Episode Description:

In this episode of Tim Talks, we dive deep into the complexities of privacy laws impacting the automotive industry with our special guests, privacy attorney Nicole Newman from L2 Partners, and senior attorney Joshua Talcovitz from Kurkin, Forehand, and Brandes. Learn about the challenges dealerships face regarding outdated privacy laws, such as the Florida Security and Communication Act, and how these laws are being leveraged in lawsuits that could affect your dealership. Nicole and Joshua provide invaluable insights on how to protect your dealership from these legal pitfalls and proactive measures you can take to stay compliant.

Guests and Contact Information:

• Connect with Joshua Talcovitz on Linkedin and contact at [email protected]
• Contact Nicole Newman at [email protected] 

Show Notes:

[00:00] Introduction: Tim Cox introduces the focus of the episode – the importance of leadership in the automotive industry and the growing concern over compliance with privacy laws.

[00:17] Industry Challenges: Tim Cox highlights the need for the automotive industry to stay compliant with laws like GLBA and TCPA, with a focus on protecting dealerships.

[01:19] Guest Introduction: Tim Cox introduces privacy attorney Nicole Newman and senior attorney Joshua Talcovitz.

[02:07] The Florida Security of Communications Act: Nicole Newman and Joshua Talcovitz discuss the law being used to file lawsuits against dealerships for their chat features.

[03:13] Understanding Consent: Nicole Newman explains the lawsuits stemming from improper consent in dealership online chats and how CarNow is helping dealers protect themselves.

[05:14] Wiretap Law Application: Joshua Talcovitz expands on the outdated wiretap laws and how they are misapplied to modern chat features on dealership websites.

[07:49] Who’s Behind the Lawsuits: Joshua Talcovitz reveals how digital privacy advocates, or individuals looking to profit from lawsuits, are targeting dealerships.

[10:18] Court Cases & Outcomes: Joshua Talcovitz details the legal landscape, including small claims courts, and the potential for these cases to escalate to class-action lawsuits.

[14:53] How Dealerships Can Protect Themselves: Nicole Newman and Joshua Talcovitz share proactive steps dealerships can take, such as adding cookie banners and updating privacy policies.

[18:09] Two-Party Consent States: Nicole Newman lists states with two-party consent laws and why dealerships must be extra vigilant in those areas.

[20:12] Practical Solutions: Tim and his guests discuss practical steps dealerships can take to avoid lawsuits, including working closely with their web providers.

[24:07] Final Thoughts: Joshua Talcovitz and Nicole Newman encourage dealerships to fight these lawsuits rather than settle, in order to prevent a flood of future legal actions.

[27:00] Call to Action: Tim Cox wraps up with a call for dealerships to be proactive, protect themselves, and reach out to CarNow or legal experts for guidance.