“2015 Dealer Legislation Talking Points”

Bill #1
1. Digital facility protection. Required to enable dealers to provide consumers with secret new vehicle pricing and warranty information including policy assistance and technical service bulletins.

Bill #2
2. Equal Bargaining Opportunity for all Consumers. Prohibits manufacturers from causing consumers to pay more for the exact same vehicle at different dealerships.
3. Prohibit deceptive advertising. Maryland needs to hold manufacturers accountable for deceptive or misleading advertising by the manufacturers, their dealers, and dealer’s advertising associations.
4. Non-retaliation. To prevent manufacturers from discriminating against Maryland consumers and dealers because of consumer friendly legislation enacted by our legislature.
5. Freedom of Speech: Required to enable dealers to provide consumers with secret new vehicle pricing and warranty information including policy assistance and technical service bulletins.
6. Prohibit Excessive Sales Incentive Chargebacks. Prohibit excessive chargebacks of sales incentives to dealers if the incentive was passed on to a consumer.

Bill #3
7. Equal Bargaining Opportunity for all Consumers. Prohibits manufacturers from causing consumers to pay more for the exact same vehicle at different dealerships.
8. Freedom of Contract. This reform will enable dealers to buy from in-state suppliers when the price is right and pass the savings along to consumers.
9. Right to a jury trial. Maryland must protect the rights of dealers and consumers to a trial before a jury of their peers.
10. Non-retaliation. To prevent manufacturers from discriminating against Maryland consumers and dealers because of consumer friendly legislation enacted by our legislature.
11. Freedom of Speech: Required to enable dealers to provide consumers with secret new vehicle pricing and warranty information including policy assistance and technical service bulletins.
12. Advertising. Manufacturers are responsible for preventing deceptive advertising by their dealers.
13. Consent to transfer a franchise. To protect the ability of dealers to fairly buy and sell dealerships, Maryland should require manufacturers to consent or file a bona-fide objection to a transfer request within 30-days. Manufacturers use this right to control dealers’ treatment of consumers.
14. Reduced audit times & abuse of clerical mistakes. Sales and warranty audits are levers used by manufacturers to encourage dealers to provide less warranty benefits and sales incentives to consumers. Each transaction is audited electronically when the consumer receives the benefit. There is no valid business reason for manufacturers to have more than thirty days to audit past transactions or use clerical mistakes to deny a claim.
15. Increase penalties. To ensure consumers’ rights are protected, Maryland needs to increase penalties to manufacturers for violation of state transportation and consumer protection statutes.
16. Attorney’s fees. Maryland needs to make sure dealers, consumers and the state can recover attorney’s fees from multi-national automakers if they can prove manufacturers violated the rights of consumers or dealers.