{"version":"1.0.0","episode":{"title":"Van Blommestein on AU Dealers, Crowell on FTC Warning, Beaty on Car Law | Daily Dealer Live","url":"http://getcarcurious.com/episodes/van-blommestein-on-au-dealers-crowell-on-ftc-warning-beaty-on-car-law-daily-dealer-live","audioUrl":"https://chrt.fm/track/C6AG88/traffic.megaphone.fm/CREUR6838938924.mp3","description":"Today's show features:  \n\n\n\n- Kelly Van Blommestein, Dealer Principal / Managing Director at Werribee and Western Auto Group\n\n\n\n- Adam Crowell, Chief Legal & Strategy Officer at KPA

\n\n\n\n- Barrett (Charapp) Beaty, Partner at Charapp & Weiss, LLP\n\n\n\nThis episode is brought to you by:\n\n\n\nOverfuel – Dealers: You’re torching $30 of every $100 in marketing spend when your site flunks Google’s basic performance test. Why keep using outdated website technology that's killing your profits? Overfuel is the new technical standard in automotive websites, proven to grow sales by 30%+. Whether you need more revenue or better support, they’ve got you covered. Go to https://overfuel.com/ and use code CDG500 in the comment box for $500 OFF.\n\n\n\nKPA — the compliance platform built specifically for auto dealers, covering everything from EHS and HR to F&I and cybersecurity. Over 15,000 dealerships trust KPA to handle the regulatory complexity so they can focus on running their business — visit https://kpa.io/ to request a demo.\n\n\n\nCheck out Car Dealership Guy’s stuff:\n\n\n\nCDG Circles ➤ ⁠https://cdgcircles.com/⁠\n\nCDG News ➤ ⁠https://news.dealershipguy.com/⁠\n\nCDG Jobs ➤ ⁠https://jobs.dealershipguy.com/⁠\n\nCDG Recruiting ➤ ⁠https://www.cdgrecruiting.com/⁠\n\n\n\nMy Socials:\n\n\n\nX ➤ ⁠https://www.twitter.com/GuyDealership⁠\n\nInstagram ➤ ⁠https://www.instagram.com/cardealershipguy/⁠\n\nTikTok ➤ ⁠https://www.tiktok.com/@guydealership⁠\n\nLinkedIn ➤⁠ https://www.linkedin.com/company/cardealershipguy/⁠\n\nThreads ➤ ⁠https://www.threads.net/@cardealershipguy⁠\n\nFacebook ➤⁠ https://www.facebook.com/profile.php?id=100077402857683⁠"},"annotations":[{"startTime":47.9,"endTime":58.1,"type":"company","title":"FTC","url":"/glossary/ftc","quote":"So first up, used car demand is heating up again, the FTC as we know and have talked about here just worn 97 dealer groups on pricing and most stores still have compliance risks sitting on their own website right now, March of 26th.","canonicalId":"company:ftc","priority":0.9,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"The FTC (Federal Trade Commission) is the U.S. agency that enforces consumer protection and advertising rules. In auto retail, it commonly focuses on pricing and advertising compliance—especially how dealers present “the price” to shoppers.","simplifiedExplanation":"The FTC is a government agency that watches for unfair or misleading advertising. In car sales, it cares a lot about how dealers show pricing online and in ads."}},{"startTime":68.2,"endTime":75.9,"type":"concept","title":"Chinese OEMs","url":"/glossary/chinese-oems","quote":"...including what's really happening with those Chinese OEMs and what that means for US dealers.","canonicalId":"concept:chinese-oems","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"OEMs are original equipment manufacturers, meaning the companies that build vehicles under their own brand. The speaker’s mention of Chinese OEMs signals competitive pressure on pricing, product mix, and dealer strategy—especially as Chinese brands expand."}},{"startTime":136.7,"endTime":148.2,"type":"brand","title":"Honda","url":"/glossary/honda","quote":"Sony Honda Mobility cited Honda's March 12th announcement pulling back on its EV strategy as the reason","canonicalId":"brand:honda","priority":0.9,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Honda is mentioned as having announced it was pulling back on its EV strategy, which then affected the joint venture’s ability to proceed. The excerpt frames this as a key reason the Ithila vehicles have no viable path to launch as planned.","simplifiedExplanation":"Honda is the automaker that changed direction on EVs. That decision is described as the reason the EV project discussed in this segment couldn’t continue."}},{"startTime":351.9,"endTime":357.7,"type":"concept","title":"total cost of ownership","url":"/glossary/total-cost-of-ownership","quote":"...including financing options, home charging, and that total cost of ownership, including insurance.","canonicalId":"concept:total-cost-of-ownership","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Total cost of ownership (TCO) is the overall cost to own a vehicle over time, including things like fuel/energy, maintenance, insurance, and sometimes financing. The segment argues dealers should explain TCO to help shoppers justify higher upfront EV prices."