NADA Fair Credit Guidance Disclaimer

Please read and agree to the disclaimer below. Then you will be taken to a page where you can log in and download the editable version of NADA’s Fair Credit Compliance Program (MS Word .doc format) that you can use for your dealership.

It is essential that dealers read the caveats and disclaimers contained within these documents and consult with their counsel when making decisions related to fair credit compliance.


DISCLAIMER

By requesting and accepting an electronic copy of portions of the National Automobile Dealers Association (NADA) Publication "NADA Fair Credit Compliance Policy & Program" including, but not limited to, the sample program template, its appendices, and any of its sample language (collectively, the “Fair Credit Guidance”), the NADA member agrees that:

NADA owns all intellectual property rights, including, without limitation, rights under copyright laws in and to the Fair Credit Guidance.  By providing an electronic version of portions of the Fair Credit Guidance to its members upon request, NADA grants to that member a limited, non-exclusive, non-transferable, royalty-free license to reproduce and use the Fair Credit Guidance for its internal purposes only.

NADA members shall have the opportunity to obtain electronic versions of portions of the Fair Credit Guidance solely for their own internal, non-commercial use, subject to any additional terms or restrictions which may be provided with the individual file or program.  Commercial publication, exploitation, or use of the Fair Credit Guidance is specifically prohibited.  The Fair Credit Guidance may NOT be reproduced on any web pages (personal, commercial, or educational) or incorporated into commercial images, products, guides, programs, presentations, or other materials.

NADA members receiving the Fair Credit Guidance may not distribute or provide the Fair Credit Guidance, or copies thereof, to any person or entity other than its own employees. However, nothing herein shall be construed as precluding the NADA member from providing the Fair Credit Guidance or copies thereof to (1) its legal counsel for use in the course of providing legal advice or representation to that member, or (2) to third parties where required by court order, subpoena, or other legal or regulatory process.

NADA has prepared these guidance materials to assist its dealer members in meeting their obligations under federal fair credit laws. The presentation of this information is not intended to encourage concerted action among competitors or any other action on the part of dealers that would in any manner fix or stabilize the price or any element of the price of any good or service.

NADA provides the Fair Credit Guidance for educational purposes only and NOTHING IN THE FAIR CREDIT GUIDANCE IS INTENDED TO BE LEGAL ADVICE.  The electronically provided portions of the Fair Credit Guidance should be used only as a guide – dealers should consult with their counsel in deciding whether to adopt such a program, or whether to amend or edit the program accordingly.  The requirements of the fair credit laws and rules are complex and the circumstances of each dealership are varied.  In addition, the Fair Credit Guidance does not discuss all aspects of the federal Equal Credit Opportunity Act. It also does not discuss state or local law that may impose additional requirements, or other legal requires that may be implicated by the subject matter. It is essential that any written fair credit program that the dealer adopts is appropriate to its business and reviewed by qualified legal counsel.  It is up to each NADA Member to decide whether to adopt a fair credit program, and if adopted, the NADA Member is solely responsible for the contents of that program.  NADA is not responsible for any amendments, edits, or changes to the Fair Credit Guidance.

Adoption of the Fair Credit Guidance’s sample program template, or any portion of it, has not been recognized by any federal agency as satisfying the requirements of the federal Equal Credit Opportunity Act or any other law.  The Fair Credit Guidance is provided "as is" with no warranties of any kind.  NADA does not warrant or guarantee the accuracy, completeness, availability, merchantability, fitness for a particular purpose, or noninfringement of the content of the Fair Credit Guidance and disclaims responsibility for any damages arising out of its use.

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