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Compliance: Can You Be Harassed By A CRM?

February 4, 2015 By Arnold Tijerina

 

UnlikeFor the past 2 years, one of the items on my daily to-do list has been grading Internet leads for DealerKnows Consulting. This process involves assisting DealerKnows in monitoring the progress of their clients through monitoring the ISM’s lead handling within the CRM. This provides valuable insight into what exactly is happening with leads (i.e. is the store following the process installed through DealerKnows and, if not, what exactly is happening) and indicating where additional training is needed.

In one particular client ‘s CRM, I started noticing one of the employees tasked with responding to, and communicating with, Internet leads inputting questionable notes into the CRM. Keep in mind; he was not doing anything inappropriate in his communication with the customer but, at times, expressing his frustration and/or opinions of customers through notes in the CRM.

Notes like:

  1. F$@k this bitch!
  2. Screw this mooch!
  3. What a stroke!
  4. I hope this customer gets fired for being an a$$hole!

Now, I was in retail a long time. I understand his frustration. That being said, I mentioned to him and his manager that he shouldn’t be using derogatory terms in the CRM. First, this particular store works as a team (ie. the leads aren’t solely one person’s responsibility). Whoever is working when a call or email needs to be made handles it. In the past, this team was a bunch of guys. Recently, a female was added. I mentioned it again within the context of the fact that the notes bring negativity into the lead for the next person who looks at it. In addition, it could offend someone else looking at the lead within the CRM. Even a female member of DealerKnows chimed in that the notes offended her.

The real question, however, is not one of appropriateness but rather one of compliance and liability. I was curious as to whether there could be harassment or employment issues. In that spirit, I decided to contact an expert in automotive dealer compliance. I contacted the founder of Dealer Compliance Consultants, Jim Radogna, a longtime auto guy with over 15 years experience in just about every dealership management position, over 6 years experience in assisting dealerships with compliance as well as an avid writer and frequent speaker in the automotive industry.

His answer was simple:

“It doesn’t matter where offensive material resides. It can be comments in a CRM that others can view – on a computer screen, mobile device or hanging on a wall – if anyone sees it and is offended by it, it can create a hostile work environment and put the dealership at risk.

People often have such different perspectives on behaviors that it is easy to offend someone through ill-considered attempts at humor, teasing or sarcasm. Remember that only the impact, and not the intent, matters in determining if a reasonable person would consider the behavior to be harassment.”

I was in retail. I get it. Sometimes customers can be frustrating. Sometimes we (being salespeople, managers, etc.) express our frustrations verbally and, perhaps, everyone on the team (or within hearing distance) is okay with the language or sentiment.

The bottom line is that allowing or condoning this type of behavior only accomplishes two things:

1. It permanently etches that customer in a negative light for any future employees. Think about it… perhaps the employee who inserted the notes gets fired (not that anyone EVER gets fired or leaves dealerships) and a new employee is tasked with going through and/or following up with these leads. Do you think these notes will encourage them to follow up or discourage them? Would they be quicker to mark them “Lost” and move on? What happens if you want to do some data mining and try to resurrect some leads? Negativity is a virus. It spreads easily. Allowing anyone to cultivate negativity in your business is simply a recipe for failure – not only for them but also for all of your employees.

2. It creates liability for the dealership. Allowing anyone to continue with this behavior transfers liability to you and, as a manager, to the dealership. Those notes may seem harmless now but when a harassment or hostile workplace environment lawsuit is filed, it could get quite expensive. In addition, by allowing these types of notes, you could technically be cultivating a PERMANENT hostile workplace environment. If you fired the offending employee today and two years from now another employee comes across these notes (perhaps by getting a new lead from the same customer… not like that ever happens) and is offended, what then? What if that that customer eventually buys the car and your dealership uses your CRM for service and a service advisor, cashier or other employee is exposed to those notes?

Imagine this scenario: An employee writes something offensive in Sharpie on the wall in the bathroom. It doesn’t offend anyone and nobody cleans it off. Three years later, a new employee comes along, reads the note and is offended.

What then?

It makes no difference WHEN the notes were made or whether the person who wrote the note(s) works there any longer. It is still the dealership’s responsibility and it would still be held responsible (and liable) for the existence of the notes.

My advice is simple:

If you wouldn’t hang it on the wall in your office for anyone to see, don’t put it anywhere – and that includes inside your CRM.

