June 2016 SDADA Column

Do Americans know how lucky they really are? They have Uncle Sam to protect them from themselves.

The Federal Trade Commission has proposed a survey of consumers regarding their experiences trading in, buying and financing vehicles at dealerships. The commission will conduct 40 interviews with consumers that are 90 minutes in length.

In 2015, there were over 38 million used vehicle transactions and over 17 million new vehicle transactions in our country. The FTC will conduct 40 interviews and will then have a complete understanding of the automotive market in America!

This survey is a repeat of the one the FTC conducted five years ago. That survey found no systemic problems with the auto-retailing sector. Processes have certainly gone to hell since that survey!

I know I can be a bit cynical but perhaps we should survey health care patients, attorney clients, insurance company customers, mobile phone customers, etc. Is there no room for improvement in any of these transactions? Some would suggest that market forces and competition would be very good at improving and streamlining the processes.

At some point, perhaps consumers must be responsible for their own choices. There are many options in  the marketplace. Consumers have control over where they buy. That can (and should) be the ultimate regulator!

A Peek Behind the CFPB Curtain

This "must see" video (http://goo.gl/Mcu0qe) takes a somewhat humorous look at the shenanigans going on with the CFPB in their attempt to regulate and punish those involved in auto finance lending. This is your government at work!

Supreme Court Issues Pro-Dealer Opinion in Service Writer Overtime Case 

The Supreme Court issued an opinion in Encino Motorcars v. Navarro, vacating a 2015 Ninth Circuit Court of Appeals decision that had held that dealership “service writers” are not covered by the federal “salesmen” exemption from overtime pay. In doing so, the Supreme Court expressly rejected a 2011 U.S. Department of Labor (DOL) interpretative regulation that service writers/advisors are not "salesmen" exempt from overtime. In particular, the Court faulted DOL for failing to give adequate weight to dealerships’ reliance interests during the rulemaking process, and for failing to provide a “reasoned explanation” for the abrupt change of policy. The Supreme Court’s decision requires the Ninth Circuit to reconsider its prior decision consistent with the language of the Fair Labor Standards Act (FLSA) without giving “controlling weight” to the DOL’s 2011 regulation.

In March 2015, the federal Ninth Circuit Court of Appeals ruled that service writers are not exempt from overtime as “salesmen.” That decision was based on the Ninth Circuit’s conclusion that preamble language found in a 2011 DOL rulemaking constituted an interpretation of the FLSA entitled to legal deference. Together with the state dealer associations covered by the Ninth Circuit, NADA filed an amicus brief in support of a certiorari petition with the U.S. Supreme Court. The Supreme Court granted “cert” in January and heard oral argument in April. Former Solicitor-General Paul Clement expertly (and successfully) argued on behalf of the petitioner with NADA’s amicus brief being cited several times during the argument and in the Opinion itself.

Overtime FAQ for Dealers

As I mentioned in this space last month, the U.S. Department of Labor (DOL) issued a rule that dramatically increases the salary and compensation levels that must be met in order for "white collar" dealership employees to be exempt from overtime. NADA has issued a new FAQ publication on the white collar rule's impacts on dealerships and their employees.

OSHA Issues New Injury and Illness Electronic Reporting Mandate 

Starting in 2017, certain dealerships must begin submitting employee workplace injury and illness records to the Occupational Safety and Health Administration (OSHA). All dealerships must maintain reasonable procedures by which employees can report work related injuries and illnesses promptly and accurately. The new reporting rule builds on existing mandates requiring dealerships with 10 or more employees to accurately record and post employee workplace injury and illness using OSHA Forms. In the future, these forms must be made available to OSHA and state labor inspectors upon request. Car dealerships with fewer than 250 employees at a single "establishment" are not required to submit forms to OSHA.

Slaying Mr. Jellyhead

Though I've had tags in the past, I had never killed a spring turkey. My first, and only, turkeys were harvested in the fall of 2014. Spring turkey hunting comes at a very busy time for me.

