CATA News

The Illinois Department of Transportation released the first official Notice of Funding Opportunity for Round One of the Illinois National Electric Vehicle Infrastructure Program, which will provide up to $50 million for the construction of 46 charging stations across the state.

Applications for funding must be submitted by May 7 at 5 p.m.

A webinar recording on the funding opportunity and how to apply is posted on IDOT’s website for reference throughout the application period.

Click HERE to read the full news release.

Visit the IDOT website to learn more.

[From Edmunds.com] A growing number of consumers are finding themselves upside down on their car loans as the used vehicle market continues to stabilize and used values dwindle. According to the latest Edmunds Used Vehicle Report:

"A storm is brewing in the used market as incentives and inventory continue to trickle back into the new vehicle market," said Ivan Drury, Edmunds' director of insights. "With demand for near-new vehicles on the decline, used car values are depreciating similarly to the way they did before the pandemic, and negative equity is rearing its ugly head."

Edmunds analysts note that the consumers who paid above MSRP for a new vehicle during the pandemic are the most vulnerable to falling underwater on their car loans because their newer trade-ins are the most susceptible to dramatic decreases in value. According to Edmunds data, 1- and 2-year-old vehicles are experiencing the most significant drops in value compared to older used vehicles. Compared to Q3 2022 (when used vehicle values were at their peak), Edmunds data reveals:

"During the last few years, consumers could jump into new car loans and their trade-ins were shielded from negative equity because some dealers, desperate for used inventory, were willing to pay near original purchase prices," said Drury. "These days, consumers need to be more careful — especially if they're trading in newer vehicles — because near-new cars are being hit the hardest by depreciation."

Although a downturn in used values is negatively affecting a growing share of new car owners, Edmunds analysts note that there's a bright spot for car shoppers with bigger budgets. In an analysis of ATPs of 0- to 3-year-old vehicles compared to ATPs for new vehicles, Edmunds data reveals that luxury large cars offered an average discount of $48,111 — the greatest dollar savings across all vehicle segments — with new vehicles going for $118,309 compared to $70,198 for used. Large mainstream SUVs also offered a notable average discount of $19,966, with new vehicles going for $76,131 compared to $56,164 for used.

"If you want to save big on used versus new, you still have to be willing to spend big," said Joseph Yoon, Edmunds' consumer insights analyst. "Unfortunately, the most price-sensitive consumers seeking affordable transportation will have a much harder time finding discounts because the supply of older used vehicles is still pretty restricted."

Looking forward, Edmunds analysts caution that a number of factors influencing used vehicle prices will make trade-in values increasingly difficult to predict heading into 2024.

"As near-new vehicles sit on dealer lots for longer periods of time and automaker incentive programs continue to change dramatically month to month, dealers will likely be hedging their bets against value reductions as they manage their inventory," said Drury.

For business customers in the ComEd service area, ComEd currently has EV rebates available ranging from $5,000 to $180,000 for the following types of light, medium, and heavy-duty electric vehicles:

 In addition, there are Make-Ready rebates available for both Level 2 and Level 3 DCFC Charging infrastructure (but not the chargers themselves).

 More information may be obtained from ComEd, see: https://comed.chooseev.com/commercial/promos/.

As the Better Business Bureau continues to monitor the dealer marketplace, we are seeing dealers who include limited rebates in advertised prices contrary to Rules 475.310 and 475.530.

The relevant language in Rule 475.310 is this:

 “Purchasers shall be able to purchase all advertised vehicles described by the advertisement at the advertised price.”

Rule 475.530 states that”

“(c) Dealers may advertise the availability of a limited rebate if the terms of the limitation are clearly and conspicuously disclosed. It is and unfair or deceptive act for any dealer to advertise a price or amount of an installment payment in which limited rebates have been deducted, or to advertise a total amount of a rebate if a portion of the total consists of a limited rebate.”

The BBB occasionally sees the common limited rebates, such as military, included in advertised prices. However, more often we see limited rebates conditioned on the consumer qualifying for financing included in advertised prices. 

Such rebates are limited because not all consumers will choose financing and those who do must qualify for the financing subject to the rebate.

The BBB suggests that dealers check their websites to ensure that financing rebates are not included in advertised prices. They should be advertised separately, clearly and conspicuously as to their terms, so that all consumers qualify for the advertised price and also understand which limited rebates may be available for them to further lower the advertised price.

We have sent numerous letters on this subject in an effort to gain compliance with the rules and, importantly, ensure fair competition for all dealers.

We also encourage dealers who observe troublesome practices themselves to refer these issues to the BBB so that we can handle them and preserve the fair marketplace. Please contact BBB Senior Counsel Patricia Kelly at pkelly@chicago.bbb.org for any referrals of dealer practices.  The BBB is here to handle any dealer concerns.  

Cox Automotive forecasts U.S. new-vehicle sales in Q1 will increase 5.6% year over year and reach 3.8 million units. The year-over-year increase in Q1 sales suggests that the new-vehicle market in the U.S. continues to recover slowly from the 10-year low – 13.8 million total sales – recorded in 2022.

Sales volume in March, when announced early next month, is expected to show gains over March 2023 and 2022 as the market continues to expand. The forecast of 1.45 million sales in March would be an increase of 4.5% year over year and close to the 10-year average for the month, historically one of the strongest sales months in a given year.

Healthy sales are being supported by significantly improved new-vehicle inventory levels. At the beginning of March, the total supply of available new vehicles was up more than 50% compared to last March, according to the latest vAuto Live Market View data.

According to Cox Automotive Senior Economist Charlie Chesbrough: “Since April 2023, the SAAR has experienced some large swings with an average at the mid-15 million level. That sales pace is expected to continue this month as well. However, March weather was unseasonably warm this year, which could give sales an extra boost.”

Businesses that file 10 or more information returns must e-file Form 8300, Report of Cash Payments Over $10,000, instead of filing a paper return. For those with fewer information returns, e-filing Form 8300 is optional.

To electronically file Form 8300, a business must set up an account with the Financial Crimes Enforcement Network's BSA E-Filing System.

Waivers and Exemptions If electronic filing would cause undue hardship, a business can request a waiver by submitting Form 8508, Application for a Waiver from Electronic Filing of Information Returns. If the IRS grants a waiver from e-filing any information return, that waiver automatically applies to all Forms 8300 for the rest of the calendar year. A business may not request a waiver from filing electronically only Form 8300. If a waiver is given, the business must include the word "waiver" on the center top of each Form 8300 when submitting a paper filed return.

If using the e-file technology conflicts with a filer's religious beliefs, they’re automatically exempt from electronic filing. The filer must include the words "religious exemption" on the top of each Form 8300 when submitting the paper return.

Electronic Filing is Free and Convenient The e-filing system is a more convenient and cost-effective way to meet the reporting deadline of 15 days after a transaction. Businesses get a confirmation email when the IRS receives the form, and they can batch e-file their reports. This especially helps if businesses must file many forms.

For more information, businesses can call the Bank Secrecy Act E-Filing Help Desk at 866-346-9478 or email them at bsaefilinghelp@fincen.gov. For details about the BSA E-Filing System, businesses can submit a technical support request at Self Service Help Ticket. The help desk is available Monday through Friday from 8 a.m. to 6 p.m. ET.

Emir Abinion, President and CEO of Fox Valley Auto Group and current CATA Board Member was presented with the Torchbearer of the Year Award by the Better Business Bureau (BBB) of Chicago and Northwest Indiana. The Torchbearer is chosen from all the recipients of the Torch Award.

Emir received the award at the 97th Annual Better Business Bureau's dinner meeting on March 20 at the Swissotel Chicago. The Auto Group was selected from among hundreds of nominations. The Torch Award for Marketplace Ethics has been awarded to businesses annually since 1996. Being a recipient of this award indicates that a company demonstrates leadership, responsibility, and high standards of ethics to benefit their customers, employees, and community.

Fox Valley Auto Group is just the second automobile dealership to ever receive the Torch Award, which is a tremendous accomplishment. Abinion currently owns three dealerships in the Chicago area, Fox Valley Volkswagen of St. Charles and Fox Valley Buick GMC, also located in St. Charles. “Our mission,” said Abinion, “is to move people. Our team is committed to treat all customers with equality, respect, and to make all interactions positive.”

The Auto Group dealership frequently supports local charity events including Habitat for Humanity, Cal’s Angels, holiday toy drives, and local food pantries. According to Abinion, one of the company’s goals is to give back to the community whenever possible.

The Torch Award for Marketplace Ethics embodies the Better Business Bureau mission of advancing trust in the marketplace. Abinion and all of Fox Valley Auto Group’s employees are honored and will continue to demonstrate admirable ethics and values both in their professional and personal lives.

Fox Valley Auto Group has two Volkswagen locations: St. Charles and Schaumburg, and a Buick/GMC location in St. Charles.

The CATA is proud to announce its endorsement of Vitu’s National Title Exchange (NTX) solution for digital title processing for the association's more than 400 dealer members.  NTX is a proven solution, and with hundreds of thousands of physical titles issued to date, Vitu has already saved its partners millions of dollars in lost revenue. NTX speeds up the titling process, saving dealers an average of $241 per vehicle in holding costs, and reduces their title acquisition process from, in many cases, 30+ days to three business days or less.

Vitu’s NTX is the nation’s first and only E-Titling solution created especially for dealerships. The process is simple: Obtain a chain of custody by either uploading documents or running an MVR (Motor Vehicle Record), obtain a lien satisfaction, if necessary (even if you only have a screenshot), and digitally sign, upload and submit documents. 1, 2, 3, done — it’s that easy to get a physical title in hand in 1-3 business days.

Plus, it’s all backed by Vitu’s unmatched support and powerful auditing teams, ensuring partners always have the help they need to get that paperwork submitted on time and correctly.

Even better, there is no additional monthly fee to use NTX – you only pay for NTX when you use it.  This ground-breaking product, though, is only available to customers of Vitu’s industry leading Electronic Registration and Title platform.

To learn more about NTX, please take a look at this brochure or visit the NTX page on the Vitu website here. And to sign up or schedule a quick demo of NTX, reach out to Aaron Palmer at 312-883-2332.

Clean vehicle dealers and sellers must use this online tool to register with the IRS and to submit time-of-sale reports. Licensed dealers can also register to receive advance payments to offset the amount of a tax credit that was applied toward a customer's purchase price.

All time-of-sale reports for vehicles placed in service in 2024 and forward must be submitted through this tool.

Some dealers have experienced technological glitches when using the IRS tool. As of last week, it was reported that most of those kinks were worked out. The biggest problem related to the issuing of credits is due to dealers incorrectly entering their time-of-sale reports and incorrect banking information that doesn’t match up with the dealer’s name. In other words, the primary issues are due to user error. However, if you’re a dealer and are getting hung up on the technical side, feel free to contact the CATA and we’ll connect you with a resource at the NADA to further investigate if you want to avoid the IRS “Help Desk.”

Another item to note: Once the dealer goes in and enters a time-of-sale report, as it currently stands, the system will not allow the dealer to modify the submission as the system was originally intended to do. IRS reports this feature should hopefully be live shortly, but if you run into this issue, contact the CATA and we can try a workaround via the NADA.

NADA reports there are now a total of 12,000 dealers that have registered via the IRS portal. Follow these important steps to register your dealership:

What you will need

The IRS uses ID.me, a technology provider, to provide identity verification and sign-in services.

Once you sign in, follow the instructions to register your business. You'll need to be an authorized representative of the business with the following pieces of information:

You'll use the business tax account application to complete this registration. See below for a detailed user guide and other information that might help you through this process.

Who can use this

Dealers and sellers of clean vehicles must use this online tool to register and report clean vehicle sales that occur on or after January 1, 2024. This includes manufacturers who sell directly to customers.

Once registered, dealers and sellers must use this tool to furnish required information to the IRS for those vehicles to be eligible for a credit under IRC 30D (and for the buyers to receive credits).

A licensed dealer will be able to receive advance payments 15 days after registering.

