Jim Radogna @jradogna ?

active 1 year ago
"The vast majority of dissatisfied customers who threaten to call an attorney never do. For the few that follow through, the results can be devastating. While it’s true that many customers’ complaints have little or no merit, there can be [...]" · View
  • Jim Radogna posted an update:   1 year, 2 months ago · View

    The vast majority of dissatisfied customers who threaten to call an attorney never do. For the few that follow through, the results can be devastating. While it’s true that many customers’ complaints have little or no merit, there can be a real danger if the wrong plaintiff’s attorney gets involved.

    You may be thinking “we have lawyers of our own and insurance for that sort of thing, so bring it on”. Well, here’s the problem: many lawsuits that stem from seemingly insignificant complaints snowball into massive class action cases based upon other issues entirely. There are a number of plaintiffs’ attorneys out there who are absolutely brilliant at turning dealer oversights or technical violations into class action lawsuits. For instance, one dealership’s failure to honor its promise to swap rims on a vehicle resulted in a class action lawsuit for backdating rewritten contracts where the court ordered that the over 1,500 class members could elect to return their vehicles and rescind their contracts.

    Let’s face it, most common consumer vs. dealer lawsuits or Lemon Law claims don’t pay big attorney fees, but class action lawsuits do. It doesn’t matter if the customer’s complaint is valid or if they have actually suffered any real damage; these attorneys simply want the opportunity to get their hands on your files. A Missouri dealer group recently settled a documentation fee class action lawsuit for over $8 million. The attorneys alleged that the charges constituted the “unauthorized practice of law”. Ridiculous, yes, but the attorney fees totaled $675,000.

    Other lawsuits have begun from mechanical issues, alleged misrepresentation of a vehicle’s condition, lies or unkept promises, undisclosed prior damage or vehicle history, payment packing claims, failure to honor warranties or service contracts, you name it. They’ve ended up becoming class action claims for improper disclosures, overcharging of fees, improper contract rescissions, undisclosed deferred downpayments, backdated contracts, etc.

    Even if class action status is not pursued or granted, attorneys often seek unfair and deceptive acts and practices claims for technical violations by painting a picture of “the greedy dealer profiting from the poor, unsuspecting consumer”. Believe me; it’s not that tough to sell to most judges and juries, and the ultimate cost to the dealership is often substantially more.

    The good news is that these lawsuits are avoidable. Most customers will not seek out an attorney unless they feel that they have no other choice or feel that they are being ignored or mistreated by dealership personnel. Two things that are virtually guaranteed to enrage a customer are unreturned calls or being treated in a confrontational manner by staff members. Many potential legal issues can be avoided by simply responding to customer complaints and perhaps offering a goodwill concession.

    All customer concerns should be addressed promptly by qualified personnel, regardless of their perceived validity. It’s vitally important that care be taken when communicating with customers – their attorney may use what you say against you. Many times a customer will contact an attorney after they have felt that they were being ‘bullied” into signing a new contract or threatened with repossession, legal action or consequences to their credit rating. It’s a good idea to have customer complaints reviewed by your legal counsel or compliance officer to make sure that all your ducks are in a row.

    Finally, check your ego at the door. While it may be distasteful to let an unreasonable customer “win” when you feel you’ve done nothing wrong, it makes good business sense to take a step back and examine the potential downside. Once an attorney gets involved, your chances of working out the problem directly with the customer diminish greatly. At the end of the day, does it make more sense to give in to the customer and move on with life or dig in your heels and risk a devastating lawsuit?

  • Jim Radogna wrote a new blog post: You Can Train Me Now or You Can Train Me Later   1 year, 3 months ago · View

    Employee training can cost a lot of money. Not training your employees can cost even more. In lawsuits, courts and regulatory agencies sometimes impose after-the-fact training requirements in addition to large monetary penalties. Consider these actual cases: A dealership faced a wide range of complaints, including failure to disclose material defects and misrepresenting sales and [...]

  • Jim Radogna wrote a new blog post: Is Your Website Provider Watching Your Back?   1 year, 4 months ago · View

    As I read through dealer websites, I’m often surprised at how many advertising violations I find. You would think that website providers would make sure that this doesn’t occur, right? You should never assume that the company that creates and maintains your website follows all the laws and regulations governing advertising compliance. State advertising laws [...]

  • Jim Radogna wrote a new blog post: You Can’t Fix It If You Don’t Measure It   1 year, 6 months ago · View

    If your sales staff told you that they had a 50% closing ratio, would you take their word for it? I suspect not – you would probably track all of their opportunities to determine the true percentage. Most dealerships measure a vast number of items on a daily basis. After all, you can’t manage what [...]

  • Jim Radogna wrote a new blog post: Excuses Are Like…   1 year, 7 months ago · View

    Many of the big money, big publicity compliance meltdowns in the auto industry have been the result of vehicle financing issues. Remember the Gunderson Chevrolet news clips showing the management team being convicted and sent to jail? Being a fearless bunch, some F&I folks still walk a fine line when it comes to compliance. Maybe [...]