This year, I drew a prairie turkey tag for Brule County and an archery turkey tag. The plan was to kill a turkey with the shotgun with the first opportunity and bust out the bow if another opportunity presented itself.

Again, this spring was extremely busy. My opportunity to shoot a turkey was dwindling rather quickly. I had seen a few hens and a few jakes in the yard but other than one tom a week before the season opened - nothing.

On this morning, I came charging out the back door of the house to check on the mower before heading off to the store. It was about 8:45. I got two steps out the door and saw a jake and a tom close to the path on the ridge behind the house. They were just on the edge of the yard.

They heard me but didn't see me and I was able to get back before the door slammed. I went to the garage to get my gun and call. I worked the box call a couple times inside the house and the tom immediately swelled up like a balloon being inflated. He began strutting around and looking for that elusive hen he had heard. Little did he know that "she" was in the screen porch!

I went back through the house, out the garage door in the front of the house and around the north side of the house. I peeked around the back of the pizza oven in the back yard to see Mr. Tom still in strut mode, his his wattle was radiating Husker red and snood dangling from his light blue head, wiggling as if full of red Jello. I poked my gun around the corner of the fence and took aim.

Scene of the slaughter is edge of lawn directly behind 

The blast of my 10 gauge shotgun released a turkey load at about 35-40 yards. He jumped up and turned toward the draw following his companion, the jake. Did I get him?

As I walked toward where he went, I saw that I had drawn feathers from him. I walked about 20 yards past where I shot him to find a heap of turkey laying in the grass. He was 15-16 pounds. He had nice long spurs and a 8-9 inch beard. My first spring turkey!

I lugged him back to the house before fetching a camo vest to wear over my work clothes for a photo! I had him cleaned, in the fridge and was to the store by 9:30! Not s bad start to a beautiful spring morning!

April 2016 SDADA Column

Are you paying your service adviser overtime pay? If you don't know, it may be a good time to check.

The U.S. Supreme Court is checking. They took up that question last week (April 20) in the case of five dealership service advisers who sought overtime pay for their 55-hour workweeks. The ruling could have big implications us and how we pay our service advisers.

We have always assumed service advisers fall into the same category as dealership salespeople, mechanics and parts department workers, who are exempted from overtime pay requirements under the Fair Labor Standards Act. Many of our service advisers are paid commission.

But (surprise, surprise) the Obama administration has challenged that assumption. A California district court disagreed with the administration. But the 9th Circuit reversed that decision, breaking with previous appeals court decisions dating to the 1980s and paving the way for the Supreme Court to settle the dispute.

I have a non-lawyer, non-regulator, simple man's question: If the service writers are on commission, how do you determine what time and a half is? Is it based on minimum wage or some kind of combination?

About that current vacancy on the court - yes, that could affect the outcome in this case. It raises the prospect of a 4-4 tie, which would keep things as they are. The good news for South Dakota dealers (for now): The 9th Circuit's ruling would apply only in its nine-state Western jurisdiction.

We can expect to hear a ruling this summer.

NADA 100

Next year, NADA celebrates its 100th anniversary with various events, including the NADA 100 convention in New Orleans.

The NADA story began when 30 dealers traveled to the nation’s capital in 1917 to persuade Congress not to impose a luxury tax on cars. They successfully argued that the automobile is a necessity of American life, not a luxury. From that group effort, NADA was born.

Since then, NADA has experienced many major milestones. And so have its dealers.

Each dealer’s story is an integral part of the NADA story, especially since so many generations of dealers have been steadfast NADA members. These stories range from store openings and mergers to dealers meeting with their members of Congress on Capitol Hill.

To learn more about these important dealer milestones, NADA has launched the “Share Your Story” contest. Dealers can submit photos, videos, newspaper clippings, print and digital ads, their own dealership histories or other memorabilia. If you participate in NADA’s “Tell Us Your Story” contest, you have a chance to win one of two an all-expense paid trips to the 2017 NADA 100 show in New Orleans. Ten runners up each will win VISA gifts cards worth $100.

