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Dealers mobilize to protect their margins from automaker subscription services

Six individual auto brands — Lincoln, Cadillac, Porsche, Mercedes, BMW and Volvo — have established or are trialing a vehicle subscription service in the U.S. Three third-party companies — Flexdrive, Clutch and Carma — run brand-agnostic subscription services. And three automakers — Mercedes-Benz, BMW, and General Motors — have also launched short-term rental services. Dealers, afraid of how these trends might affect their margins, are building political and lawmaking campaigns to protect their revenue streams. So far, three states are investigating automaker subscriptions, and Indiana has banned any such service until next year. It's certain that those three states are the first fronts in a long political and legal battle. Powerful dealer franchise laws mandate the existence of dealers and restrict how automakers are allowed to interact with customers to sell a vehicle. On top of that, Bob Reisner, CEO of Nassau Business Funding & Services, said, "Dealers and their associations are among the strongest political operators in many states. They as a group are difficult for state politicians to vote against." In California earlier this year, the state Assembly debated a bill with wide-ranging provisions to protect against what the California New Car Dealers Association called "inappropriate treatment of dealers by manufacturers." One of those provisions stipulated that subscription services need to go through dealers, but that item got stripped out when dealers and manufacturers agreed to discuss the matter further. In Indiana, Gov. Eric Holcomb signed a moratorium on all subscription programs by dealers or manufacturers until May 1, 2019, to give legislators more time to investigate. Dealers in New Jersey have taken their campaign to the state capitol, asking that the cars in subscription programs get a different classification for registration purposes. Automakers run the current subscription services and own the vehicles. Sign-ups and financial transactions happen online or through apps, leaving dealers to do little more than act as fulfillment centers to various degrees, with little legal recourse as to compensation amounts when they're called on to deliver or service a car. That's a bad base to build on for business owners who've sunk millions of dollars into their operations.

BMW slapped with discrimination suit by EEOC

According to a report from CNNMoney, BMW has been hit with a lawsuit from the US Equal Employment Opportunity Commission after revised criminal background check policies resulted in the dismissal of 88 contractors, 70 of whom (that's about 80 percent) were black. A total of 645 contractors were required to submit to background checks at BMW's facility in Spartanburg, South Carolina after BMW switched contract companies at its plant.
Though the 88 persons who were not rehired by the new contractor all had criminal records, that may not necessarily be a legal way to screen applicants, as the EEOC counters: "BMW's policy has no time limit with regard to convictions. The policy is a blanket exclusion without any individualized assessment of the nature and gravity of the crimes, the ages of the convictions, or the nature of the claimants' respective positions."
BMW's actions were in violation of the Civic Rights Act of 1964, according to the EEOC, because they utilized "a criminal conviction policy that disproportionately screened out African-Americans." A recent bulletin offering guidance from the EEOC on the Civil Rights Act can be found here, but the EEOC's stance on the issue has been the same for years: "Since issuing its first written policy guidance in the 1980s regarding the use of arrest and conviction records in employment decisions, the EEOC has advised employers that under certain circumstances, their use of that information to deny employment opportunities could be at odds with Title VII."

BMW's Mini plant closes for 4 weeks for the Brexit that didn't happen

LONDON — BMW's Mini plant in Britain is closing for four weeks starting Monday in a move planned over a half year ago to help the company deal with any disruption resulting from Brexit, which has since been delayed. The German carmaker, which builds just over 15 percent of Britain's 1.5 million cars, moved its annual summertime shutdown to April to "minimize the risk of any possible short-term parts-supply disruption in the event of a no-deal Brexit." But Britain's departure from the EU has now been pushed back from March 29 until at least April 12 or potentially much later, scuppering the timing of major contingency plans for some carmakers. Shutdowns are organized far in advance so employee holidays can be scheduled and suppliers can adjust volumes, making them hard to move. "This is what our company and our workforce have planned for over many months, and it is fixed into our business planning," said a BMW spokesman. It represents the latest headache for Britain's once roaring car sector which had been on track for record production but since 2017 has posted sharp falls in sales, output and investment. The overwhelmingly foreign-owned industry has become increasingly incredulous as a stable and attractive investment environment descends into one of its deepest political crises, risking the free and frictionless trade the sector relies on. BMW's Rolls-Royce factory in Goodwood will close for two weeks whilst Jaguar Land Rover's (JLR) three car plants and engine facility and Honda's Swindon facility will also shut for a few days this month as part of Brexit contingencies. It has been a turbulent few months for the sector after Nissan canceled plans to build a new sport utility vehicle at its English Sunderland plant and Honda said it would shutter its plant in 2021 in the biggest blow to the sector for years. Toyota provided a rare boost when it announced plans to build cars for Suzuki at its English car plant. BMW, which is also closing its central English Hams Hall engine facility and Swindon press shop and sub-assembly site for four weeks, has said it could move some engine and Mini output out of Britain if there is not an orderly Brexit. Carmakers face a number of risks if there is a disorderly Brexit, including delays to the supply of ports and finished models, new customs bureaucracy, the need to recertify models and an up to 10 percent tariff on finished vehicles.