CATA News

[Souce: Automotive News] The FTC and the Wisconsin Department of Justice have reached a combined settlement of $1.1 million against Rhinelander Auto Center and affiliated parties for allegedly charging illegal junk fees and discriminating against American Indian customers. The FTC and Wisconsin DOJ had accused Rhinelander of charging its customers upward of thousands of dollars for add-ons without their consent, according to a combined statement released Wednesday. Rhinelander also was accused of unfairly marking up the transactions of American Indian customers. Though it agreed to the settlement, Rhinelander denied wrongdoing.

The current owners of Rhinelander, as well as general manager Daniel Towne, have agreed to cease the unfair practices and pay $1 million to refund customers. In a separate settlement, the former owners, Rhinelander Auto Center Inc. and Rhinelander Motor Co., agreed to permanently wind down business and pay $100,000 to refund affected consumers.

The complaint made by the FTC and Wisconsin cited a survey of Rhinelander customers that found half of customers were charged for add-ons "without authorization or through deception," the combined statement said. Additionally, the FTC and state of Wisconsin accused Rhinelander of marking up the interest rates of American Indian customers, which caused them to pay $401 more on average, the combined statement said. The agencies also accused the store of charging American Indian customers for unwanted add-ons at an above-average rate. The alleged practices cost American Indian customers $1,374 more on average for add-ons in credit transactions since 2019, the combined statement added.

It is almost daily that dealers’ consultants and attorneys receive a client call concerning an internal complaint of harassment or, even worse, an EEOC charge of harassment wherein the employer must respond in defending the charge. Statistically, complaints and formal charges of harassment continue to increase. As with our society and culture today, workplace cultures are wrought with poor language, nasty jokes, affairs, inappropriate behaviors, etc. It is, frankly, impossible to segregate today's societal culture from workplace culture. Additionally, employees tend to know their "rights" and aggressively pursue those, many times to protect their job, look for a windfall of money or in defense of their own inappropriate actions.

As such, it is critical that employers continue to remain on the offensive to include developing and implementing effective policy, training management as well as employees, aggressively looking into all complaints, directing frontline managers to be aware of and preventing or stopping inappropriate language. These and other measures are critical in any defense of an EEOC charge.

Click here to read the ACTION PLAN from SESCO.

As part of a larger effort to protect small businesses and organizations from scams, the Internal Revenue Service today announced the details of a special withdrawal process to help those who filed an Employee Retention Credit (ERC) claim and are concerned about its accuracy.

This new withdrawal option allows certain employers that filed an ERC claim but have not yet received a refund to withdraw their submission and avoid future repayment, interest and penalties. Employers that submitted an ERC claim that’s still being processed can withdraw their claim and avoid the possibility of getting a refund for which they’re ineligible.

The IRS created the withdrawal option to help small business owners and others who were pressured or misled by ERC marketers or promoters into filing ineligible claims. Claims that are withdrawn will be treated as if they were never filed. The IRS will not impose penalties or interest.

Those who willfully filed a fraudulent claim, or those who assisted or conspired in such conduct, should be aware that withdrawing a fraudulent claim will not exempt them from potential criminal investigation and prosecution.

When properly claimed, the ERC – also referred to as the Employee Retention Tax Credit or ERTC – is a refundable tax credit designed for businesses that continued paying employees during the COVID-19 pandemic while their business operations were fully or partially suspended due to a government order, or they had a significant decline in gross receipts during the eligibility periods. The credit is not available to individuals.

The ERC is a complex credit with precise requirements to help businesses during the pandemic, and since mid-September, the IRS has received approximately 3.6 million claims for the credit over the course of the program.

In July, the IRS said it was shifting its focus to review ERC claims for compliance concerns, including intensifying audit work and criminal investigations on promoters and businesses filing dubious claims. The IRS has hundreds of criminal cases being worked, and thousands of ERC claims have been referred for audit.

The new withdrawal process follows the Sept. 14 announcement of an immediate moratorium on processing new ERC claims. The moratorium, which will last until at least the end of this year, follows a flood of ineligible ERC claims. Payouts for claims submitted before Sept. 14 will continue during the moratorium period but at a slower pace due to more detailed compliance reviews. With stricter compliance reviews in place, existing ERC claims will go from a standard processing goal of 90 days to 180 days – and much longer if the claim faces further review or audit. The IRS may also seek additional documentation from the taxpayer to ensure the claim is legitimate.

Enhanced compliance reviews of existing claims submitted before the moratorium is critical to protect against fraud but also to protect businesses and organizations from facing penalties or interest payments stemming from bad claims pushed by promoters.

The IRS continues to warn taxpayers to use extreme caution before applying for the ERC as aggressive maneuvers continue by marketers and scammers. The IRS is also working on guidance to help employers that were misled into claiming the ERC and have already received the payment. More details will be available this fall.

Who can ask to withdraw an ERC claim

Employers can use the ERC claim withdrawal process if all of the following apply:

Taxpayers who are not eligible to use the withdrawal process can reduce or eliminate their ERC claim by filing an amended return. For details, see the Correcting an ERC claim – Amending a return section of the frequently asked questions about the ERC.

