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James S. Ganther, Esq.James S. Ganther, Esq.
President
Mosaic Compliance Services
Mosaic Compliance Services
Digital ComplianceDigital Compliance
What is it?
Any compliance solution or tool that is:
•Web-based; or
•Computer-based; and
•Automated
•Efficient
•Effective
Digital ComplianceDigital Compliance
Why do you care?
Research shows that:
1.Dealers are cheap.
2.Dealers expect compliance solutions from their vendors.
Digital ComplianceDigital Compliance
Digital Compliance Topics:
•Environmental, Heath & Safety
•Human Resources
•OFAC
•Safeguards Rule
•Red Flags Rule
Digital ComplianceDigital Compliance
But wait, there’s more:
•F&I Menu
•Dodd-Frank/Adverse Action Notices
•Compliance Training
•Product Training
•Audit and Review
Digital ComplianceDigital Compliance
A few thoughts:
•If you don’t document it, it didn’t happen.
•Learning Management System (“LMS”)– Tracks usage
– Generates reports
– Archives results
Familiar Compliance Hot SpotsFamiliar Compliance Hot Spots
Environmental, Health & SafetyEnvironmental, Health & Safety
In a nutshell, Dealers need to obey:
•OSHA
•DOT
•EPA
•State agencies
•The local press corps
Environmental, Health & SafetyEnvironmental, Health & Safety
Human ResourcesHuman Resources
In a nutshell, Dealers need to:
•Hire employees
•Discipline employees
•Fire employees
•Not get sued
Human ResourcesHuman Resources
OFACOFAC
In a nutshell, Dealers must:
•Confirm that their customers are not on the list of Specially Designated Nationals (the “Bad Guys List”)
•Don’t close Gaddafi!
OFACOFAC
OFACOFAC
Safeguards RuleSafeguards Rule
In a nutshell, Dealers must have:
•A Compliance Officer
•Information Security Policy
•Physical, Electronic, and Procedural Safeguards to protect consumers’ Nonpublic Personal Information (NPI)
Safeguards RuleSafeguards Rule
Electronic Document Management
• Incorporate all your deal documents into our online compliance solution
• Quickly and easily retrieve documents at the touch of a button
• No more misfiled deal jackets or lost documents
• Stay compliant with the Safeguards Rule
Keep your customers’ personal information secure.
© DealerTrack, Inc. All Rights Reserved
Red Flags RuleRed Flags Rule
In a nutshell, Dealers need:
1.Policy
2.Training
3.Detect
4.Prevent
5.Mitigate
6.Oversee
7.Ensure
Red Flags RuleRed Flags Rule
Risk Level & Status SegmentRisk Level & Status Segment
OFAC, ID Match & Red Flag AlertsOFAC, ID Match & Red Flag Alerts
ID Match Application vs. Credit Bureau
ID Match Application vs. Credit Bureau
Manual Review Process:Manual Review Process:
“Out of wallet” Authentication:“Out of wallet” Authentication:
In a nutshell, Dealers must present products:
•Consistently
•Accurately
•Uniformly
•Legally
•Effectively
F&I Menu
F&I Menu
F&I Menu
Dodd-FrankDodd-Frank
In a nutshell, Dealers need to:
•Provide adverse action notices that– Disclose numeric score
– Give range of scores
– Decision factors
– Date of score
– Entity that created the score
– Person at the dealership to blame
Customer ABC123 America StreetAnytown, USA
Customer ABC
Dodd-Frank
Compliance TrainingCompliance Training
In a nutshell, Dealers need to:
•Expect their non-lawyer employees to consistently obey laws they do not know exist.
•Yeah, good luck with that.
Compliance TrainingCompliance Training
Product TrainingProduct Training
In a nutshell, Dealers need to:
•Expect their employees to always tell the truth.
•Expect their employees to consistently describe the features, benefits, limitations and exclusions of every product they sell.
Product TrainingProduct Training
Audit & ReviewAudit & Review
Audit & ReviewAudit & Review
If Dealers Don’t ComplyIf Dealers Don’t Comply
ConclusionConclusion
1. Simple, Effective, Affordable digital compliance tools are available.
2. Dealers expect vendors to cover their subject.
3. No one vendor covers everything.
4. Dealers need a checklist to make sure all the bases are covered.
ConclusionConclusion
For a copy of a Compliance Checklist:
