GNYADA October 2014 Newsletter

GNYADA’s Stuart Rosenthal Stepping Down

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national bar association for attorneys who represent dealerships.

eral major revisions of the New York Franchised Motor Vehicle Dealer Act and numerous compliance and regulatory matters on local, state, and federal levels. Dealers often relied on his broad knowledge for practical answers to knotty problems. Prior to joining the Association in 1995, Stuart was an Assistant AG in the NYS Attorney General’s Office. Before that, held several legal and policy positions at NYC Department of Consumer Affairs. He is also of Counsel to the law firm of Rosenthal & Markowitz, LLP in Elmsford, New York. Stuart was a member of NYC Mayor Rudolph Giuliani’s Task Force on Automobile Insurance, served as President and a Trustee on the Board of the Pocantico Hills Central School District, and was the Deputy Town Supervisor for the Town of Greenburgh. He is a member of the Board of Directors of the National Association of Dealer Counsel, a The complaint calls for the dealer- ships to cease the deceptive practices and to make reparations to affected customers. The dealerships were a Hyundai and a Mazda dealership. It was reported that spokesperson for Mazda said that the dealership is an independently operated business and it is up to the dealership to work with the state of New Jersey. NY Follows Similar Rules This complaint by the NJ state authorities follows a settlement of a similar case in NY over the summer. Eight new-car dealerships under common ownership paid $1.8 million to settle claims of deceptive sales tactics.

Stuart worked hard on the “Any Car Store” legislation that sought to pro- hibit non-franchised dealers from selling new vehicles. He also refined GNYADA’s “lien release legislation” and broadened broker requirements. He drafted major revisions to the Association’s bylaws over the course of his tenure here. Although Stuart may not be in the office every day, his influences are far reaching and he will continue to have an impact on dealerships. We wish him luck in his future endeavors and know our paths will cross and he will be there when we need him. Many of his responsibilities will be handled most capably by Director of Dealer Services, Susan Bieber, Esq., who has worked with Stuart for the past nine years at GNYADA. NYS Advertising Guidelines and Vehicle and Traffic Law contain provisions similar to NJ: 1 Certain types of damage (storm damage, salvage titles) must be disclosed before selling a vehicle; 2 Prior use as rental, taxi, police, or driver education vehicle must be disclosed in ads and before sale; 3 All costs to be borne by the buyer, except tax, title and tags must be included in an advertised price for a specific vehicle; 4 Used cars cannot be advertised as “new”; 5 Advertised prices should disclose the full price of the car, and any qualifications for advertised rebates must be clearly disclosed.

After 18 years, Stuart Rosenthal is stepping down as Vice President, Legal Affairs for the Greater New York Automobile Dealers Association (GNYADA). But he is not leaving the automotive industry entirely. He is going into private practice where he will focus on automotive compliance. In addition, he will be counsel to Bass, Sox & Mercer.

At GNYADA, Mr. Rosenthal focused on legislative matters, including sev-

NJ Charges Dealers of Used Car Deceptions

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The NJ State Division of Consumer Affairs and the NJ AG have charged two dealerships with deceptive adver- tising and sales practices, in connec- tion with offering previously rented or damaged cars as new, and adver- tised already-sold or leased vehicles that were no longer available. Additional complaints against the dealership include failing to add legally required statements in news- paper ads explaining what costs the vehicle price included, as well as fur- ther costs that would be charged to the buyer. The advertisements failed to detail and clarify qualifications for any discounts, the state said.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • October 2014 7