Pub. 17 2018-2019 Issue 1

N E W J E R S E Y C O A L I T I O N O F A U T O M O T I V E R E T A I L E R S I S S U E N O . 2 , 2 0 1 8 28 new jersey auto retailer ing” if it is issued “for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” Thus, there is a risk that the pictures or videos could be characterized as marketing messages that promote the purchase of the vehicle. Similarly, a dealership may follow up on an email, phone or voicemail lead with a text to a customer ONLY with written consent to do so. The Bottom Line While dealerships can take solace in the D.C. Circuit’s recent decision narrowing the scope of the FCC’s 2015 Order, continued litigation is anticipated. Dealerships must continue to examine their marketing practices with experienced legal counsel, since calling cell phones using an ATDS and without the appropriate consent can still be a very costly mistake. Moreover, requesting customer information be sent to a dealership employee’s mobile device or storing customer information on em- ployees’ mobile devices is never recommended, given the inherent dangers that sensitive and protected customer information can be easily misappropriated. Many users do not protect their phones with a PIN or password, leaving all the information on the device exposed to anyone who picks it up. Even more problematic, if the device supports remote access, the data on dealership servers may be vulnerable as well. Dealerships must have an updated policy that addresses the use of smartphones and tablets in the workplace. Employees must also MARKETING YOUR DEALERSHIP  continued from page 27 While dealerships can take solace in the D.C. Circuit’s recent decision narrowing the scope of the FCC’s 2015 Order, continued litigation is anticipated. be trained to ensure that customer’s personal data, such as dates of birth, social security numbers, driver’s license numbers, bank and credit information should never be requested or stored via their personal mobile devices. These crucial steps require constant monitoring and diligence, but are well worth the effort compared to possibly dealing with lawsuits, regulatory actions, or damage to your dealership’s reputation. Dina Mastellone, Esq. is Chair of the Human Resource Training & Audit Programs Group and a Partner in the Employment Law & Litigation Practice Group at Genova Burns. She can be reached at 732.842.2732 or dmastellone@genovaburns.com. Katherine Stuart, Esq. is an Associate at Genova Burns’ Newark office and amember of the Employment Law Practices Group. She can be reached at 973.646.3270 or kstuart@genovaburns.com. Vehicle Sales Finance and Insurance Fixed Operations Business Development NJ CAR knows that the cost of training dealership employees can be prohibitive, especially for smaller dealerships or those with high turnover. The goal of the NJ CAR Academy is to ensure that quality training is offered at a price that is affordable to everyone. Since the training is conducted locally in New Jersey, travel expenses are negligible and overnight stays for dealership employees are not required. The NJ CAR Academy utilize s local trainers who are familiar with New Jersey market practices and New Jersey and federal laws and regulations. On occasion, the Academy will offer special programming using out-of-State industry experts. Your Success I s Our Business! NJ CAR has offered a variety of seminars, workshops and certification programs for its members for nearly 10 years; however, the Coalition recognizes that in today’s competitive environment, there is a need to provide a consistent training curriculum held on a more frequent basis in the four key areas of dealership operations : Your Success Is Our Bu iness! NJ CAR has offered a variety of seminars, workshops and certification programs for its members for nearly 10 years; however, the Coalition recognizes that in today’s co petitive e vir nment, there is a need to provide a consis ent training curriculum held on a more frequent basis in the four key areas of dealership operations: • Vehicle Sales • Finance and Insur ce • Fixed Operations • Business Dev lopm nt Vehicle Sales Financ and Insurance Fixed Operations Business Development NJ CAR knows th t the cost of training dealership employees can be prohibitive, especially for smaller dealerships or those with high turnover. The goal of the NJ CAR Academy is to ensure that quality training is offered at a price that is affordable to everyone. Since the training is conducted locally in New Jersey, travel expenses are negligible and overnight stays for dealership employees are not required. The NJ CAR Academy utilize s local trainers who are familiar with New Jersey market practices and New Jersey and federal laws and regulations. On occasion, the Academy will offer special programming using out-of-State industry experts. Your Success I s Our Business! NJ CAR has offered a variety of seminars, workshops and certification programs for its members for nearly 10 years; however, the Coalition recognizes that in today’s competitive environment, there is a need to provide a consistent training curriculum held on a more frequent basis in the four key areas of dealership operations : NJ CAR knows that the cost of training dealership employees can be prohibitive, especially for smaller dealerships or those with high turnover. The goal of the NJ CAR Academy is to ensure that quality training is offered at a price that is affordable to everyone. Since the training is conducted locally in New Jersey, travel xpenses ar negligible and overnight tays for dealership employees are not required. The NJ CAR Academy utilizes local trainers who are familiar with New J rsey mark t practices and New Jersey and federal laws and regulations. On occasion, the Academy will offer special programming using out-of-State industry experts.