The Agent as an Accomplice
A how-to guide on training auto dealers to not be felons.

Agents must know their roles and duties, especially now that regulators are targeting voluntary protection products.
Pexels/Lara Jameson
People engage in all forms of commerce without ever realizing that their required duties entail serious legal risks and demands. The mere fact that one doesn’t have to be licensed by the state doesn’t mitigate the demands placed upon the practitioner. The old adage, “Ignorance of the law is no defense,” is quite apt for those engaged in selling voluntary protection products. People who sell these products are indeed agents, which is a legal term with a specific meaning. Agents need to know their roles and duties. This need is especially acute in an era when voluntary products are being targeted by governmental agencies for, in some cases, allegedly being “junk” or “junk fees” and used as a way to illegally discriminate. As a corollary, agents may become personally liable in multitudinous ways.
The Legal Basics
Agent
An agent is a person authorized to act on behalf of another person. The party for whom he or she is authorized to act is known as the principal.
Principal
A principal refers to someone who authorizes another to act in her place: the agent. This relationship gives rise to fiduciary duties in the principal-agent relationship.
In criminal law, principal refers to a person who commits a crime.
Accomplice Liability
An accomplice is one who intentionally and voluntarily participates with another, such as the principal, in a crime by aiding, counseling, commanding or encouraging the other person in the commission of the crime.
In other words, if someone is in the business of selling voluntary protection products, he has a duty to the product provider (principal) and the dealer. He must be honorable in his presentations.
VPPs Under Attack
Voluntary protection products have become a cause celebre, as they have been characterized, in some instances, as “junk fees” and a means of discrimination.
President Joe Biden and the Consumer Financial Protection Bureau have alleged that products sold with opaque fees give rise to the application of the term junk fees. In addition, a product is junk if it doesn’t materially offer commensurate value.
Consumer advocates thunder that the CFPB needs to protect consumers from these insidious voluntary protecti/on products as they castigate them as junk fees. The Consumer Federation of America issued a press release charging that such products are junk and lead to discrimination:
“Junk fees can also lead to discriminatory practices involving car financing, with profits padded by expensive add-on products, such as service contracts, Guaranteed Asset Protection (GAP) insurance, and window etching.”
It should be noted that the Federal Trade Commission has long required that sellers must have prior substantiation of a product’s claims, both express and implied. Voluntary protection products, once again, must provide value, and their performance must closely match their marketing contentions.
Recent Cases
There have been a number of recent cases regarding these issues, with millions of dollars being paid by the defendants. In particular, not only have the principals (e.g., dealer corporations, captive finance company) been sued, but employees of these organizations (e.g., general and sales managers) have also been held liable. Voluntary protection product agents beware.
Recommendations
Here is a list of recommendations all agents should heed:
Understand the agent’s role, responsibilities and duties.
Do not advocate or educate dealers regarding illicit practices.
Maintain all licensing.
Do not sell voluntary products that do not have value or whose marketing claims are excessive.
Study the agency contract and relevant laws.
Advocate that every dealer adopt the NADA program “Voluntary Protection Products: A Model Dealership Policy.”
Alert management regarding nefarious dealer practices.
Screen third-party vendors and inquire about their legal protocols.
Finally, as all attorneys advise, govern yourselves accordingly.
Terry O’Loughlin is director of compliance for Reynolds and Reynolds and is admitted to the Pennsylvania and Florida bars. Before joining Reynolds, he was employed by the Florida Office of the Attorney General, where he investigated automobile dealers and financing sources. He previously was a public accountant.
More Industry

Pennsylvania Dealership Under New Retailers
The sale of the Chrysler Dodge Jeep Ram store puts a family auto group on a leaner path as first-time dealers take the helm.
Read More →
Battery Storage Takes Priority Over EVs
U.S. automakers are prioritizing battery energy stationary storage over electric-vehicle production as the consumer demand for EVs lags the rest of the world.
Read More →
Auto Dealers Feel Better But Not Great
A second-quarter Cox Automotive poll of franchised retailers and independents found better views of the current market after a good spring but anticipation of third-quarter storminess.
Read More →
New-Vehicle Sales Picture Relative
A May forecast is complicated by last spring’s trade tariff effects on auto retail. Despite continued hard realities, many consumers took advantage of ways to bite the bullet.
Read More →
Auto Group Acquires Third Nissan Rooftop
Iowa-based Coleman Automotive Group recently acquired its seventh dealership, McGrath Nissan, which it renamed Nissan of Elgin.
Read More →
April Less Affordable
Based on prices, reduced incentives and slower household income growth, consumers found it more challenging to buy new last month, Cox Automotive reported.
Read More →
Building an Extraordinary F&I Agency
Work to determine your specialized talent, because that fact will determine everything about your agency’s future.
Read More →
Recipe for Compliance
The secret to both amazing barbecue and compliance is the same: understanding the basics and committing to a process.
Read More →
EVs Getting More Attractive
A growing percentage of U.S. consumers are open to switching and fewer are adverse to the idea, according to a recently completed survey. That’s despite the end of a tax break.
Read More →
EV Sales Drop in April Following Surge
North American electric-vehicle sales were down 28% year-over-year, a sharp contrast from global EV sales growth of 6%.
Read More →