One trait best describes NADA, its dealers and the franchised business system: the ability to adapt. Whether it’s dealing with economic curveballs or learning the latest digital technology, being adaptable has allowed this association and its members to thrive during the past 100 years. And it continues to propel us toward the future.

Looking back, it’s interesting to see just how much NADA has changed—and adapted—over the years.

South Dakota has several dealerships with a rich history. I hope they will consider partaking in this great event!!

Reviewing a Space City Classic

I have documented here before my tradition of attending college basketball's championship weekend. I have shared stories, tales and traditions from our group. Others have told our story as well - in several different newspapers  and on television. Even David Letterman gave us a cameo on his "Late Night" show back in 1996.

This year I attended my 35th consecutive Final Four in Houston, TX. There were six regulars and one new attendee in our group. Chris Korth, my Final Four partner on all thirty five, Emmet Kenney, attending his 25th, Calvin Rider (23rd), Bren Abbott (22nd), Matt Hesse (14th) and our new guy was Mark Wellmeyer who who attending his 2nd but his first with us. All totalled, this group had taken in 156 Final Fours.

A couple of the Houston media outlets found our three-plus decade Final Four quest to be a compelling story. On the Tuesday before the final Four, the Houston Chronicle published a story by sports reporter, Joseph Duarte, on Chris and me. He had conducted a phone interview of each of us the week before and asked for some photos of previous trips.

On Friday, just after we arrived in Houston, the local NBC affiliate, KPRC, interviewed us for their 10 PM news show. Our reporter, Laine Fritz, was on her fifth day on this job in Houston. She was a good sport as we got into the cocktails before she and her cameraman (woman), Simone Eli, arrived. When they left, we did not think we had given them much to work with. But she did a tremendous job of piecing a story together.

It was a fun way to start the weekend and it launched us into an extended round of reminiscing about March Madness past over dinner.

As for the games, Saturday delivered a pair of snoozers. In the first national semifinal game, Villanova thumped Oklahoma 95-51 in the most lopsided Final Four game of all time. Game two provided a little more drama as North Carolina whipped Syracuse 83-66 setting up a Villanova vs. North Carolina matchup in the Monday night title tilt.

While North Carolina was a 2.5 point favorite, the computer simulators had Villanova winning 50.1% of the games, North Carolina winning 49.9%. It looked like we could be in for a good championship game.

Well no one could have predicted what a tremendous game we would have. To say that Villanova won 77-74 in an instant classic would be a severe understatement. This was a great game from tip to buzzer. The quality of basketball was very high. Rather than try to detail all of the action in the final minute and a half, you can watch it below:

UNBELIEVABLE!!

Knowing that I had been to 35 Final Fours, almost immediately, the texts and calls from friends began asking me if this was the best game I've seen. That's an interesting question and I decided to reserve judgement until we get past the immediate drama and emotion. We live in a "Now" moment...every year we hear "this is the best tournament ever" because of the upsets...that happen every year.

Let me point out that I have seen some pretty good Final Four games. Even if we limit the choices to championship games only, I have seen some dramatic finishes.

1982 - North Carolina vs. Georgetown

1983 - North Carolina State vs. Houston

1985 - Villanova vs. Georgetown

1987 - Syracuse vs. Indiana

1989 - Michigan vs. Seton Hall

2010 - Butler vs. Duke

(Note that the first five of these games occurred in my first eight trips to the Final Four. Is there any wonder why I kept going back?!)

...and this list omits two overtime games and a couple of HUGE upsets that have taken place. There have been some truly remarkable games over the past thirty five years. 

Perhaps you can appreciate why I hesitate to call Villanova's win over North Carolina best I've ever seen. It is a classic and it will always be mentioned when the list of greatest games is being discussed. Kris Jenkins will always be remembered for that shot. Had he not made it though, it would be Marcus Paige's double clutcher that we would be talking about.

