification procedures are set forth in the Customer Identification Programs Rule applicable to banking institutions, 31 C.F.R. ‘ 103.121. This Rule may be a helpful starting point in developing your program.

11 “Authentication in an Internet Banking Environment” (Oct. 2, 2005) available athttp://www.ffiec.gov/pdf/authentication_guidance.pdf.

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Red Flags Rule

On January 1, 2011, the Federal Trade Commission (FTC) began enforcing its Fair and Accurate Credit Transactions Act of 2003 (FACT Act) Red Flags Rule. The Red Flags Rule requires that each “financial institution” or “creditor”—which includes most securities firms—implement a written program to detect, prevent and mitigate identity theft in connection with the opening or maintenance of “covered accounts.” These include consumer accounts that permit multiple payments or transactions, such as a retail brokerage account, credit card account, margin account, checking or savings account, or any other accounts with a reasonably foreseeable risk to customers or your firm from identity theft.

The following resources may be useful to firms:

800-901-5950

car dealer nurse

FTC tips for the red flag rules

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Are you complying with the Red Flags Rule?

The Red Flags Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs — or “red flags” — of identity theft in their day-to-day operations. By identifying red flags in advance, businesses will be better equipped to spot suspicious patterns that may arise — and take steps to prevent a red flag from escalating into a costly episode of identity theft.

Resources on this site can help business people educate their staff and colleagues about complying with the Red Flags Rule.

What Compliance Looks Like

Your Identity Theft Prevention Program is a “playbook” that must include reasonable policies and procedures for detecting, preventing, and mitigating identity theft. Your Program should enable your organization to:

  1. identify relevant patterns, practices, and specific forms of activity — the “red flags” — that signal possible identity theft;
  2. incorporate business practices to detect red flags;
  3. detail your appropriate response to any red flags you detect to prevent and mitigate identity theft; and
  4. be updated periodically to reflect changes in risks from identity theft.

The Red Flags Rule also includes guidelines to help financial institutions and creditors develop and implement a Program, including a supplement that offers examples of red flags.

The FTC and the federal financial agencies have issued Frequently Asked Questions and answers to help businesses comply with the Rule.

Who Must Comply with the Red Flags Rule?

The Rule requires “financial institutions” and “creditors” that hold consumer accounts designed to permit multiple payments or transactions — or any other account for which there is a reasonably foreseeable risk of identity theft — to develop and implement an Identity Theft Prevention Program for new and existing accounts. The definition of “financial institution” includes:

  • all banks, savings associations, and credit unions, regardless of whether they hold a transaction account belonging to a consumer; and
  • anyone else who directly or indirectly holds a transaction account belonging to a consumer.

A change in the law on December 18, 2010 amended the the definition of “creditor,” and limits the circumstances under which creditors are covered. The new law covers creditors who regularly, and in the ordinary course of business, meet one of three general criteria. They must:

  • obtain or use consumer reports in connection with a credit transaction;
  • furnish information to consumer reporting agencies in connection with a credit transaction; or
  • advance funds to — or on behalf of — someone, except for funds for expenses incidental to a service provided by the creditor to that person.

Bookmark this site and check it often for revisions that reflect changes in the law.

 


 

 

Related Topics

Protecting Personal Information: A Guide for Business

Are you taking steps to protect personal information? Safeguarding sensitive data in your files and on your computers is just plain good business. After all, if that information falls into the wrong hands, it can lead to fraud or identity theft.

Avoid ID Theft: Deter, Detect, Defend

A one-stop national resource to learn about the crime of identity theft. It provides detailed information to help you deter, detect, and defend against identity theft.

OnGuard Online

Provides practical tips from the federal government and the technology industry to help computer users be on guard against Internet fraud, secure their computers, and protect their personal information.

Privacy Initiatives

Educates consumers and businesses about the importance of personal information privacy, including the security of personal information.

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