}},{"startTime":441.2,"endTime":446.3,"type":"term","title":"Chinese vehicles","url":"/glossary/chinese-vehicles","quote":"So the brands you spoke about, so we do have Chinese vehicles and it's a little bit different to the US, but we've been a Chinese dealer for over 17 years.","canonicalId":"term:chinese-vehicles","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"The guest notes that Chinese vehicles are part of their dealer mix and that it’s “a little bit different” from the U.S. context. This is a meaningful topic because Chinese-brand distribution, pricing, and customer expectations can differ from traditional markets."}},{"startTime":453.8,"endTime":460.6,"type":"brand","title":"Nissan","url":"/glossary/nissan","quote":"...J-Coup as part of our group with Nissan, Honda, Mitsubishi, you name it, we've got it.","canonicalId":"brand:nissan","priority":0.5,"confidence":0.9,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Nissan is one of the established mainstream brands the dealer group carries. The speaker later references being with Nissan for decades, making it a key part of her career story and dealership experience."}},{"startTime":498.6,"endTime":504.6,"type":"term","title":"parts department","url":"/glossary/parts-department","quote":"...selling finance and aftermarket service advisory, learning our parts department as well.","canonicalId":"term:parts-department","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"A dealership’s parts department supplies replacement components for service jobs and customer repairs. It’s especially important for multi-brand groups because parts availability and inventory planning vary by manufacturer.","simplifiedExplanation":"The parts department is where the dealership gets replacement parts for repairs and maintenance. It helps keep the service shop running."}},{"startTime":538.8,"endTime":544.3,"type":"concept","title":"units sold","url":"/glossary/units-sold","quote":"So a major metric, obviously we look at, units sold. How many cars do you sell a month from your stores?","canonicalId":"concept:units-sold","priority":0.9,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"“Units sold” is a core dealership performance metric that tracks how many vehicles are sold over a set period (like monthly). It’s often used to compare store performance, brand performance, and sales team effectiveness.","simplifiedExplanation":"Dealers track how many cars they sell. It’s usually measured per month, and it helps compare how well different stores or brands are doing."}},{"startTime":569.0,"endTime":574.6,"type":"concept","title":"Australia Consumer Law","url":"/glossary/australia-consumer-law","quote":"Yeah, so in Australia, we have Australia Consumer Law. So we're a little bit different to yourself.","canonicalId":"concept:australia-consumer-law","priority":0.5,"confidence":0.9,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Australia Consumer Law is the national consumer-protection framework that governs how businesses must treat customers. In dealership discussions, it often affects warranties, refunds/returns, advertising claims, and other obligations that shape sales practices.","simplifiedExplanation":"Australia has consumer-protection rules for how businesses must treat customers. For car dealers, these rules can affect things like promises made in ads and what you can do if there’s a problem with a purchase."}},{"startTime":737.9,"endTime":746.1,"type":"concept","title":"hybrid","url":"/glossary/hybrid","quote":"the way to go is hybrid here in Australia. It's the best of both worlds. It really suites our market.","canonicalId":"concept:hybrid","priority":0.9,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"A hybrid powertrain combines an internal-combustion engine with an electric motor/battery. The speaker frames hybrids as a “best of both worlds” approach for Australia’s market needs—balancing efficiency and practicality.","simplifiedExplanation":"A hybrid uses both a gas engine and an electric motor. The idea is to get better fuel economy without fully switching to an all-electric car."}},{"startTime":792.0,"endTime":799.0,"type":"concept","title":"KPIs","url":"/glossary/kpis","quote":"like the models. Obviously, we all have our own KPIs. We all have, you know, things in place that you need to take, like with any manufacturer.","canonicalId":"concept:kpis","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"KPIs (Key Performance Indicators) are measurable targets businesses use to track performance. The speaker mentions that dealers and manufacturers all have KPIs they must hit, similar to any brand relationship.","simplifiedExplanation":"KPIs are the numbers a business tries to hit—like sales goals or service targets. The speaker is saying Chinese brands still work with dealers using normal business goals."