Filed Under: Best Practices, Compliance, Technology, Training Tagged With: Automotive, Behavior, Compliance, Crm, Dealer, Employees, Harassment, Laws, Lawsuit, Legal, Liability, Negativity, Offensive, Sales, service, Technology, Workplace, Written

The Only Way To Do Social Media Right

August 28, 2012 By Arnold Tijerina

Yeah, Yeah… I know what you’re thinking. Here’s another social media “expert” that’s going to say “this is how you do it”. Actually, I’m not. (As an aside: What does it mean and can anyone really be an “expert” in a field that’s relatively new.)

I, like any other social media person, have my opinions, methods and strategies that I believe work well. I believe these methods work well through many tests and practical implementation. These are, obviously, what I teach and advise. That being said, there are many other social media “experts” that have different opinions, different methods, and different strategies. Whether I agree with them or not is irrelevant. In most cases, when I hear other social media people say “this is how it should be done”, I cringe inside.

Because of the ambiguousness of what it means to be an expert in combination with the fact that this field is constantly changing and new, many dealers (or clients) don’t really know how to judge/evaluate whether a social media consultant/company is “good” at what they do. The easiest way (and how many dealers do it) is to judge a person or company by their own social media presence: How many “likes” do they have? How many followers? Etc.

I personally, don’t believe that either one of these things constitutes a valid assessment point when considering who to partner with in your social media efforts. “Likes” and “followers” can be bought. Does that mean they’re good at what they do? No. It just means they have money to spend. The same philosophy I have in regards to using “likes” to determine the success (or not) for a client’s social media identities applies. You can have a million followers but if none of them would ever do business with you, you’re wasting your breath and your efforts are worthless and a waste of time. If you are a dealer (or business) in Florida, would you pay for traditional advertising in California? Why not? Exactly.

I’m not going to go into what my philosophies are as that’s not the point of this blog post. The point is that there IS no single way to do it right. Numbers of likes and followers or a consultant’s/company’s Klout score don’t mean anything. If you’re looking for a social media partner, for the love of God, please do not use these factors in your decision-making process.

Find a partner who fits well into your company’s strategy, is willing to integrate with your existing marketing, collaborates with you and, most importantly, is willing to make a personalized plan and strategy geared towards your specific audience, not one who fits YOU into THEIR cookie-cutter template process.

If their sales pitch centers around how many “likes” they’ll get you and how many more followers they’ll get you and the reasons they give you for hiring them in any way involves how many likes or followers they have, run away. As fast as you can.

Keep in mind, this person/company is you in the online space. There is no differentiation from a customer’s perspective.

You better be sure that the voice they use is YOURS, not THEIRS.

Filed Under: Editorial, Internet, Marketing, Social Media, Uncategorized Tagged With: Dealer, decision, editorial, followers, klout, likes, partner, Social Media, vendor

NADA 2012: Day Two Recap

February 5, 2012 By Arnold Tijerina

My goal for yesterday was to make the rounds in the exhibit hall. I started at one end with Robbie Campbell, Manager at Subaru of Puyallup (Harnish Auto Family) and Dan Moore of Smart Web Concepts. Took us 4 hours (yes, it’s that big!) to go down every aisle to do a complete walk-through of the exhibit hall.

I took a lot of pictures but, unfortunately, they are in my bag in Robbie’s room since I didn’t want to lug it around all night BUT, I promise to post them soon.

Caught up with a lot of friends – both in-real-life and virtual – and networked. Swag was awesome. VAuto had the best Id seen so far with this old school phone handset that plugs into your mobile phone. It’s so pimp. A lot of sweet rides. Some of the vendor booths were crazy! You’ll see. Be ready.

After the show, Rob and I headed to the Mandalay Bay for UFC 143 (which was awesome) and then to the eBay Motors party at the LAX nightclub at the Luxor.

OFF. THE. HOOK

Easily the best party of NADA. Seemed like everyone was there, including Vanilla Ice… YES! Ice Ice Baby was in the house and did a set! That’s some ghetto fun stuff right there!

Now that the party is jumping
With the bass kicked in, the Vegas are pumpin’
Quick to the point, to the point no faking
I’m cooking MC’s like a pound of bacon

Yes. Yes. Yeeeeeessssss.

Afterwards, they had pretty much the whole upstairs VIP section with bottle service.  We weren’t worried about the 300 people in line outside trying to get into the club. eBay WAS the Honey Badger last night!

