“You help me sleep better at night.”
Mike
Ford Mazda Lincoln Dealer
“Happy to have you as a friend and around for your wisdom and support. Thanks for always rooting for us.”
Brad
Nissan Mitsubishi Dealer
“I appreciate someone on my side. Everyone else is always reaching into my pocket.”
John
Chevrolet GMC Subaru Dealer
“This was a great result. Your help, knowledge, experience, and opinions were very helpful to a successful resolution.”
Melissa
Attorney for a 12-Store Dealership Group
“Big thanks to Tom Kline for sharing his knowledge with us today. It was uncomfortable at times, but it was information we absolutely needed to hear. I thought I understood most of this already, but I wasn’t connecting some critical dots before. This might be the most important podcast we’ve ever done in 16 years.”
Alex
Podcaster
“I appreciate someone on my side. Everyone else is always reaching into my pocket.”
JR
Chevrolet Buick Subaru
“Tom has taught me that this business is not about how much money we make. What is more important is how much we keep.”
RS
Toyota Kia Nissan
“This was a great result. Your help, knowledge, experience, and opinions were very helpful to a successful resolution.”
MK
Attorney
“Big thanks to Tom Kline for sharing his knowledge with us. It was uncomfortable at times, but it was information we absolutely needed to hear. I thought I understood most of this already, but I wasn’t connecting some critical dots before. This may have been the most important podcast we’ve ever done in 16 years.”
AS
Podcaster and Industry Expert
“I have worked with Tom Kline for over 20 years. During that time Tom successfully resolved scores of claims and disputes made by customers in an expeditious and cost efficient manner. Tom’s knowledge of the various aspects of the law and areas that frequently trip-up dealers is impressive. He is relentless in working to resolve disputes before they turn into costly litigation. His experience is unmatched in the areas of dealer risk management and litigation avoidance.”
William C. Bischoff
Attorney, Partner
Bischoff Martingayle, P.C.
“I spent the better part of 50 years in the RV industry and was co-founder of Holiday RV Superstores. I have known Tom for over 30 years and hired Tom as a consultant with great success. I adore him as a critical resource for any dealer in the retail arena for RVs, marine, and automobile.
Why should you hire Tom? We’re living in a consumer-driven society, where litigation is high and compliance is everything. You need to be able to go to one source, who is eminently qualified in the areas of dispute resolution, compliance, and best practices of risk mitigation.
Tom has developed a skill set that is a powerful asset for any dealer. In this time of high litigation, how do you litigate a ten thousand dollar mistake or a million-dollar mistake? You have to start with how policies and procedures are implemented in the store. Do you understand the implications of that at the Service Desk, in the Parts Department, and in the Sales Department?
If you’re going to have a successful dealership, you’re going to need a far more comprehensive role on compliance—department by department. Look at the events that lead to problems in the first place. Tom can bring a level of compliance knowledge that simply doesn’t exist elsewhere today, so he’s a great asset to keep you safe and in business.”
Newt Kindlund
Co-Founder
Holiday RV Superstores, The Industry’s First Publicly-Owned National Dealer Chain
Inductee in the RV Industry Hall of Fame
“Having known Tom for over 25 years, I can state that he is incredibly responsive and very thorough. He grasps the important issues right away and knows how to work toward a resolution of them.
Tom is extremely knowledgeable about motor vehicle dealer law, as well as insurance and liability matters. He has extensive experience analyzing insurance coverage, regulatory compliance, and dealer litigation matters.
Tom is very dedicated to whatever he is engaged with and brings a laser-like focus and intensity to all of his matters. He also has a great sense of humor and a good knack for putting folks at ease.
I have always greatly enjoyed working with Tom, and he brings a full array of skills to every situation and challenge that he faces.”
Robert McFarland
Attorney, Partner
McGuireWoods LLP
Norfolk, Virginia
“I’ve known Tom since 2005, and have worked closely together with him over the years on consumer complaints and consumer law compliance issues.
