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California State Bill AB-2107

DrewAment

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Apr 30, 2009
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Has anyone seen or looked at the state bill running through CA right now? It is AB2107, and is sponsored by the CNCDA (California New Car Dealers Association)... looks to have full bi-partisan support - and will most likely be law come Jan 1.

Full breakdown here -- Fact Sheet

The thing that caught my eye....

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Any comments or thoughts? CA Dealers... would love to hear what you think.
 
It is AB2107, and is sponsored by the CNCDA (California New Car Dealers Association)... looks to have full bi-partisan support - and will most likely be law come Jan 1.
It's a start, hopefully they meant without manufacturer approval.

The big issue is co-op ad funds reimbursement, if a dealer doesn't use an approved vendor they would get only 50% or in some cases nothing, or the OEM makes the co-op process an extreme hassle to process without using an approved vendor. That's inescapable for most dealers, they rely heavily on those co-op ad funds.
 
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Here is the exact wording...so in essence the manufacturer can not dictate who the dealer can use for digital services

11713.13.
It is unlawful and a violation of this code for any manufacturer, manufacturer branch, distributor, or distributor branch licensed under this code to do, directly or indirectly through an affiliate, any of the following:

(h) Restrict the ability of a dealer to select a vendor of the dealer’s choice for digital services with approval by the manufacturer, manufacturer branch, distributor, distributor branch, or affiliate. For purposes of this subdivision, digital services includes, but is not limited to, Web site and data management services.
 
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✨ AI Highlights

California State Bill AB-2107, sponsored by the California New Car Dealers Association with bipartisan support, aims to prevent manufacturers from dictating which digital service vendors dealers must use, though the bill's wording requires OEM "approval" of dealer choices—creating apparent contradiction about whether manufacturers retain de facto control. The main concern raised by dealers is whether the bill will actually protect them from OEM retaliation through co-op advertising fund reimbursement denial and other pressure tactics, which currently force many dealers to use approved vendors despite financial hardship.

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