As we’ve reported, CDK obtained permission from the FTC to file a consolidated notice on behalf of all affected dealer clients, should it be determined that the reporting requirement under the FTC Safeguards Rule has been triggered. While this was great news on a federal level, there was still question whether dealers in Illinois – and in other states – would also need to file a notice.

Fortunately, yesterday, CDK announced that they will agree to handle any applicable breach notification requirements also at the state level on behalf of affected dealers (if required). This communication was made to dealers via email and to Automotive Trade Association Executives in a letter available HERE.

CDK is still investigating whether there was any unauthorized access to any personally identifiable information (“PII”). CDK has been actively investigating the issue with the assistance of leading third-party experts. As of now, CDK has not determined that any PII was impacted.

The good news for dealers is that should CDK realize that any PII was impacted, CDK will be making the required notifications for all affected dealers.

As always, the CATA recommends that every dealer consult with his or her legal counsel for further advice. CATA will continue to provide updates as they become available.