Tom is very detail-oriented and very pragmatic. He calls on his 30 years of experience with dealerships to understand the facts of the matter and to use them to bring about successful resolutions quickly. The end result is a satisfied customer who feels that they have been heard and treated fairly, and a satisfied dealership owner who can get back to business.
Tom brings a sophisticated and nuanced understanding to the myriad of dealership compliance requirements. Most importantly, he seeks and develops practical compliance strategies that empower the dealership to comply with the law, operate a business, and pursue their business objectives, all at the same time.
The hallmark of Tom’s approach is successfully balancing legal requirements and risks with the need to operate the business, all while achieving both successful legal outcomes and a successful business at the same time.”
Alan Wingfield
Attorney, Partner
Troutman Sanders
Richmond, Virginia
“I’ve known Tom Kline for over 20 years. He is proactive, organized, and a quick study. Tom is an effective person—he doesn’t waste time and he implements the core issues.
In a dispute with the contract, a customer not paying, or in an insolvency situation, Tom will call me. When the file gets to me, Tom has already read through it and has a plan. We discuss it. Tom is a good listener, and if there are other issues to be considered, he will take those into account.
If there are additional issues that come up, Tom is a nimble thinker and can adjust to the situation. Over the years, I’ve been impressed by Tom’s effectiveness in dealing with challenging situations. I feel confident in recommending him.”
Pete Zemanian
Attorney & Founder
Zemanian Law Group
Norfolk, Virginia
Case Studies
Case Study 1: Pornographic Communications with a Customer Settled Lawsuit Quickly for A Reduced Amount and Avoided Press Coverage
Situation: Both the dealership and an employee / sales representative were served with a lawsuit by a married, pregnant female customer.
The customer test drove a vehicle and indicated an interest in purchasing a similar vehicle, but communicated a challenge with the required down payment. The sales rep asked the customer if she wanted to reduce the down payment and then followed with:
- A text photo of an erect penis (not his penis)
- A text request of what color and type of panties she was wearing
- A text offer to help her with the down payment in exchange for sexual favors.
As direct results of the picture and texts, the customer/ plaintiff claimed that she suffered severe emotional distress, miscarried her baby and was unable to perform her job. She filed a lawsuit for $1,000,000 against the dealership, plus $350,000 in punitive damages. The customer had already gone to a local news outlet, with a video interview.
Strategy: Tom’s strategy was to do extensive research and get to the bottom of the actual facts of the case, then to use the facts to persuade the plaintiff and legal teams to settle the case.
The sales representative sent these texts outside of normal working hours and not while he was on site at the dealership and under the dealership’s direct supervision.
Tom leveraged the idea that no legitimate doctor would testify that a woman who has given birth to three (3) children would spontaneously miscarry from seeing a picture of a penis.
Tom hired an investigator to interview the plaintiff’s ex–husband, who was serving time in prison for drug dealing. The interview was perceived as a disadvantage by the plaintiff and her lawyer.
There were no medical records of a miscarriage. After the alleged miscarriage, Tom discovered that the plaintiff promptly became pregnant again and registered at Babies R Us.
Solution: Tom investigated, prepared a comprehensive presentation and shared it with both legal teams. He talked with the press and convinced them with the facts not to include the dealership in the story.
Results: The case was settled quickly for mid five figures. The story aired on local news, with no mention of the dealership. Tom was able to find insurance coverage and worked in conjunction with the insurance company to cover all of the settlement monies and defense costs.
Case Study 2: Customer Complaint and Lawsuit on “Yo-Yo Sale”
Lawsuit Settled Quickly for A Reduced Amount
Situation: The dealership was accused of a “Yo–Yo Sale” and served with a lawsuit by a disgruntled customer. The customer, who had a low Beacon Score, drove two hours to the dealership with. $4,000 cash. He later claimed not to have noticed the cash price on two sets of buyer’s orders and RISCs. The customer also claimed that he thought financing was complete when he drove off the lot, despite documents that indicated otherwise.