}},{"startTime":834.7,"endTime":841.4,"type":"concept","title":"service maintenance and reliability","url":"/glossary/service-maintenance-and-reliability","quote":"We was the service maintenance and reliability for GW and MG compared to Nissan, let's say.","canonicalId":"concept:service-maintenance-and-reliability","priority":0.5,"confidence":0.9,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Service and maintenance reliability refers to how dependable the cars are over time and how well the brand supports them with repairs, parts, and warranty work. The speaker frames this as a key concern when new brands enter a market."}},{"startTime":884.2,"endTime":899.3,"type":"brand","title":"BYD","url":"/glossary/byd","quote":"And that's fantastic. And that's what you need. You need them to have that support. Yeah. Now, in the news here in the US, there's been reported that BYD initially came into Australia, had franchise dealers...","canonicalId":"brand:byd","priority":0.9,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"BYD is a major Chinese automaker known for electric vehicles and batteries. The discussion is about BYD’s go-to-market strategy in Australia—whether it used franchise dealers and then shifted to a direct-to-consumer model, potentially overriding existing dealer contracts.","simplifiedExplanation":"BYD is a car company (mostly known for electric cars). They’re being discussed here because they may have changed how they sell cars in Australia—moving away from dealer partners and trying to sell more directly to customers."}},{"startTime":977.0,"endTime":1014.4,"type":"term","title":"cryptocurrency","url":"/glossary/cryptocurrency","quote":"M4RSH411 says, can you use digital cryptocurrency to purchase or lease vehicles in Australia? ...we haven't gone the cryptocurrency for us personally. In our dealerships...","canonicalId":"term:cryptocurrency","priority":0.5,"confidence":0.9,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Cryptocurrency refers to digital currencies (like Bitcoin) that can be used for payments. The question here is whether dealers in Australia can accept crypto for buying or leasing vehicles, and the guest says they haven’t adopted it in their dealerships."}},{"startTime":1193.5,"endTime":1199.7,"type":"term","title":"soft sell","url":"/glossary/soft-sell","quote":"So for us, it's a simple touch point where we feel that the soft sell works.","canonicalId":"term:soft-sell","priority":0.5,"confidence":0.86,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"A “soft sell” is a sales approach that focuses on listening, understanding needs, and offering information rather than using aggressive pressure. In dealerships, it often means guiding the customer toward a decision more gently.","simplifiedExplanation":"A “soft sell” is a friendly, low-pressure way to sell. Instead of pushing hard, the salesperson tries to understand what you want and then helps you choose."}},{"startTime":1511.5,"endTime":1545.8,"type":"company","title":"Overfuel","url":"/glossary/overfuel","quote":"Today's episode is brought to you by Overfuel. Most dealerships, no most dealership websites, well, they suck. They're slow, they're clunky, and hated by both shoppers and they're hated by Google.","canonicalId":"company:overfuel","priority":0.5,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Overfuel is a marketing/website provider for dealerships, positioning itself as an AI-driven solution for dealership websites. The sponsor message frames it as improving site speed and search visibility to attract and convert shoppers.","simplifiedExplanation":"Overfuel is a company that helps car dealers build and run their websites. They’re advertising faster, easier-to-find dealership sites that help bring in more shoppers."}},{"startTime":1656.4,"endTime":1663.1,"type":"concept","title":"unfair and deceptive acts and practices","url":"/glossary/unfair-and-deceptive-acts-and-practices","quote":"under the FTC act to prosecute unfair and deceptive acts and practices, right? And there were four\n[1663.1s]  cases that were coming out of 2020","canonicalId":"concept:unfair-and-deceptive-acts-and-practices","priority":0.5,"confidence":0.9,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"This is the standard the FTC uses to determine whether conduct violates the FTC Act. In car dealership cases, it commonly covers misleading advertising, unclear pricing, and failure to disclose material terms or fees.","simplifiedExplanation":"This is the FTC’s standard for stopping companies from misleading customers. In car sales, it often comes up when ads or paperwork don’t clearly show the real price or key details."