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The official publication of the Massachusetts State Automobile Dealers Association, Inc.

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  • May 2013 Vol. 26 No. 5

    FIRST CLASS MAILUS POSTAGE PAID

    BOSTON, MAPERMIT NO. 216

    MSADA, One McKinley Square, Sixth Floor, Boston, MA 02109

    autoD E A L E R

    M A s s A c h u s E t t s

    The official publication of the Massachusetts State Automobile Dealers Association, Inc

    Annual Meeting

    June 21Marriott Long Wharf Boston

    2013

  • Ta b l e o f C o n T e n T s

    4 From the President: standing Together 6 the roUndUP: at a snails Pace 9 Financial services: Dont freeze Up all of Your assets10 aUto oUtlooK 12 insUrance: Premises liability

    14 Cover Story: annual Meeting lineup

    13 leGal: are f&I Products in CfPbs Crosshairs?

    18 neWs From around the horn

    23 nada UPdate: CfPb Guidance lacks Transparency25 economic UPdate: benefits of affordable Domestic energy

    www.msada.org Massachusetts auto Dealer MAY 2013

    The official publication of the Massachusetts State Automobile Dealers Association, Incs Ta f f D I r e C T o r Y

    Robert OKoniewski, Esq.executive Vice Presidentrokoniewski@msada.org

    Jean Fabrizio Director of administration

    jfabrizio@msada.orgPaul Fellows

    administrative assistant/ Membership Coordinator

    pfellows@msada.org

    a U T o D e a l e r M a G a z I n e

    Robert OKoniewski, Esq.executive editor

    Tom Nasheditorial Coordinator

    nashtc@gmail.com

    subscriptions provided annually to Massachusetts member dealers. all

    address changes should be submitted to: MsaDa by e-mail: pfellows@msada.org

    Postmaster: send address change to:

    one McKinley square, sixth floorboston, Ma 02109

    aDVerTIsInG raTesInquire for multiple-insertion discounts or

    full Media Kit. e-mail tnash@msada.org

    autoD E A L E R

    M A s s A c h u s E t t s

    Quarter Page: $450Half Page: $700

    full Page: $1,400

    back Cover: $1,800Inside front: $1,700Inside back: $1,600

    aD DIreCTorY

    blumshapiro, 20 boston Herald, 28

    lynnway auto auction, 18 nancy Phillips associates Inc, 2

    oConnor & Drew, P.C., 27 southern auto auction, 21

    auto Dealer is published by the Massachusetts state automobile Dealers association, Inc. to provide information

    about the bay state auto retail industry and news of MsaDa and its membership.

    Join us on Twitter at @MassautoDealers

  • from the President4

    MAY 2013 Massachusetts auto Dealer www.msada.org

    by Scott Dube, MSADA President

    I

    Standing TogetherSee you at the Annual Meeting on June 21

    t seems like every year franchised Massachusetts dealers face some new regulatory or legislative challenge. As weve been see-ing these past few months, whats been going on with Teslas attempt to exclude themselves from our Commonwealths laws has been one of the most aggravating and potentially damaging challenges weve seen in some time. Have you thought about what Chinese or Indian manufacturers might do if they can just sell cars here via an internet site, out of the reach of the laws of Massachusetts?

    But how much have you been able to follow the twist and turns of this case? Have you been able to go to selectmen meetings in Natick? Attend the multiple court hearings?

    Im guessing not. Were busi-nessmen and women who wake up every morning with challeng-es of our own busy work lives. Most of us barely have 10 min-utes to read the newspaper, much less learn the ins and outs of how Tesla is attempting to justify not following our franchise law.

    Thats why MSADA is here. As a member dealer, I want you to know that we are working every day to combat the multitude of forces working against all of us. But as weve seen time and again, its important for all of us to stay as plugged in to whats going on as possible, so that when the time comes we can lever-age our grassroots strength of 20,000 employees across the state.

    Its important to remind ourselves and our friends in Govern-ment that we have over 20,000 employees and represent about 20 percent of the retail economy here. As seen through other numbers presented in the MSADA Economic Impact Study we released last year, politicians should realize that they will look to make us a punching bag at their peril. We are one of very few industries that have a large impact across every corner of the Commonwealth. We are always working to make sure they remember that.

    Our Annual Meeting is meant to serve as a part of how we keep you informed. It is arguably one of the most important parts, as it serves the dual role of helping us keep our organization transpar-ent and informing you of just what the landscape ahead will look like. We cant predict the future, but we all should make an effort to try to see what threats are in front of us.

    This year, in addition to an update from Executive Vice Presi-dent Robert OKoniewski, well hear from industry experts such as George Magliano and others who will lay out what they see coming down the pike. Others will provide updates on regulatory actions that could affect all of our bottom lines for positive and

    negative. We have a very interesting slate of speakers lined up for this year that you wont want to miss.

