Pub. 1 2019-2020 Issue 1

27 1. Proposition 64 (2004). Raised $5.8 million in direct dealer contributions and co-led the coalition to support the successful initiative to curb shake- down lawsuits. 2. TrueCar Settlement (2017). After two and a half years after the initial lawsuit was filed against TrueCar, CNCDA achieved the most significant legal victory in the history of the association. CNCDA sued TrueCar in 2015, challenging the company’s lack of licensure in the state of California. As a direct result of the lawsuit, TrueCar changed its business model and paid CNCDA more than $1.5 million in legal fees. 3. Doc. Fee Increase, EVR Mandate and Title-Brand Notices (2011). Increased cap on doc. processing charge from $55/sales and $45/leases to $80 while allowing pass through of hard costs for Electronic Vehicle Registration (EVR) mandate. By requiring check of federal salvage, junk and title-brand data- base, ensured competition for CarFax, while provid- ing consumer benefit with red notices on vehicles our members don’t want to sell anyway. 4. Petition and DMV Accusation Against Chrysler for Downtown LA Factory Store (2011). Successfully persuaded NMVB to order DMV to investigate Chrysler for Village Motors store. DMV accused Chrysler of violating law and lying to investigators. DMV ordered Chrysler to sell its store to an independent dealer and assessed nearly $1 million in penalties. 5. Car Buyer’s Bill of Rights Compromise (2005). Prevented the qualification of a much more onerous initiative measure with a 3-day cooling off period and financing limitations. 6. Contributed over $3.9 million in Direct Contributions to Dealer Friendly Candidates in California (2003-2017). CNCDA PAC – through the generous support of our dealers – helped to elect and retain legislators and state officeholders who share our pro-dealer political philosophy. 7. Franchise Law Improvements (2009, 2011 and 2013). In 2009, updated the state’s franchise laws to conform California to the rules in the majority of states in the areas of termination assistance, dualing, facility improvements and statutory in- demnity. Also, it provided limited relief to Chrysler dealers terminated in bankruptcy. In 2011, updated dealer franchise laws to prohibit waiver of dealer protect rights, reduce unfair competition against dealers by factory-owned stores, and prohibit mandates for use of factory approved vendors for service contracts and GAP agreements. In 2013, updated dealer franchise laws to provide a rebut- tal presumption for dealers who sold or leased a vehicle that is exported and restricts the expansive and unreasonable performance standards evaluat- ed on dealers. Also, it modified warranty repair and incentive rules regarding an appeal process with a right to cure, a 15 day written notice to changes to the warranty reimbursement schedule, and limits audits requirements of records to nine months. 8. Established Association Standing at the New Motor Vehicle Board (2015-2017). In response to Jaguar Land Rover North America’s (JLRNA) egregious export and sale-for-resale policy, CNCDA was granted the authority by the legislature to bring a first-time-ever protest at the New Motor Vehicle Board on behalf of all their Jaguar Land Rover deal- ers. In November 2017, the California New Motor Vehicle Board (NMVB) declared JLRNA export policy violates California law. The NMVB’s decision marked the conclusion of the first protest CNCDA filed with the NMVB. 9. Twice Stopped Bill to Impose Burdensome Mandatory Recall Repair Mandate Only on Dealers (2013 and 2014). Bill would have pro- hibited dealers from selling or leasing any vehicle subject to a manufacturer’s recall until repaired, with many other problems including the lack of an op- erating recall database, absence of liability protec- tions and an exemption for rental car companies. 10. Struck a Compromise on Temporary License Plate Legislation (2016). Toll taking agencies sought immediate identification of vehicles, but their flawed bill would have imposed burdensome requirements on dealers, DMV and consumers. CNCDA negoti- ated a compromise where dealers would get a $5 increase in the doc fee for all vehicles sold in exchange for dealers installing temporary plates on vehicles lacking license plates. 3