Scali Rasmussen attorneys maintain productive relationships with the agencies and overseers of the retail auto industry. Here is how we work to build efficient compliance programs, prevent triggering interest from regulators, and address any inquiries or actions that arise.
- Advertising compliance, programs and representation
- Regulatory compliance, investigations and audits FTC, DMV, BAR, CARB and BOE
- Privacy & cybersecurity
- ADA compliance
- COVID-19 compliance
Advertising compliance, programs and representation
Regulation of automobile advertising occurs at the state and federal level. The laws are complex, and obligations continually change. We help ensure that the advertising you run — digital, print, radio and television—complies with the law.
Regulatory compliance, investigations and audits
Our deep experience with numerous dealerships helps us position clients in front of a changing regulatory landscape. We regularly guide clients on their full range of requirements and ways to comply with them, including those involving:
- Board of Equalization (BOE)
- Bureau of Automotive Repair (BAR)
- California Air Resources Board (CARB)
- Department of Motor Vehicles (DMV)
- Environmental compliance, including Proposition 65
- Equal Credit Opportunity Act (ECOA)
- Finance & Insurance (F&I) related rules
- Federal Trade Commission (FTC) and Red Flags Rule
- Gramm–Leach–Bliley Act (GLBA)
- Truth in Lending Act (TILA)
To help prevent missteps and litigation, we conduct comprehensive and thorough reviews of business practices and forms, including of the sales and F&I departments. Our attorneys may recommend changes in dealership practices and forms to ensure compliance with the law.
When regulators and agencies, such as the DMV or BAR, pursue an investigation or proceeding, we stand by our clients from the outset. With costly penalties and the threat of closure at stake for clients, we draw upon our relationships with administrative decision makers and regulators to resolve the issue with minimal interruption and negative impact.
Privacy & cybersecurity, including CCPA
Scali Rasmussen has all the resources you need to stay current with the evolving rules on privacy and data security related to automotive dealerships.
Our team, which includes a Certified Information Privacy Professional (CIPP), customizes security solutions to meet each dealership's unique situation. We are advising clients on the
California Consumer Privacy Act (CCPA) and its implications for the industry. As part of our counsel, we develop CCPA Compliance Programs to help dealerships stay in front of data protection requirements and the many layers of regulatory obligations.
Americans With Disabilities Act (ADA) compliance
We advise dealerships on how to meet the ADA's rules for website accessibility, and how to remain ahead of all other emerging ADA obligations and litigation trends. Our experience handling claims involving the ADA, Age Discrimination in Employment Act (ADEA) and other statutes informs the effectiveness of the compliance programs we formulate and preventive measures we recommend. Should litigation occur, you can expect a tested bench of lawyers to defend you and resolve the issues being disputed.
When the COVID-19 pandemic hit, we moved quickly to keep auto dealers ahead of short -and long-term threats. We continue to update our guidance as additional issues develop in health and safety and employment.
Our continuing COVID-19 counsel includes how to meet local and state requirements, employment and operations issues, and advice on changes to dealership-manufacturer relationships. We continue to adapt our counsel as we gain insights into best practices and changing laws.