Now to start day 3. More friends, fun and networking as today is the big game! Seems like there are 57 Super Bowl parties.

Which one will be the best? Which one will you be at?

Filed Under: Automotive, Editorial, Industry Events Tagged With: 2012, blog, cars, Dealer, Dealership, Education, las vegas, Nada, Training

David vs. Goliath – The Grant Cardone Saga Continues

January 21, 2011 By Arnold Tijerina

Throughout the day yesterday, via Twitter, e-mail and YouTube, Grant and I have been discussing why I believe his contest is bad and why he shouldn’t be teaching dealers inappropriate social media tactics. I think I explained myself clearly in my previous blog post and, in the interest of not writing a book here, I’m going to share the conversations, some select tweets, and his YouTube video which is without a doubt in response to our discussions.

[Note: These e-mails are unedited.]
From Grant to me:
Arnold, 

The
biggest thing I have spent my career on is inspiring sales people to do MORE not
do less. If a sales person is going to fail let them fail by doing too
much and then making adjustments to do too much a
better way.   

Your
suggestions about the program being wrong suggest to take action is incorrect
and causes people to be ‘careful’ rather than
to take action.  

The
world is filled with noise…..the only way people can break out is to take
action and lots of it.  You are going to love the 10X rule because it is about taking
action in massive amounts.  

George
Patton said, “a marginal plan executed ferociously is better than a well
thought out plan never executed.”

Encourage
people to make mistakes by taking more action not by labeling actions wrong,
incorrect, against the rules – There is enough of this
encouragement already.

Neither
you nor me or experts on social media….no one yet knows what actually works.
 Lets agree to disagree and both discover what does
work by experimenting…

 All
my love….

My reply to Grant:

So, in your opinion, violating Facebook’s Terms of Service as
well as the laws of the State of California (which have both civil and criminal
penalties) is ok?

 Even if we disregard the whole “spamming everyone” part of my
argument, you can’t seriously be saying its ok for dealers to break rules and
laws because taking “more action” is better than less?

The people that are participating in your contest are ALREADY
YOUR FANS, Grant. By making them spam their friends, you do not accomplish
increasing your exposure to new people. It’s great to have promotions and
contest. Get people involved and engaging with you, just don’t make them do it
at their friends’ expense and makes sure you’re doing it legally and in
compliance with the rules and laws that govern them.

His reply to me:

Dude,

 I am not ‘making’ anyone do anything and I am not
encouraging spamming.

I put together a contest to encourage people to learn while
they play.

Most of the people out there don’t even know how to start a
FB page… 

We have had over 20 people create video for the first time.
People are having fun with this thing and today now learning 
new ways to fine-target their message to clients so it is
not perceived negatively

Be a lover man, not a hater

Be an inspirer not a stopper.

Be an encouragement and supporter for action and
activity- 

Still love you…

My reply to Grant:

You have to take responsibility as a public figure and role
model for dealers, Grant. People look up to you and will follow your lead. I
hold you to a higher level of accountability to what you put out into the world
than I do the average dealer.

I’m not alone in my thoughts. Many people share my opinion on
your contest. I think the video part of your contest is great. You ARE making
them post on FB and Twitter about your contest. If they don’t they can’t win so
if they want to participate, they have to do it.

The fact that they don’t know, or have, proper social media
skills only makes it worse. You’re teaching them the wrong way to do things,
not the right way.

I still love you too. You’re still them man. You don’t know how
many people have messaged me kudos for standing up to you and saying most
people would be afraid to. I just tell them that you can handle it and,
hopefully, respect my opinion.

My job involves teaching dealers how to do it right. Your reach
and exposure certainly outweighs mine but that doesn’t mean I shouldn’t advise
people not to follow your example. That would be neglecting my job, and
responsibility, in bringing proper digital marketing techniques into their
dealerships.

His reply to me:

Right on bro=  but there is a difference between
standing up and making someone else wrong…

at this point it seems like you are more interested in making me wrong
….

Based on what you are suggesting the  social media campaign
I used to help NADA get the Brownback Amendment passed which protected auto dealerships from losing their finance depts. would have
violated the law.  I slammed that thing every way possible from FB, TWeets, Youtube to direct emails into unwanted and completely
disconnected fields…

Where did you get that great signature…

My reply to Grant:

No, your Brownback Amendment activity was a “rally” so to speak.
It was a call to action and information for dealers. YOU were doing the
“spamming” if people considered it that, which I didn’t.

