NADC Membership Pledge
All members of the NADC are committed to the responsibilities, values, and expected behaviors outlined below.
I certify that I represent the interests of Dealers.
- I do not represent, and agree that I will not undertake to represent in the future, the interests of consumers in lemon law claims or lawsuits, in other claims or lawsuits against Dealers arising from consumer transactions. I agree that I will not represent the interests of Manufacturers, Affiliated Lenders in Opposing Representation against Dealers, or the interests of Employees against a Dealer.
- It is possible that from time to time a law firm with which I am or may be associated with may represent a manufacturer in the defense of a consumer or product liability claims. I acknowledge that, in the defense of such claims between the manufacturer and a consumer, other members of the law firm with which I am or may be associated may be called upon to assert claims against dealers in defense of the manufacturer clients on such claims. I agree that I shall disclose to the NADC whether any other members of the law firm(s) that I am associated with are engaged in the defense of claims on behalf of the manufacturers, and agree that, to the extent applicable, I shall inform each such member engaged in defense of such claims of my NADC membership and obtain their acknowledgment that they shall not, under any circumstances whatsoever, attend or participate in any NADC meetings or workshops, access any portion of the NADC website and/or the NADC list-serve, review any publications of NADC including, but not limited to, the Defender, or any printed or computer generated materials utilized in connection with any and all membership presentations or seminars held at any membership meetings or workshop meetings of the NADC. I acknowledge and agree that it will be considered a breach of our commitment to NADC members if we communicate NADC information to any of our manufacturer clients or otherwise use such information against Dealers.
- I understand that my membership is subject to termination in the event I engage in such consumer, Employee, Affiliated Lender or manufacturer representation in the future. (Not applicable to Trade Association Executive Members.)
Dealer(s) – Excluding a Manufacturer or Affiliated Lender, a business entity or natural person engaged in the retail selling of new and used motor vehicles, motorcycles, boats, recreational vehicles, and travel trailers.
Opposing Representation – Legal representation of a natural person or business entity (other than a Dealer or Lender) in a claim, negotiation, mediation, arbitration, lawsuit, or other legal action or proceeding which a Dealer is an adverse party to such claim, negotiation, mediation, arbitration, lawsuit, or other legal action or proceeding.
Manufacturer - Any person or business entity who manufactures or assembles, including, but not limited to, new motor vehicles, motorcycles, boats, recreational vehicles, and travel trailers; and their component parts, and any distributor, factory branch or representative. Also, any business entity which is owned or controlled, actively or beneficially, by a manufacturer, and engaged in the sale of new or used motor vehicles, motorcycles, boats, recreational vehicles, and travel trailers shall be considered a Manufacturer.
Vendor – A business entity or natural person engaged in selling services and/or products to Dealers but not a Manufacturer, Dealer, Lender or Affiliated Lender.
Employee – An employee is a person who is employed by a dealership, but does not have any ownership interest in the dealership.
Affiliated Lender – A Lender that is owned, in full or in part, or controlled by a Manufacturer.