Accessing this tool lets you:

The Better Business Bureau/CATA advertising review program, initiated in 1996, continues to provide valuable guidance for dealers as they navigate their advertising practices in light of evolving marketplace factors and the Illinois Motor Vehicle Advertising Regulations. Through the program dealers can self-regulate and avoid enforcement issues while they successfully operate their businesses.

The BBB has increasingly encountered advertised price disclosures that contain so many qualifiers as to run afoul of rule 475.310 of the Illinois Motor Vehicle Advertising Regulations. Here is the rule language:

Section 475.310  Advertised Price

It is an unfair or deceptive act to advertise the total price of a motor vehicle without including in the advertised price all costs to the purchaser at the time of sale , or which are necessary or usual prior to delivery of such vehicle to the purchaser, including any costs of delivery, dealer preparation and any other charges of any nature; provided, however, taxes, license and title fees and a documentary service fee, as defined herein, may be excluded from the advertised price if clearly disclosed in the advertisement that these costs are excluded from the advertised price. Purchasers shall be able to purchase all vehicles described by the advertisement at the advertised price.

SOURCE: Amended at 25 Ill. Reg. 4819, effective March 20, 2001.

Rule 475. 310 contains two unambiguous requirements.

It allows dealers to exclude four specific items from the advertised price of a vehicle which are: tax, title, license, and the current dealer doc fee. This year it is 358.03.  A dealer must also clearly disclose that these fees are excluded from the price.

The history of this standard includes the policy that all costs and all necessary and usual amounts must be bundled into the advertised price, except these four items, so that consumers fully understand the price and do not experience surprise costs during the transaction process, raising the advertised price to a higher price.

Of course, consumers can always choose to purchase aftermarket products at the time of sale, raising the price.  They are aware of this and make those choices with full knowledge. That is how car buying works.

The second requirement is that all purchasers must be able to purchase advertised vehicles at the advertised price.

With the growing prominence of internet advertisers and manufacturers providing content for dealers we are seeing price disclosures that attempt to cover every imaginable situation.  Dealers often don’t know such disclosures are included in their price listings.

The two standards of 310 are often lost as a result.

Here are some examples the BBB has recently found on dealer websites which are non-compliant with Rule 475.310:

“It (price) does not include sales tax, vehicle registration fees, finance charges, documentation charges, and any other fees required by law.  The estimated selling price that appears after calculating dealer offers is for informational purposes, only. You may not qualify for the offers, incentives, discounts…”

“Prices include all available rebates and incentives. Prices do not include additional fees and costs of closing, including government fees and taxes, any finance charges, any dealer documentation fees, any emissions testing fees or other fees. All prices, specifications and availability subject to change without notice. Contact dealer for most current information.”

“Prices include all applicable rebates, but do not include additional fees and costs of closing, including government fees and taxes, any finance charges, any dealer documentation fees, any emissions testing fees or other fees. All prices...subject to change without notice.”

“The advertised price does not reflect the final selling price. It does not include sales tax, vehicle registration fees, finance charges, documentation charges, dealer installed options, and any other fees required by law. We attempt to update this inventory on a regular basis. However, there can be a delay between the sale of a vehicle and the update of the inventory. Pricing and availability may vary based on a variety of factors, including options, manufacturer employee pricing, specials, fees, and financing qualifications. The estimated selling price that appears after calculating dealer offers is for informational purposes, only. You may not qualify for the offers, incentives, discounts, or financing. Offers, incentives, discounts, or financing are subject to expiration and other restrictions. See dealer for qualifications and complete details. Not responsible for clerical or typographical errors”

“Starting MSRP excludes transportation, taxes, title, other options, and dealer charges. Dealer sets actual price. Specifications, equipment, options, and prices are subject to change without notice.”

The above disclosures exclude many more items from an advertised price than allowed by the Rule.  They also directly or indirectly take away the advertised price which must be available to all. 

The BBB has written many letters on this subject in recent weeks, and we want to shine a light on the practice for all dealers so they can avoid issues around Rule 475.310.

The BBB continues to monitor the marketplace to ensure a fair and honest market for all dealers and to notify dealers of problematic content in their advertisements including their websites.