March 2016 SDADA Column

I recently returned from a pair of NADA committee meetings in Washington, D.C. Our Legislative Affairs Committee is preparing for a "full court press" (my March Madness reference) in the Senate on our bill limiting the CFPB's 2013 auto lending guidance. This bill was submitted in the Senate earlier this month by Sen. Jerry Moran (R-Kan.) after it passed in the house last November by a wide 332-96 margin. I can assure you that our committee is ready for this effort and we will prevail!

I am serving on the NADA Regulatory Affairs Committee for the first time. While this committee works hand-in-hand with Legislative Affairs on many issues, it is more focused on monitoring regulations and affecting change in regulatory agencies and Legislative Affairs is more focused on the same on the Congressional side.

Each year, NADA publishes "The Regulatory Maze", which documents all of the regulations an automobile dealership is subjected to in each department. It illustrates the mind-numbing challenge dealerships have to keep from running afoul of the federal regulatory process.

After sitting through a six-hour presentation of all the regulatory challenges we face, I had to wonder how any dealer can turn the key in the front door each morning without the benefit of a true compliance officer under his/her employ.

My suggestion to any small/medium dealer is to become familiar with the NADA Regulatory Affairs site. You need to log in to get all the guidance available. If you don't see what you need, give them a call at 800-252-6232. Please let me know if I can help direct you to the right department or person.

Let me finish by suggesting that even though you might not have a full-time compliance officer working for you, you have an incredibly talented staff at your trade association that has your back when it comes to the many threats from our federal government.

NADA Fair Credit Guidance

NADA has an optional program designed to strengthen a dealer's ability to comply with fair credit laws while preserving the competitive benefits of dealer-assisted financing.

In January 2014, the National Automobile Dealers Association (NADA), the American International Automobile Dealers Association (AIADA), and the National Association of Minority Automobile Dealers (NAMAD) released to their members the Fair Credit Compliance Policy & Program. The Fair Credit Compliance Policy & Program is an optional program that is designed to strengthen a dealership’s efforts to comply with fair credit laws.

You can find information on the program here.

Use myNADAPlanner for a Better Convention Experience

If you are planning to attend the 2016 NADA Convention and Expo, you should consider downloading the NADA Convention app. It is the best way to get the most out of your convention experience.

In addition to offering a complete convention schedule, it offers a list of exhibitors and workshops. The planner allows you to schedule your time to make the most of your convention experience. Social media is integrated with the app so you can see what others are doing or find interesting. All of this integrates across platforms (phone, notepad or desktop) to give you plenty of flexibility.

February 2016 SDADA Column

If you know me, you know of my interest in and passion for politics. I follow politics at all levels - whether local, state or national.  

My affinity for politics is what initially drew my interest in NADA. I have had the opportunity to serve on the NADA Legislative Affairs Committee in six of my eight years on the board. I have enjoyed that work immensely and have learned a great deal from the NADA Legislative Affairs staff.

NADA Chairman Jeff Carlson has appointed me as the chairman of the Legislative Affairs Committee for 2016. I am grateful for Jeff's confidence and I am looking forward to working with the tremendous Legislative Affairs staff at NADA in the coming twelve months. Our challenges are many. You have read about them in this space.

If you have followed this space, you know that we are defenders. We defending our business model, the franchise system, our product, our customers, general business practices and our OEMs. I never liked defending when I played sports, but I believe that I have gotten better at it. With practice comes proficiency!

"Offense wins games, defense wins championships"   -Coach Paul "Bear" Bryant

If it's true for football, perhaps it's true for politics!

I encourage you to contact me with ANY concerns, questions, thoughts or ideas you might have for NADA Legislative Affairs.


CFPB: Ready, Fire, Aim!

The House Financial Services Committee recently said the Consumer Finance Protection Bureau could be sending payments from Ally Financial’s $80 million settlement fund to non-Hispanic white borrowers because of a potentially unreliable race identification method. This, according to internal CFPB documents.