How to withdraw an ERC claim

To take advantage of the claim withdrawal procedure, taxpayers should carefully follow the special instructions at www.IRS.gov/withdrawmyERC, summarized below.

Those who received a refund check, but haven’t cashed or deposited it, can still withdraw their claim. They should mail the voided check with their withdrawal request using the instructions at www.IRS.gov/withdrawmyERC.

Gabrielle Abinion of Fox Valley Volkswagen in St. Charles, Illinois was honored with this year's "Ally Sees Her" award for her proven leadership in the automotive industry, becoming a dealership general manager at only 25-years old – decades ahead of most in that role.

Juan Niebles, Ally's senior director of auto sales, presented Abinion, a general manager at Fox Valley Volkswagen, which has been owned by Abinion's family since 2006, with the award during the National Association of Minority Automobile Dealers (NAMAD) annual conference.

"Gabrielle is a trailblazer in automotive retail becoming a general manager at 25 years old and an inspiration to the next generation of minority dealers," said Niebles.

Abinion, a proud Filipina, embodies the spirit of the Sees Her award. This award was established by Ally and NAMAD six years ago to recognize significant achievements of women of color in the auto industry and their commitment to strengthening their communities.

"Growing up in the automotive industry, I always admired my mentors and coaches, most of whom were men," Abinion said. "However, my perspective on the industry changed when I started selling cars at a Land Rover Jaguar store and was taken under the wing of an African American saleswoman, Alicia Houston, right out of college. She taught me the importance of having women in our industry and how by challenging traditional masculine norms, we can create a culture of diversity that inspires innovation, growth, and meaningful change."

To celebrate Abinion's commitment to giving back to her community, Ally will donate $10,000 that will be split between two non-profit organizations: Cal's Angels, which supports pediatric cancer research and helps families affected by the disease, and Naomi's House, which provides housing, job-skill training, and mental health services to victims of commercial sex trafficking. Through Abinion's leadership, the dealership has donated 10 vehicles to graduates of the Naomi's House program since 2019 to give each participant a fresh start.

The St. Charles native and Loyola University-Chicago graduate began her career in the automotive industry as a sales consultant at Howard Orloff Imports in Chicago.  She credits mentoring as instrumental to her development, leading to a promotion to finance manager at the Land Rover Jaguar Volvo franchise dealership within a year. She has completed the NCM's General Management Executive Program and Ally's Financial Leadership Academy, which are specialized dealer training programs. Abinion is also a member of the General Motor's Dealer Development National Candidate Pool. In February 2023, she was selected as a finalist for the "What Drives Her Retailer of the Year" award at the Chicago Auto Show.

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment. Highlights of the proposed guidance include broad protections for LGBTQ+ employees, virtual workplace harassment, and non-work-related social media activity that contributes to a hostile work environment.

• LGBTQ+ Protections. According to the proposed guidance, examples of harassment based on an individual’s gender identity may include (i) harassment because an individual does not present in a manner that would stereotypically be associated with that person’s gender; (ii) intentional and repeated use of a name or pronoun inconsistent with the individual’s gender identity; or (iii) denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.
• Virtual Workplace Harassment. The proposed guidance cites examples of conduct that could be considered harassment, including: (i) sexist comments made during a video meeting; (ii) racist imagery that is visible in an employee’s workspace while the employee participates in a video meeting; and (iii) sexual comments made during a video meeting about a bed being near an employee in the video image. While these examples cited by the agency focus on video conference technology, the EEOC opines that harassing conduct can also occur over instant messaging systems, internal electronic bulletin boards, and other virtual communications systems.
• Harassment Over Social Media. While noting that employers are generally not responsible for conduct that occurs in non-work-related contexts, the EEOC advises that an employer can be held liable when the conduct has consequences in the workplace and therefore contributes to a hostile work environment. In the context of social media, the EEOC notes that communications through social media accounts can affect the “terms and conditions of employment” and therefore may constitute harassing conduct. To illustrate this point, the proposed guidance offers the following example: “If an Arab-American employee is the subject of ethnic epithets that a coworker posts on a personal social media page, and either the employee learns about the post directly or other coworkers see the comment and discuss it at work, then the social media posting can contribute to a racially hostile work environment.” Put starkly, according to the EEOC, social media posts that an employee has not personally viewed can contribute to a hostile work environment simply because the employee learned about the post as a result of the employee’s coworkers discussing the post at work.
• Employer Takeaways. While the EEOC’s new proposed harassment guidance, even if it becomes final, does not have the force of law, it is clear that the modern workplace environment can create opportunities for workplace harassment that can catch employers by surprise. Accordingly, we recommend employers review and update their existing policies and procedures based on these changes to the workplace.

As a member of CATA, you have the ability to speak with a SESCO Consultant on these exact matters free of charge under our partnership with SESCO. You also have the ability to engage SESCO for a review of your current employee handbook at a reduced fee of $350.00. This review and follow-up report of findings will determine if you have necessary updates to the handbook and they can work with you on structuring compliant policies. We suggest you reach out to SESCO Management Consultants via email sesco@sescogmt.com or via telephone 1-800-764-4127 and speak with a consultant. 