  • Jim Radogna wrote a new blog post: Digital Due Diligence   1 year, 7 months ago · View

    Before the internet, when there were only phone pops, we learned valuable lessons on how to handle calls, such as selling the appointment, creating urgency, not giving shopping numbers and keeping information close to the vest until the customer showed up. It was good advice then and it may be good advice now. But keep [...]

  • Jim Radogna wrote a new blog post: Unfair? You Bet it is…   1 year, 8 months ago · View

    “BUYERS ARE LIARS”. I don’t think I was in the car business one hour before I heard that catchy little phrase. Sure enough, over the course of my retail career, I suspect I was lied to over and over again by the best of them. I’m not going to pontificate about what buyers lie about [...]

  • Jim Radogna wrote a new blog post: Unhappy Car Buyer Gets 110,000 Views on YouTube   1 year, 9 months ago · View

    I was browsing through the website of a prominent dealer-chasing law firm this morning (I know, I have weird hobbies), and came across a posting about a dealer with a link to a YouTube video. This dealership is part of a good-sized group that is very well-regarded in the area. As I am personally acquainted [...]

  • Jim Radogna wrote a new blog post: Your Customer’s Perception Is Reality   1 year, 9 months ago · View

    I get it. It’s tough out there. Customer access to information on the internet continues to squeeze margins. Dealerships are just trying to make a buck in a fiercely competitive marketplace. You have to do whatever it takes to stay ahead of the competition. I also get that some may view compliance as unnecessary, overrated, [...]

  • Jim Radogna wrote a new blog post: Getting Customers on the Lot Without Crossing the Line   1 year, 10 months ago · View

    Many complaints and legal actions against auto dealers are the result of the way vehicles are advertised. According to a joint survey by the Consumer Federation of America (CFA), National Association of Consumer Agency Administrators (NACAA), and North American Consumer Protection Investigators (NACPI), the number one consumer complaint has been misrepresentations in advertising or sales [...]

  • Jim Radogna wrote a new blog post: Can Modern Solutions Protect Against Old School Practices?   1 year, 11 months ago · View

    Much has been written about Automotive Online Reputation Management and, fortunately, there are a number of companies and consultants now available to assist dealers in getting a handle on this crucial subject. Reputation and customer satisfaction is of the utmost importance to dealers and there is little doubt that many negative online postings are either [...]

  • Jim Radogna wrote a new blog post: The New Breed of Shakedown Lawsuits   1 year, 11 months ago · View

    It seems like dealers just can’t catch a break when it comes to lawyers and lawsuits. Back in 2004, California businesses won a hard-fought battle against “shakedown” lawsuits with the passing of Proposition 64. Previously, the law had allowed any party to sue a company regardless of whether the plaintiff was directly affected. For example, [...]

  • First, I’d like to go on record as saying that I sincerely believe that the Brownback Amendment is a good thing. The last thing auto dealers need is more regulation. Most dealerships are highly ethical and provide a great service to the public by helping provide affordable auto financing. NADA, as usual, is doing an [...]

  • Jim Radogna wrote a new blog post: When the Going Gets Tough, the Tough Get…   2 years ago · View

    When the Going Gets Tough, the Tough Get an Attorney It’s been a tough couple of years for just about everyone in this business. I suspect there is an exception though – attorneys that specialize in suing car dealers. It seems that the recent economy has caused a higher than usual amount of disgruntled customers. [...]

  • Jim Radogna wrote a new blog post: Avoiding Workplace Harassment Claims   2 years, 1 month ago · View

    Another day, another news story about a sexual harassment lawsuit against an auto dealer. This time it’s the general manager and the GSM versus the receptionist. Allegedly, they were snapping her bra, whacking her backside with a back scratcher, hounding her with come-ons, and sending her inappropriate text messages among other things. According to the [...]

  • Jim Radogna wrote a new blog post: Advertising Compliance – Dodging Bullets   2 years, 1 month ago · View

    I remember the good old days when I was blissfully ignorant about everything except making the next car deal… Back in the days when I was a dealership general manager, I couldn’t wait for the next Big Sale, Promotion, Mailer, etc., whatever it took to make things happen. I gladly signed up for whatever “Next [...]

  • Jim Radogna wrote a new blog post: Will You Still Love Me Tomorrow? There a…   2 years, 2 months ago · View

    Will You Still Love Me Tomorrow? There are a number of good reasons for operating an ethical and legally compliant dealership, not the least of which is staying out of a courtroom. Perhaps the most important – and most often overlooked – reason is increased customer satisfaction. There are times when an employee may feel [...]

  • Jim Radogna wrote a new blog post: Top Ten Ways an Employee Can Ruin Your D…   2 years, 2 months ago · View

    Top Ten Ways an Employee Can Ruin Your Day Question: Where are compliance lapses likely to occur in most dealerships? 1. The F&I office 2. The sales managers’ office 3. The lot 4. The showroom 5. All of the above In my humble opinion, the answer is a qualified all of the above. The reason I [...]

  • Jim Radogna wrote a new blog post: Legal Compliance – Who Taught You the Ru…   2 years, 2 months ago · View

    Legal Compliance – Who Taught You the Rules? Back when I was a green-pea salesman, I listened carefully to everything the closers and sales managers said. These guys were good! It seemed that no matter what the customer said, they had an answer. So I listened and learned. When I got my shot and became [...]