In fact, the administration is literally just making up victims to meet the number prosecutors announced in the settlement two years ago. The government has had to send out more than 400,000 queries to Ally borrowers asking them if they are black or Hispanic.

From Investors Business Daily:

Of course, it’s Obama and his race-mongers who are hurting consumers.

With their meritless discrimination cases, they are jacking up the cost of auto loans for average Americans — including minorities with good credit. And with their bogus payouts to phantom victims, they are also denying employees of Ally and these other auto companies, many of whom are minorities, tens of millions of dollars in pay raises and bonuses.

Meanwhile the racketeering agency has added Toyota Motor Credit to the list of auto lenders it has extorted (along with Ally, Fifth Third Bank and Honda Financial Services). The payments by these lenders now total over $112 million. We can look forward to seeing how the rest of this money will be distributed!

NADA Convention Fast Approaching 

Online registration for the 2016 NADA Convention & Expo in Las Vegas is open. As one of the most popular destinations in the country for meetings and conventions, several hotels in NADA’s convention block have already sold out.

Hotel rooms are still available in NADA’s block but they are going fast. The  convention—which runs from Thursday, March 31, through Sunday, April 3, 2016—will be held at the Las Vegas Convention Center. For more information or to register, visit www.nadaconvention.org.

January 2016 SDADA Column

I am listening to an Federal Trade Commission "Auto Regulation Workshop" as I write this column. This is a rather optimistic title for this "witch hunt".

The FTC has, in the past, shown they supported manufacturer direct selling. Of course this was only the personal opinion of staff - not an official position. 

So the FTC now conducts a "kangaroo court" with panels stacked against the dealers advocating for a demolition of the franchise system (and State Franchise Laws) and endorsing direct selling by manufacturers. 

They are featuring a parade of panelists that are testifying about how the dealers are getting rich ( "average dealership profits of over $1 million/year"), running monopolies within their local markets, adding cost as a middleman and generally doing all of this at the expense of both the manufacturer and the consumer.

The ultimate irony is that the general theme of the panelists is regulation (in the form of State Franchise Laws) is inefficient and adds cost to the distribution system. There has never been an administration that has introduced more regulations (at great cost to our nation's businesses) in the history of our country. But it is only these State Franchise Laws that add costs - none of the federal regulations are guilty of such a travesty!

We can expect the "findings" of this sham to be marched out as evidence that the franchise system is broken and that State Franchise Laws should be sacked. Elon Musk is smiling all the way to the bank.

This is just another attack by the current administration and its legion of regulators who are bitter about the automobile dealers' success in earning a carve out of the Dodd–Frank Wall Street Reform and Consumer Protection Act in 2010. The attacks by the Consumer Finance Protection Bureau over the past five years are similarly motivated.

I think it is appropriate to end this discussion with a reminder of the Tenth Amendment to the United States Constitution which states that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people. 

That is the Federal Trade Commission you hear in that background muttering "Whatever!". 

Multi-Tier Pricing Strikes Again

You've probably seen the story about Napleton Automotive Group alleging FCA US offered dealers large sums of money to report unsold vehicles as sold. While there are many moving parts to this story and I don't care to opine on this until all the facts are out, it is illustrative of the fact that multi-tier incentives or bribing with "marketing incentives" causes problems for all involved.

It undermines the value of each brand, confuses consumers and now we see it leads to potentially scandalous and misleading reports hitting stock values. It is virtually impossible for dealers to offer transparency in their pricing to consumer if manufacturers will not do the same to their dealers. 

NADA Convention Registration Open 

Online registration for the 2016 NADA Convention & Expo in Las Vegas is open. As one of the most popular destinations in the country for meetings and conventions, several hotels in NADA’s convention block have already sold out. 

Hotel rooms are still available in NADA’s block but they are going fast. The  convention—which runs from Thursday, March 31, through Sunday, April 3, 2016—will be held at the Las Vegas Convention Center. For more information or to register, visit www.nadaconvention.org.

Hang Together? Or Separately?