This is a contest. The state of California has laws regarding
contests, it does not have laws about social media. FACEBOOK, on the other hand,
has rules about having contests on their website, which your contest does not
comply with.

I’m not interested in making you wrong. I KNOW you are. This is
not an opinion. I provided links to the laws and Facebook policies in my blog.
Feel free to read them for yourself.

Yes, you inspired my putting my signature image in my e-mails.
It was always my signature though. I didn’t make mine look like yours. You’ve
inspired me to do a lot of things. You’ve inspired me to be better at what I do
and helped me do that because I made a commitment to listen and learn.

I’m trying to HELP you understand that it’s important that you
teach the RIGHT way to do social media. Between you and I, we both know that
you’re great at teaching closing techniques to salespeople and motivating them.
We also both know that you’ve never sold a car via the internet and, in fact,
I’ve helped you with social media in the past.

I AM recognized as a thought-leader and expert in the field of
social media. That’s why I’m enlisted to do all of the social media for most of
the major auto conferences. They certainly don’t ask me to do it because I
don’t know how.

I know you’re a busy guy and probably don’t have time to go back
and forth with me. Ive always had your back and you know that. Ive contacted
you when your account was hacked. Ive shown you a lot of things. Just know that
I believe you needed to hear this and, hopefully, you’ll realize your mistake
and take action to change it.

Don’t make this a right vs. wrong thing. Don’t worry about
saving face. Just fix the problem.

As we tweeted back and forth today, a friend of mine, stated via Twitter that he was backing off because it was pissing his friends off. Here’s the conversation:


To even suggest to Stan that he shouldn’t be friends with someone (which he implies) who is advising him that he is going to alienate his friends by continuing his actions is not only irresponsible but it’s absolutely self-centered. I know for a fact that I am not the only one giving Stan this advice.
Why does Grant want to encourage Stan not to take my advice? The answer is simple:
He wants people promoting him no matter what the cost is to them!
Now we get to the YouTube part. [Note: This is my favorite.]

While he doesn’t mention me by name, it’s real tough for me to believe that this video wasn’t created in response to my calling him out and trying to make him realize that he is NOT helping his dealers. He is hurting them. Obviously, he doesn’t care. He’s more interested in self-promotion than on the social media success of his dealer audience.
Let’s examine some of his comments:
“..you’re learning what the difference between spam is and a good coordinated program.”
Yeah we’re learning that what YOU’RE doing is spamming. What you’re NOT showing us is a “good, coordinated program”. Running a contest via a software program called Contest Burner that is designed to spam people (for only $147). If you read their website, it describes Grant’s contest EXACTLY. It’s all about the following:
  • Flooding your site with massive traffic
  • Creating an army of back-links from all over the net
  • building a monstrous, responsive list
  • explode your revenue
Funny how there’s not ONE MENTION on that incredibly long home page telling you about RESPONSIBLE social media or that the program is designed to engage your fans and retain them. Of course not, it’s not designed to be responsible. This is what it accomplishes.
“With Contest Burner, your visitors will “happily” spread the word about your site all over the web. They’ll get engaged with your message… and become raving fans!

In fact, they’ll tell everyone about how great you (or your product) is and they’ll recruit people (influence them) to visit your site!”
Bravo, Grant. You’ve enlisted all of your fans to tell everyone they know how great you are while, at the same time, annoying the hell out of them.
Now let’s examine his logic and reasoning to his fans on his YouTube video:
  • You shouldn’t listen to their friends and colleagues but “push through the criticism”.
  • Social media is no different than him “knocking on a door”
  • “if you stop because people are asking you to stop, you’re done.”
  • If you’re creative, it’s not spam
  • Social media is no different than knocking on a door, making a phone call, or sending out a piece of mail, it’s just electronic.
  1. I don’t need to listen to my friends and colleagues. You’re the only thing that matters. Got it.
  2. It’s not like “knocking on doors”, it’s like knocking on your FRIEND’S DOORS. I’m sure your friends would appreciate you harassing them.
  3. Uh… when did “No” stop meaning “No”?
  4. Even if it’s creative, it’s still spam.
  5. You can be spam whether you’re knocking on a door, making a phone call, sending mail, sending e-mail or being on social media. In fact, there are laws regarding the use of 4 of the 5 of these and, I suspect, there will eventually be laws regarding the use of social media.
I’m sorry but anyone that tells me to annoy my friends and family, despite their requests to stop, and to “push through” anyways, is not doing me any favors.
The ONLY person winning from this contest is Grant Cardone. 
If you’re friends, family, and business connections are only worth $500 to you… well.. that says a lot.
[As I finished this post, I got another e-mail from Grant]

Dude  

All you have done is make
wrong – there is no direction, no guidance, and no teaching.

there have been no efforts to
do so either….

its been a constant
commercial of what I am doing wrong….then i expect you got some cowards
patting you on the back and got all inspired..
 but you didn’t help guide or inform anyone of what to do only encourage
them not to do!