}},{"startTime":1753.3,"endTime":1768.8,"type":"concept","title":"offering price","url":"/glossary/offering-price","quote":"they were trying to set what they were calling the offering price under that rule that\n[1759.9s]  was defeated.","canonicalId":"concept:offering-price","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"“Offering price” here refers to a standardized price dealers would present that includes mandatory fees (with an exception for mandatory government fees like taxes). The goal is to make the advertised price more comparable across dealerships and states.","simplifiedExplanation":"Offering price is the “real” advertised number the dealer is supposed to show. The idea is to include the required dealer fees so you’re not surprised later at checkout."}},{"startTime":2285.3,"endTime":2297.5,"type":"concept","title":"vehicles in transit","url":"/glossary/vehicles-in-transit","quote":"[2285.3s]  every once in a while, you'll see like on someone's website where they might have the vehicle in front [2289.3s]  of a train. And you know, the question is just whether or not they're disclosing that, hey, [2293.2s]  this is something that's like in transit or it's been on order. It's not here yet. You know, that [2297.5s]  sort of thing.","canonicalId":"concept:vehicles-in-transit","priority":0.5,"confidence":0.86,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"“In transit” means the vehicle is on the way (e.g., shipped or en route) and not physically on the lot yet. Regulators and consumers care about whether dealers clearly disclose this status and any expected arrival timing, so the ad doesn’t mislead shoppers.","simplifiedExplanation":"“In transit” means the car hasn’t arrived at the dealership yet, but it’s coming. The key is whether the dealer clearly tells you that in the listing, instead of making it sound like it’s already available."}},{"startTime":2731.0,"endTime":2740.0,"type":"term","title":"doc fee","url":"/glossary/doc-fee","quote":"All right. So doc, doc fee, is it required as part of the full price, the advertised price on online on a website? So 26.","canonicalId":"term:doc-fee","priority":0.9,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"A “doc fee” (documentation fee) is a charge dealers add to cover paperwork and administrative costs. In many places, regulators scrutinize whether it must be included in the advertised price and how it’s disclosed to consumers.","simplifiedExplanation":"A “doc fee” is a dealer paperwork charge. The big issue is whether the dealer has to show it in the advertised price or can add it later."}},{"startTime":2896.2,"endTime":2902.3,"type":"term","title":"advertising prices on social media","url":"/glossary/advertising-prices-on-social-media","quote":"[2891.4s]  continue to cover this as we go. We've got a lot of comments online. And I'll bring those into the [2896.2s]  roundtable, including from Patrick Block Ventures. I love this. Think of all the salespeople quote [2896.2s]  advertising prices on social media. You know, is there some personal liability?","canonicalId":"term:advertising-prices-on-social-media","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Posting “advertising prices” on social media is a common dealership marketing practice, but it can raise compliance questions if the posted price is misleading, lacks required disclosures, or doesn’t match the actual terms. This is why the segment connects it to personal liability and the regulatory environment.","simplifiedExplanation":"Dealers (and salespeople) often post car prices on social media. The concern is that if the price or the fine print is wrong or incomplete, it can create legal trouble."}},{"startTime":2902.3,"endTime":2907.2,"type":"brand","title":"Toyota","url":"/glossary/toyota","quote":"[2896.2s]  advertising prices on social media. You know, is there some personal liability? And then Dan C. [2902.3s]  saying Toyota dealers would be in a world of hurt if they couldn't advertise in transit vehicles.","canonicalId":"brand:toyota","priority":0.5,"confidence":0.9,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Toyota is referenced as an example of a brand whose dealers rely on advertising channels. In dealership legal/regulatory discussions, brand examples help illustrate how broad rules can impact major manufacturers and their dealer networks.","simplifiedExplanation":"Toyota is the car brand mentioned as an example. The speaker is saying that if certain advertising rules changed, Toyota dealers would be heavily affected."