Strategy: Tom’s strategy was to do extensive research and get to the bottom of the actual facts, then to use the facts to persuade the plaintiff and legal teams to settle the case.
Tom’s research showed that the customer was turned down by five (5) finance companies and the application was submitted to nine (9) additional financial companies. Yet the customer claims to have received no FCRA notices.
According to Tom’s research, the customer received and signed an extensive list of documents to complete his application. Seventeen (17) letters (including the required UCC notice) were sent, which the customer claims he did not receive. The dealership offered a better deal, but the customer declined it.
Solution: Tom walked into the meeting with the plaintiff’s lawyer and handed him a book about climbing Mount Everest by Jon Krakauer titled “Into Thin Air.” The message was clear: “You have no case–it’s evaporated into thin air.”
Using the facts of his research, Tom demonstrated that the case was poor and had little to no foundation. He systematically picked apart the assertions of the lawsuit, backed up by the facts.
Results: The dealership offered a settlement that included plaintiff legal fees. Typically, a “Yo–Yo Sale” lawsuit costs a dealership $250,000+. The settlement was reached quickly in the mid five figures. Tom found insurance coverage and worked in conjunction with the insurance company to cover all of the settlement monies and defense costs.
Case Study 3: Employee Complaint on Racial Harassment Claim EEOC Complaint Settled at First Meeting
Situation: A disgruntled African–American employee went to the EEOC with allegations that a
racial epithet was made about him which was addressed to co–workers and that a file folder was thrown at him.
Strategy: Tom’s strategy was to do extensive research and get to the bottom of the actual facts, then to use the facts to persuade the plaintiff to settle the case.
Tom’s research uncovered that:
- The employee, nor anyone else complained of comments or behavior
- No one heard the alleged comment or witnessed the behavior
- The employee never directly heard any comments
Tom’s additional research uncovered that:
- The employee was suspended from new car sales due to lack of performance
- Customer surveys reflected high customer dissatisfaction
- The OEM rated the employee as “RED” (which is very poor)
- Two additional supervisors verbally warned him
- The employee pleaded to be reinstated after termination
Solution: Tom created a 100+ page presentation binder with his research and presented it to the mediator and the plaintiff. The employee had been with the dealership for eight (8) years, and policies signed by the employee were presented. After the employee was terminated, the dealership sued and obtained a judgment for monies owed by the plaintiff. Subsequently, he filed the EEOC complaint, which Tom presented to the mediator to demonstrate the plaintiff’s motivation.
Results: The issue was settled at the first meeting through the EEOC mediation program in the mid four figures. Tom worked with the insurance company to cover all of the settlement monies and defense costs.
Letters of Recommendation
Leonard Bennett
Attorney
Consumer Litigation Associates, P.C.
I am writing to unconditionally recommend Tom Kline for a position on the Consumer Advisory Board. I have known Mr. Kline professionally for 15 years. Tom is a fantastic combination of knowledge, humility, reason and compassion… (Read more)
Frank McCormick
Field Representative Supervisor (Retired)
Virginia Motor Vehicle Dealer Board
I have known Mr. Kline for at least 9 years, and have dealt with him on a regular basis. I can unequivocally recommend Mr. Kline as a business person with the temperament, interest and background to provide valuable insights on consumer protection issues and representation of views… (Read more)
Karl R. Herbst
Regional Sales Manager
DaimlerChrysler Insurance Company
Our experience with your organization has proven to be a well managed operation and found your Senior Management group to be extremely proactive in the important areas of loss prevention and claims management… (Read more)
Here’s The Bottom Line:
We Get You Out of Trouble…
and Keep You Out of Trouble.SM
51 Timber Camp Drive
RR 1, Box 608
Roseland, Virginia 22967
757.434.7656
email: tomk@bettervantagepoint.com