My friends don’t do that with
me.  Teachers and mentors that I learn from encourage me to use my
strengths and

and never suggest that I do
less but offer advice how I can be more effective…

Go back and look at your
tweets and see how policeman like they are.  I am taking my time to tell
you this because I like you and would like you to be
supportive of me and what I am doing….

A better way to do this is by
example —– why don’t you get involved in the program and show them how to do
it or do you just monday morning quarterback?

My response to Grant:

Do you honestly believe that you are helping dealers learn anything
about social media?

His answer:

I
got a 100 from my brother with a message on it for you…

I responded with one word: nice
To be fair, he did respond with the following (despite the fact that I absolutely took the last e-mail seriously):

Just
loving you baby…  I have given you too much attention today…

but
it has been fun! Have a monster year and best to you..

I have nothing to gain by criticizing Grant’s contest except putting an end to the continuous stream of Grant-spam that I’ve been getting. He, on the other hand, has everything to gain by encouraging the continued participation of his contestants.
I absolutely feel like David and he is Goliath. Am I trying to “topple” him? No. Am I trying to get his attention and make him realize what he’s doing is wrong? Yes. 
The scariest part is.. maybe he already realizes it.

Oh, and Grant, if you want me to show you how to “do it right”, I’d be happy to.
Onto my commercial: Very soon, I may have a ton of Grant Cardone material available for bid on eBay including some signed photos, books and tons of audio material. 
Just kidding.. maybe.





Filed Under: Editorial Tagged With: Automotive, car dealer, contests, Dealer, Facebook, facebook pages, Grant Cardone, Social Media, Twitter

Digital Dealer’s Hidden Learning Opportunity

October 9, 2010 By Arnold Tijerina

As we get ready to attend the 9th Digital Dealer Conference & Exposition in Las Vegas, I wanted to talk about a hidden learning opportunity.

Over the past weeks, I’ve seen plenty of blog posts and articles from people with advice on how to get ready for and efficiently attend the conference. All of these articles offered great advice such mapping out your sessions and bringing proper supplies. I agree with all of them. 
One thing I haven’t heard, however, is one of the most beneficial things I used to take advantage of at the conferences and that is the ability to check out all the new technology and services available within our industry that could help me sell more cars.
I was an internet director working for large automotive groups for a long time. I was constantly bombarded – as I’m sure you are – by calls from vendors. Some days it seemed like I appeared on every vendors “to-do” list and, at times, I just stopped taking their calls. We’re all busy and we’re all focused on selling cars. Nobody wants to be “sold” something when you’d rather be doing the selling.
One of the most attractive things for me, at the conference, was the opportunity to visit with all the vendors in the exhibit hall if only to check out what solutions and technology are available. Whether you are in the market for a new solution or not, the knowledge of what’s out there is invaluable because the one thing in our business that is constant is change. 
When your dealer principal, GM, GSM or whomever comes to you with a problem and asks you to fix it, would you rather know what solutions exist and be able to make some suggestions RIGHT THEN, or have to start hunting from scratch. I guarantee you it will waste more of your time hunting for a new vendor for whatever your needs are if you don’t already know what’s out there.
This also gives you the opportunity to ask other DEALERS about their vendors. Every vendor is going to tell you that their product rocks, that they are the best at it, and that they will help you sell a ton more cars than you already are (if you use it properly, of course). So how do you weed out the good companies from the GREAT companies? How do you find the “diamonds in the rough”, so to speak?
Look, we all know that post-conference sales pitches, phone calls, and e-mails only INCREASE – as they should. You can’t blame the vendors. Say you sold Fords and you went to an auto show. At that auto show everyone was educated on the benefits of driving a Ford Explorer. Everyone left with some level of knowledge that maybe I should be driving a Ford Explorer. