NIADA Regulatory Update
Posted on October 28, 2015 Written By: iadminlaw
08/31/2015
A proposed change was reported to a rule which would enable auto dealers to publicize the privacy notices online contingent upon five factors:
- Non-public personal data will not be shared in a way which would stimulate the Gramm-Leach-Bliley Act.
- An opt out is not to be included in the annual privacy notice in the Fair Credit Act.
- If a notice and opt is required under the Affiliate Marketing Rule the AMR requirements must be
satisfied or there must be other notices of the opt out right than the annual privacy notice. - The nature of the privacy notice cannot be changed since it was last provided.
- The model privacy notice must be used
If these requirements are met another delivery method may be used for the notice. An annual notice is required to inform consumers that the privacy notice has not changed.
The policy must be apparent on the website with no contingencies. The policy must be mailed upon request.
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Settlement in Motorcycle Case
A settlement was reached in a case between Triumph Motorcycles Ltd and Triumph Motorcycles (America) Ltd.
Triumph recalled 1,300 motorcycles in 2014. An investigation ensued. Triumph acknowledged that its reporting methods did not meet NHTSA regulations. Triumph admitted to not adhering to all of the standards of the industry.
Triumph must pay some high monetary penalties in addition to investing in the improvement of its safety measures.
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Fiat Chrysler recently recalled its 1993-1998 Jeep Grand Cherokee and 2002-2007 Jeep Liberty SUV’s
Options available for owners of the Grand Cherokee include:
- A One Hundred Dollar Visa Prepaid Card
- a One Thousand Dollar incentive toward a new car or a $1,000 Visa Prepaid Card for use toward the repair of the vehicle
Other incentives are available. The estimated value of the car must be determined according to fair market value plus 10% costs.
Vehicle inspections may be arranged. A third party will be consulted to conduct the inspection. A final offer will be presented to the customer.