"We must, indeed, all hang together or, most assuredly, we shall all hang separately."  

-Benjamin Franklin

If you're a student of the American Revolution, you will recognize the quote above. Franklin's message was that the signers of the Declaration (as well as colonists in general) had to help and support each other or they were doomed.

I believe that is much like a local community. If those of us in a community do not support our local businesses, we won't hang separately or be executed, but we are doomed.

If you live in a small town, you surely have been encouraged to “buy local.” But what, exactly, does "buy local" really mean? Certainly you are being encouraged buy groceries, hardware and clothing locally. But the higher the price of the items you buy locally, the greater the impact your purchase has on the local economy.

According to the website local-first.org, $73 of every $100 you spend returns to the community through avenues such as taxes (which support the local schools and teachers), payroll (which employees may again spend locally), and other expenditures (like support of local events, activities and organizations).

When you buy locally, businesses have the opportunity to create more jobs locally. Simple economics dictates that more local jobs means a greater demand for workers and thus higher wages and/or better benefits for everyone in the marketplace.

When you buy in Mitchell, Rapid City or Sioux Falls or online, none of the money spent stays in in our local community to pay taxes, payroll or any other expenditures. In other words, you are not supporting the local schools and teachers, local events, activities or organizations. 

"But I Can Save Money"

Can you save money? Are the goods or services you are buying really less expensive? Are they of the same quality? Did you consider the value of your time (driving or riding to another community)? Did you factor in the cost of your transportation (fuel, maintenance, depreciation of your vehicle, etc.)? Did you factor in the cost of shipping and handling (of an online order)?

My experience is that, if given the opportunity, local business owners do or would be willing to match the true cost of goods. To be fair, this should include some of the costs mentioned above. The question is, are you willing to give them that opportunity. Do you care enough about the future of our community to look at a transaction fairly and give the local vendor that opportunity?

I am not advocating feel-good, it's-worth-paying-more-for-local concept. I believe that if you do give the local businesses the opportunity to earn your business, you will be rewarded with better prices, better service and a better community. 

Proud to be Your Local Automobile Dealer

As an automobile dealer with stores in Chamberlain and Winner, I ask you to consider applying the logic above when you purchase your next vehicle. I would enthusiastically welcome the opportunity to help you find your next vehicle, get the financing package that fits your needs and provide service for your vehicle going forward. I believe we can bring value and enjoyment to your ownership experience.

Find the Right Vehicle...

The automobile world has changed drastically over the past 15-20 years. It used to be that you would have to go to the dealership to see a vehicle. The internet allows you to shop online for the right vehicle. Smart phones and tablets let you do that from virtually anywhere. 

It does not make sense for a small town dealership to stock hundreds of vehicles and pay the interest associated with stocking so many vehicles when we can have access to many more vehicles without the expenses. We have a network of dealer-partners across the Midwest with which we trade and buy cars, trucks and SUVs. This expands our "true" inventory exponentially. 

Our professional staff will find the new or used vehicle you are looking for. You won't have to drive all over looking for that "just right" automobile. You tell us what to find, and WE WILL FIND IT!!

...At the Right Price...

When you buy local at Harry K's, you will save money! Our prices will reflect lower costs and will

save you money when compared big city stores. Our overhead expenses (interest, taxes, facility, utilities, salaries, etc.) are much lower and we pass that savings on to our customers!

...And Payment...

At Harry K's, we have access to more than a dozen different financial institutions that specialize in automobile financing. We will shop these banks and pit them against each other to get you the best interest rate possible. 

We will use our buying power to help you get financed even if you have had some bad luck in your financial past. We will work hard to serve your financing needs because you're not just another customer, you're our friends and/or neighbor as well!

...And We'll Take Care of You Down the Road...

Our service professionals are training weekly so that they provide the best service for your vehicle. The value to you is that you can be assured that your vehicle will continue to perform at the highest level and when you come back to trade your vehicle, it retains the greatest value possible because we have a service record.

