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Friday, July 19, 2024

I APOLOGIZE TO TED SMITH












President of the Florida Automobile Dealers Association

Last Friday, Ted Smith and I had a heated phone conversation about a previous column/blog I’d written in which I blamed Ted and the FADA for the fact that Ashley Moody, Florida’s Attorney General had not enforced Florida laws, on the books for over 20 years regulating car dealers.

I learned from my conversation that I was dead wrong, and I’m publicly apologizing to Ted Smith for my blog and my wrongful comments.

Ted Smith and I go way back to the days when I was an active member of the FADA, a director, and on the executive committee. I was on the FADA committee that selected and hired Ted Smith, many years ago. Ted is one of the smartest people I know. He is, by far, the best head of the FADA we’ve ever had.

When Ted and I were working closely together, we unsuccessfully tried to form a Florida Car Dealers’ Ethics Committee that regulates car dealers, like how the Florida Bar Association regulates attorneys. Our stumbling block was that we couldn’t find any car dealers who would agree to join such a committee. The committee would be charged with overseeing the honesty and ethics of Florida car dealers’ advertisements and sales practices. This group of dealers, located strategically around Florida, would warn dealers of violations so they could cease and desist before being punished by regulators.

Had Ted and I been successful, Florida’s car dealers wouldn’t find themselves in the predicament we do today with the Federal Trade Commission’s CARS act, “Combatting Auto Retail Scams” breathing down our necks and the recent letter from AG, Ashley Moody that she will begin enforcing Florida’s 20+ year old statutes regulating car dealers’ bad behavior.

Ted Smith has had active dealings with Ashley Moody and has agreed to assist her with the Florida car dealers’ adherence to honest, transparent, advertising and sales practices. He recently sent out a certified, registered letter to all Florida car dealers (including me) advising us that the old laws would be begun to be enforced by September 1, 2024. He and FADA staff have traveled around the state conducting a series of “road shows” by FADA lawyers so that every dealership can learn all the details and comply with the law. My dealership attended such a meeting last Friday…the last road show.

Ted and I agree that we will see a significant improvement in the honesty and transparency of Florida car dealers after September 1, but not 100%. The biggest improvement will be seen in South Florida dealerships which I refer to as both “the wild-wild West” and “Sodom and Gomorrah”. The dealers in northern Florida are more civilized but will also have to improve their advertising and sales practices.

I liken what we will see as like what Florida drivers see on I-95 or Florida’s Turnpike. Virtually all drivers are exceeding the speed limit. The Florida Highway Patrol troopers hiding along the road with their radar guns will ignore you if you’re going only 9 mph above the legal limit. The higher you get above 9 mph, the more likely you’ll be pulled over and fined. The AG will be targeting lots of South Florida dealers who are exceeding the legal limits by WAY above 9 mph.










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