}},{"startTime":3035.0,"endTime":3126.4,"type":"term","title":"processing fees","url":"/glossary/processing-fees","quote":"So first up, processing fees. They've historically been handled differently state by state. Now the FTC is saying federal law... How should dealers... reconcile those conflicts on their buyer's orders?","canonicalId":"term:processing-fees","priority":0.9,"confidence":0.95,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"Processing fees are dealer-added charges tied to preparing paperwork or handling the sale. The key issue discussed here is how they must be disclosed on the buyer’s order and whether they can be bundled into the advertised/sales price without creating a misleading presentation."}},{"startTime":3398.8,"endTime":3402.7,"type":"term","title":"$1,200 add-on","quote":"That is the selling practice that is a problem because it's not in the advertised price. They come in and they say, oh, you want the advertised price? Well, unfortunately, you have this other $1,200 add-on.","canonicalId":"term:1-200-add-on","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"The speaker cites a specific example of a dealer charging an additional $1,200 add-on on top of the advertised price. This illustrates the compliance problem: customers may be surprised by extra costs that weren’t part of the advertised deal.","simplifiedExplanation":"They’re giving an example of a big extra charge added at the last minute. The point is that customers may think they’re getting one price, but then the dealer adds another cost."}},{"startTime":3652.2,"endTime":3664.3,"type":"car","title":"Lexus GX","url":"/cars/lexus/gx","image":"https://upload.wikimedia.org/wikipedia/commons/b/b4/LEXUS_GX_%28J150%29_China.jpg","quote":"If you're doing a market adjustment, I'm shouting out to Lexus dealers right now with that GX that is whatever price and you're supposed to sell it on the website at MSRP. And then at the bottom, you said, market adjustment may occur upon entering the store.","canonicalId":"car:lexus:gx","priority":0.5,"confidence":0.88,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"The Lexus GX is a midsize luxury SUV, and it’s used in the episode as an example of how dealers may advertise a price at MSRP but then apply a market adjustment. The point is about disclosure and pricing consistency rather than the vehicle’s mechanical details.","imageAttribution":"Dinkun Chen (CC BY-SA 4.0)"}},{"startTime":3896.7,"endTime":3914.7,"type":"part","title":"lift kit","url":"/glossary/lift-kit","quote":"...especially if you put like a lift kit and everything else like that's on this vehicle. So, like, I think that that's like a situation where...","canonicalId":"part:lift-kit","priority":0.5,"confidence":0.85,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"A lift kit is an aftermarket suspension modification that raises a vehicle’s ride height. Because it’s not factory-installed, it’s often treated as an optional add-on that must be disclosed properly under dealer advertising and disclosure rules.","simplifiedExplanation":"A lift kit raises the car higher by changing the suspension. Since it’s usually added after the factory build, it should be clearly called out as an optional extra."}},{"startTime":3974.94,"endTime":3984.2,"type":"term","title":"nitrogen-filled tires","url":"/glossary/nitrogen-filled-tires","quote":"actually give benefit to the consumer. So, if you're selling things like nitrogen, filled tires, and it really isn't like pure nitrogen, instead it's like, you know, just regular atmosphere, like that's going to be a problem.","canonicalId":"term:nitrogen-filled-tires","priority":0.5,"confidence":0.92,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"The discussion is about selling “nitrogen” for tire inflation. In practice, many products marketed as nitrogen are not pure nitrogen and may just be air-like gas, which can affect whether the upsell is truly beneficial.","simplifiedExplanation":"Some dealers sell a tire-inflation upgrade that claims to use nitrogen gas. If it’s not actually pure nitrogen, it may be more of a sales pitch than a real improvement."}},{"startTime":4464.9,"endTime":4471.0,"type":"term","title":"NADA","url":"/glossary/nada","quote":"listen to that NADA FTC webinar. Watch that webinar or watch yours.","canonicalId":"term:nada","priority":0.5,"confidence":0.9,"source":"hybrid-fuzzy+gpt-5.4-nano","data":{"explanation":"NADA is the National Automobile Dealers Association, an industry group that provides guidance and training for dealers. In the segment, NADA is mentioned in connection with an FTC webinar, implying dealers should follow current compliance guidance.","simplifiedExplanation":"NADA is a dealer organization that helps car dealers with rules and best practices. Here it’s being referenced for an FTC-related webinar dealers should watch."}}],"speakers":[{"id":"s1","name":"Car Dealership Guy","role":"host"}],"transcripts":[{"url":"http://getcarcurious.com/episodes/van-blommestein-on-au-dealers-crowell-on-ftc-warning-beaty-on-car-law-daily-dealer-live/transcript.vtt","type":"text/vtt"}]}