In the highly competitive automotive industry, pricing plays a pivotal role in shaping customer perceptions and driving business success. Yet, many General Managers (GMs) harbor a series of misconceptions that could be hindering their Fixed Ops profitability.

• Misconception 1: Dealerships have Higher Prices than Aftermarket Shops
• Misconception 2: Lowering Prices will Attract more Business
• Misconception 3: The Service Department Should make all the Pricing Adjustments

Each misconception is dispelled in Dynatron’s latest blog you can check out here.

Understanding these misconceptions is crucial for GMs to optimize Fixed Ops profitability, enhance customer retention, and ultimately succeed in a rapidly evolving market. By debunking these misconceptions, GMs can make informed decisions that benefit both their dealership and their valued customers, ensuring long-term success!

On October 26, Automotive News is hosting its annual Retail Forum conference at the Four Seasons in Chicago. Top automotive retail leaders will come together to discuss some of the biggest issues facing dealerships, including affordability, consolidation, artificial intelligence, and EV supply/demand.

Automotive News is offering all CATA members a special 33% discount on tickets to the conference. To learn more about the event and register, visit http://autonews.com/retailforum and use the code CATA-FF at checkout.

The Department of the Treasury and IRS have announced that, starting Jan. 1, 2024, buyers of eligible plug-in hybrids and electric vehicles can receive their federal tax credit at purchase. Under the existing rules, those buyers had to wait until filing taxes for the year in which they purchased the car.

Under the new guidelines, dealerships must first register with the IRS. Shoppers purchasing a vehicle from a registered dealer will then be able to transfer the tax credit to the dealer, thereby directly lowering the initial purchase price. The IRS expects to issue the payment to the dealer within 72 hours of the sale.

Buyers will not be required to transfer their credit to the dealer. If they choose not to, the process of claiming the tax credit will remain the same as it is under the existing protocols. The Treasury Department also noted that payments issued to dealers will not be treated as a tax credit to the dealers and therefore will not affect their tax liability. The payment from the dealer to the consumer also will not be counted as income for the consumer, so their tax liability will not be affected, either. However, if the buyer takes the credits and their income exceeds the federal tax credit’s thresholds for both the year of purchase and the year prior, they will need to repay the credits come next tax season.

The updated guidelines affect only the timing of the payment to purchasers; other aspects of the Inflation Reduction Act EV tax credit remain unchanged. The credit for new EVs maxes out at $7,500, and buyers of used vehicles can claim up to $4,000.

The exact amount of the credit is based on where the vehicle and its battery pack are assembled and where critical materials for the battery are sourced. The credits are only available on new cars with a sticker price of less than $55,000 and trucks or SUVs with a sticker below $80,000; used EVs can’t have a sale price of more than $25,000. Income limits of $150,000 for single filers, $300,000 for those filing taxes jointly and $225,000 for the head of a household also remain in place.

The IRS expects to reimburse dealers who transfer advance payments for clean vehicle tax credits “on the hood” within 72 hours of submission via electronic payment. Additionally, Treasury said that consumers – as opposed to dealers – will be responsible for attesting to their income for the purpose of determining eligibility for clean vehicle tax credits. This information should allay the biggest dealer concerns with their role in facilitating advanced clean vehicle tax credits to consumers at the point of sale starting in January 2024.

The information regarding the EV tax credit advance payments was part of an announcement from the Treasury Department which is available here. The announcement contained other information regarding the implementation of the EV tax credits; for instance, details about how dealers will register with the IRS via the portal. As a result of this guidance, the IRS updated the frequently-asked-questions (FAQs) for the clean vehicle credits.

Junior Achievement (JA) is a non-profit dedicated to helping students Kindergarten through college be better prepared for their futures by helping them achieve success in financial literacy, work readiness, and entrepreneurship. Through hands-on engagement with business and community volunteers, JA brings real-world experiences into the classroom and introduces students into what they can expect culturally and functionally in the workplace.  

JA is currently looking for volunteers in the automotive field for our its Career Speaker Series. In JA Career Speakers Series, a volunteer guest speaker visits the classroom and shares information about his or her career, work, and education experience. The speaker may bring props, samples of his or her work, or other visuals to help engage students. Activities and implementation design will vary based on grade level. You will have an opportunity to share information about pivot points in your life and how you handled roadblocks you encountered. When asked,100% of teachers responded that the JA curriculum exposes students to new career possibilities, and you can be a part of that introduction.  JA needs your voice at the events below.  If you are able to participate, please contact janderson@jachicago.org and Jennifer Anderson will provide all the details you need to highlight careers in the automotive industry.

• Wed., Oct. 18, 2023 - Clifford Pierce Middle School, Merrillville
• Wed., Nov. 29, 2023 - Yorkville High School      
• Fri., Mar. 22, 2024 - Helen C. Peirce Elementary School, Chicago

Apple Chevrolet was named as one of General Motors Dealers of the Year