Growing Together

We believe that when businesses in the community thrive, the community thrives. Unlike big city businesses or dealerships, we are proud to give back to our community. We know the summer rec and swim team schedules because our sons and daughters play and swim on the teams. We are not just your local dealer, we are stakeholders in your community. Supporting your local dealer means supporting the small-town community.


You are more to us than a paycheck or a profit. You are our friends and neighbors. Give us a chance to earn your business. I believe you benefit and our community will benefit!

December 2015 SDADA Column

Since June 16, 2015, one person has been on the news virtually every night. Every Sunday he is on some (or all) of the Sunday morning news shows (often on the phone!). His presence has made typically uninteresting early campaign debates “must see” TV. Despite pledging to spend as much as $1 billion on his campaign, he has spent less than $2 million as of the most recent election reports.

But why would Donald Trump spend any more than that? That attention has propelled Trump to the top of virtually every national and early-state poll. Facebook has a tool (Facebook Signal) that journalists use to identify trends, photos, videos and posts from Facebook and Instagram for use in their storytelling and reporting. According to Facebook Signal, he is responsible for 80 percent (or more) of the conversation around the 2016 presidential race on any given day.

Love him or loathe him, Trump could teach all of us a thing or two about getting free publicity. I would love to see a dollar value for the publicity that he has gotten the past six months. Which raises the question: Is all publicity is good publicity?

I don’t know what will happen in the Republican race over the next six months but I do know we can count on two things: we will see much, much more of “The Donald” and it won’t be boring!

Consumer Finance Protection Bureau Gets Thrashing in Press

Since the House of Representatives voted to pass H.R. 1737, the Reforming CFPB Auto Financing Guidance Act, on Nov. 18, 2015, the CFPB has been deservedly ridiculed in the media. Many news outlets have found the CFPB actions so onerous that they have called for most drastic actions.

The Wall Street Journal has been particularly pointed in its criticism as they published an opinion piece entitled “Shouting ‘Racism’ Is a Career Move” in which they detail how the CFPB justified framing people for crimes they didn’t commit presumably if it serves a policy or political agenda. The WSJ also posted a video entitled “Consumer Financial Profiling Bureau” on their website in which they discuss the federal enforcement agency’s flawed model of racial discrimination in auto lending. Then on December 9, the WSJ followed up with “The Consumer Bureau Cover-Up” in which they suggest that the CFPB knew their data showing racial bias was false but sued anyway.

U.S. News and World Report published a December 2 article entitled “Take Away the CFPB's Keys” in which they rip the CFPB for overreach and call for the abolition of the federal agency. They praise Congress for their bipartisan rebuke of the CFPB and ordering it to ensure that a cost impact and other real studies are conducted before this kind of policy can take effect.

All of this criticism of the CFPB has me crying crocodile tears! I only wish I have had the chance to shed these tears five years ago!

New York Times Takes Cheap Shot at Auto Dealers

The New York Times published an article in their December 1 issue suggesting that car dealers won’t sell electric cars. They could not cite any reasons why we might not be interested in selling electric vehicles but we were the reason electric cars haven’t reached the heights they were supposed to.

Peter Welch, president of NADA, wrote a Letter to the Editor, published in the December 9 issue of the NYT. In it, he explains that dealers sell what consumers want and the reality is that electric vehicles — and the infrastructure that supports them — unfortunately do not yet suit the needs, desires or budgets of most car buyers.

ICYMI (In Case You Missed It…)

Dealers accused of running a monopoly?

Do you remember this Saturday Night Live skit about bows on cars?

Are people ready to buy cars through vending machines?

Hey boss – what do I do with the $50,000 cash I found in this trade-in?

This New Yorker was scammed in Billings by fake auto dealership.

Woman destroys her husband's car after catching him with his mistress.

2015 Knust Kronicle

2015 Knust Kronicle

Merry Christmas and Happy New Year from the Knusts!

Click here to see the 2015 Knust Kronicle

You can find previous Knust Kronicles and Christmas letters here.