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A COMPLIANCE QUIZ FOR 2021




                                                 BY CHARAPP & WEISS, LLP



































        This quiz tests your knowledge on the sta-  True or False? Under the Truth in   True or False? We want to run credit
        tus  of some critical  compliance issues  for   Lending Act, if we advertise a low   bureau reports on employment can-
        your dealership.                     4 APR, we must also disclose the  9 didates to make sure they don’t have
                                             amount or percentage of the down pay-  credit problems. Our employment appli-
            True or False? Arbitration agreements  ment, and the terms of repayment.  cation contains an authorization to run a
            are regularly challenged by plaintiffs’                               credit report on an employment applicant,
       1attorneys. But there are substantial     True or False? We have some especial-  but we cannot do so based simply on the
        benefits to arbitration – reduced time to   ly low lease rates. Even though those  signature on an employment application.
                                                  r
                                                 a
        a decision, removal of the possibility of a  5 e like the annual percentage rate, we
        runaway jury, limited discovery, to name a  cannot advertise those as low APR leases.  Choose the Correct Answer.
        few. We can still use arbitration agreements                                      What should be covered in a
                                                                                          s
        for transactions with customers and for   True or False? We spot delivered a ve- 10 lesperson’s pay plan?
                                                                                          a
        employees.                               hicle to a difficult customer for whom  A. The length of the salesperson’s employ-
                                             6 e cannot find a finance source to ap-  ment
                                                 w
            True or False? We stopped using the  prove assignment of the RISC. The custom-  B. The specific definition of vehicle cost
            NADA Fair Lending program when  er is finally agreeing to return the vehicle.  C. All pay calculations are final
            C
        2 ongress stopped the CFPB assault on  Because of the extra work we had to do, we  D. None of the above
        dealer reserve. We still train our sales and  wish to keep the downpayment. We may do  E. All of the above
        F&I employees that finance rates should be  so if we can justify our expenses.
        provided to customers on a nondiscrimina-                                         True or False? An employee filed
        tory basis. Our fair lending training should   True or False? We spot delivered a car,   a claim of harassment. We didn’t
                                                                                          v
        protect us from lawsuits.                and we cannot find a finance source to 11 iolate federal law by harassing
                                             7 accept the RISC. We also cannot find  the employee in the first place, so we can’t
            True or False? When we advertise an  the customer or the car to repossess it de-  be found liable for taking action against the
            attractive APR, we must disclose any  spite diligent efforts to locate them. We can  employee for filing a complaint.
        3 alifiers such as the limit on the  report the vehicle as stolen.
            q
             u
        duration of the financing, and we must                                            True or False? Salespeople are
        disclose  the  amount  or percentage  of the   True or False? An employee handbook   paid on commission. They don’t
        downpayment and the terms of repayment.  is dangerous because it lets employees 12 ve to punch the time clock.
                                                                                           a
                                                                                          h
                                                 k
                                             8 ow what their rights are.          Continued on next page
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        6  |  THE VIRGINIA INDEPENDENT NEWS | Q1 2021
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