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Members Benefit From Call-In Service
By Michael W. Dunagan, TIADA Endorsed Attorney
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| Michael Dunagan |
It is with this thought that TIADA introduced such a program in 1976. I was hired to take calls from members and provide prompt responses to their questions. In effect, TIADA subsidized my post-law school education since I had to research many of the issues raised in the dealer calls. I set up reference files on cases and statutes, and used the research as the basis for legal articles that were written for the TIADA magazine.
After a while, most questions become repetitive, requiring less research. We’ve attempted, over the years to address the most common questions in newsletter or magazine articles. But even after an article is published, the same question is asked by those who may be new to the business or the association; those who, for one reason or another, never read the story; or, by those who may have read the article, but have simply forgotten about it. One thing I have to keep reminding myself is that just because an article on a particular subject ran a few years ago doesn’t mean that all members read it or know of its contents. Thus, some of the old-timers out there have noticed that articles get recycled occasionally. When this happens, we try to update the information with a more recent slant.
Taking phone calls from dealers has been an education for us over the years. We’ve learned much about the industry and business practices that can’t be read in any book. Additionally, changes in the industry bring about new issues and new challenges. The rise of the sub-prime finance, for instance, gave rise to a whole new set of questions that deserved attention.
The TIADA phone-in service has run continuously since 1976, other than for a couple of years in the 1990’s when financial restraints shut it down. Over that time, thousands of calls have been fielded. In some cases, a direct yes or no answer resolves the issue, but in the majority a more detailed discussion is necessary. We have found that the opening: “I just have a quick question for you,” usually means that 15 minutes or more of give and take is coming. One of the most difficult parts of taking the calls is giving a dealer bad news. Some of the calls begin with a description of what happened, followed by the wishful statement/question: “I don’t have any liability, do I?” When the dealer has in fact violated the law, and does in fact have potential liability, I try to be as honest as possible in my assessment of the situation. Some dealers want to argue the fairness of the law, or debate my legal conclusion. Most acknowledge my advice and thank me for telling them the facts, instead of just telling them what they may have expected or wanted to hear.
To make the system work smoothly, TIADA has set up some rules for members who wish to take advantage of the program:
- Members should first call TIADA at 800-442-5944 to request an attorney consultation. (If a call comes in directly to my office, a consultation fee is charged). After membership status is verified, the call information is forwarded to my office to place the call.
- While no specific limit is placed on the number of calls a member can make, a limit may be imposed on any member who abuses the privilege.
- Questions should be limited to motor vehicle dealer issues. The service is not set up to handle question about suing an exterminator over termites.
- Calls should be directed to the dealer or general manager. On many occasions we have been directed to call a clerk or secretary. After discussing the issue and answering the question, often with someone who doesn’t really understand the issues, we get a second call from the dealer wanting us to repeat the entire discussion with him or her.
- The service is not for non-members or consumers. We get many calls from consumers who were referred by members. We have to take the time to inform them that we don’t represent consumers. We then usually refer them to the various state agencies. We also get numerous direct calls from non-members who claim to have been told by a member friend that the service is free, and besides, “this will just take a minute.”
- The phone consultation service does not cover legal representation or any type of action other than the consultation. While our firm does represent many dealers in various matters, those are handled on an individual basis.
- On occasion, we receive a call that involves a complaint against a firm client. It would be a conflict of interest to continue with the discussion once the conflict becomes apparent. Our policy is to inform the caller of the conflict, then refer him or her, if possible, to someone who might be able to help.
Michael W. Dunagan is an attorney in Dallas,Texas who has represented the Texas Independent Automobile Dealers Association for 30 years. He has written a number of books and hundreds of articles for trade journals and law reviews. His clientele includes dealers, banks, finance companies, auto auctions and credit unions.
Editor’s Note: This column does not attempt to be a complete explanation of the law discussed.The information presented is not intended to be, and should not be taken as, legal advice. For advice concerning your particular legal situation, please consult an attorney.
The information contained herein is intended solely as a service to TIADA MEMBERS ONLY! Use by any individual or entity not a member of TIADA is expressly prohibited.TIADA reserves the right to pursue all legal remedies available to enforce the abuse of such reproduction or distribution of this information herein.
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