adr and dealerships: the first line of defense dennis p. ziemba, esquire eckert seamans cherin &...

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ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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Page 1: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

ADR and Dealerships: The First Line of DefenseADR and Dealerships:

The First Line of Defense

Dennis P. Ziemba, EsquireEckert Seamans Cherin & Mellott,

LLC

Page 2: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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Alternative Dispute ResolutionAlternative Dispute Resolution

BBB Auto Line uses arbitration

Page 3: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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BBB Auto Line ArbitrationBBB Auto Line Arbitration

Informal process Consumer has the option to

accept or reject decision Consumer and manufacturer

present their evidence to neutral third party

Page 4: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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BBB Auto Line ArbitrationBBB Auto Line Arbitration

Consumer and manufacturer present their evidence to neutral third partyTestimony

“He said; she said”Documents

Most important: repair history

Page 5: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What are they being told?What are they being told?

Document your caseObtain copies of warranty repair

ordersKeep contemporaneous notes

Who you talk to, what is said, etc.Your observations of vehicle’s

performancePut complaints in writing

Page 6: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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How do dealers fit in?How do dealers fit in? Dealer is manufacturer’s “agent”

for service. Dealer has direct contact with

customer. Dealer is primary party involved

in diagnosing complaints. Dealer is primary party involved

in making repairs.

Page 7: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

What dealers do right does matter!

Page 8: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

What dealers do right does matter!

Keep in touchWork with the manufacturer with

problem customersAdvise the manufacturer of repeat

repair issues

Page 9: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

What dealers do right does matter!

Keep in touch Customer contact

Be courteous

Page 10: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

What dealers do right does matter!

Keep in touch Customer contact

Be courteousWatch the commentary

Page 11: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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Page 12: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

What dealers do right does matter!

Keep in touch Customer contact Use the 3 “Cs”

Page 13: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

Use the 3 “Cs”Concern

Listen to what customers are sayingAsk questionsDocument it

Page 14: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help? Use the 3 “Cs”

ConcernCause

Use Standard Operating ProceduresFollow Service ManualsLook for TSBs and campaignsUse available resources (on-line

services; field representatives, etc.) Document it

Page 15: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help? Use the 3 “Cs”

ConcernCauseCorrection

Avoid making same repairs twice by investigating prior repair history

Make repairs properlyTest to confirm repairedDocument it

Page 16: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

What dealers do right does matter! Keep in touch Customer contact Use the 3 “Cs” Documentation

Write it all upConcern, cause, correction

Page 17: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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What can dealers do to help?What can dealers do to help?

What dealers do right does matter! Keep in touch Customer contact Documentation

Write it all upWrite it up rightWatch what dealers write

Page 18: ADR and Dealerships: The First Line of Defense Dennis P. Ziemba, Esquire Eckert Seamans Cherin & Mellott, LLC

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