    Of course, its also a chance for us to get together and enjoy being in one place at one time. The Marriott Long Wharf is a great facility right

    on the water, and with a little luck it will be a beautiful first day of summer where we can talk shop and enjoy a drink. We have also reserved a block of hotel rooms, so that hopefully youll take advantage of a night out in the great city of Boston.

    Please be sure that you have sent in your registration form as soon as possible, noting whether or not you would like to spend the night. We are also providing a lunch as well. Please send the forms back to jfabrizio@msada.org.

    I look forward to seeing you there. It will be my first time lead-ing the Annual Meeting, and I am beyond excited to see what ideas and questions my fellow dealers will bring to the table. While we cant expect everyone to dedicate a lot of resources fighting for our industry every day, we should celebrate this rare opportunity to all be together in the same room. Were in this together, and there is no better way to show it.

    t

    MSADA

    As a member dealer, I want you to know that we are working every day

    to combat the multitude of forces working against all of us.

  • 5www.msada.org Massachusetts auto Dealer MAY 2013

    Name Contact Telephone

    ADESA Boston Chris Carli (508) 270-5403

    ADP Dealer Services Maria Trezza (973) 974-4020

    Albin, Randall & Bennett Barton D. Haag (207) 772-1981

    American Fidelity Assurance Co. Tom Trudell (413) 885-5477

    AutoRaptor (RAL) Howard L. Leavitt (401) 421-6533

    Bank of America Maryanne Recupero (800) 991-1770

    Bellavia Blatt Andron & Crossett, PC Leonard A. Bellavia, Esq (516) 873-3000

    Blum Shapiro John D. Spatcher (860) 561-4000

    Boston Globe Mary Kelly (617) 929-8373

    The Boston Business Advisory Group Paul Cuomo (781) 681-1501

    Vincent Saccone (781) 681-1519

    Burns & Levinson LLP Paul Marshall Harris (617) 345-3854

    Construction Management & Builders, Inc. Kate Sullivan (781) 246-9400

    Curran EasyCare Inc. Mike Douglas (770) 246-9724

    CVR Scott Herbers (800) 668-2332

    DealerTrack Ernest Lattimer (516) 547-2242

    Downey & Company James Downey (781) 849-3100

    Ethos Group, Inc. Drew Spring (617) 694-9761

    F & I Resources Jason Bayko (508) 624-4344

    Federated Insurance Chris Welch (724) 766-6666

    First Citizens Federal Credit Union Joe Ender (508) 979-4728

    Fisher & Phillips LLP John Donovan (404) 240-4236

    Grant Thornton LLP Alan Oslomowski (508) 926-2200

    Huntington National Bank John J. Marchand (781) 326-0823

    Jewett Construction Alison Jewett (603) 895-2412

    Key Bank James Q. Moretti (781) 558-5132

    Leader Auto Resources, Inc. John Ackermann (518) 857-8853

    Lynnway Auto Auction Jim Lamb (781) 596-8500

    M & T Bank John Federici (508) 699-3576

    MetroMedia Energy Timothy Teevens (800) 828-9427

    Micorp LLC Ryan Kim (508) 832-9816

    Mid-State Insurance Agency James Pietro (508) 791-5566

    Mintz Levin Kurt Steinkrauss (617) 542-6000

    Murtha Cullina Thomas Vangel (617) 457-4000

    Nancy Phillips Associates, Inc. Nancy Phillips (603) 658-0004

    OConnor & Drew, P.C. Kevin Carnes (617) 471-1120

    Performance Management Group, Inc. Mark Puccio (508) 393-1400

    Ray-Jurgen Richard Thibadeau (860) 585-0111

    R.L. Tennant Insurance Agency, Inc. Walter F. Tennant (617) 969-1300

    Resource Management Group J. Gregory Hoffman (800) 761-4546

    Reynolds & Reynolds Marc Appel (413) 537-1336

    Robinson Donovan Madden & Barry, P.C. James F. Martin, Esq. (413) 732-2301

    Samet & Company John J. Czyzewski (617) 731-1222

    Schlossberg, LLC Michael ONeil, Esq. (781) 848-5028

    Sentry Insurance Company Eric Stiles (715) 346-7096

    Shepherd & Goldstein Ron Masiello (508) 757-3311

    Silverman Advisors, PC Scott Silverman (781) 591-2886

    Southern Auto Auction Tom Munson (860) 292-7500

    Sovereign Bank Richard Anderson (401) 432-0749

    Target Dealer Services Andrew Boli (508) 564-5050

    TD Auto Finance BethAnn Durepo (603) 490-9615

    TD Bank Michael M. Lefebvre (413) 748-8272

    Wells Fargo Dealer Services Christopher Peck (508-314-1283)

    Wicked Local Media Massachusetts Jay Pelland (508) 626-4334

    Zurich American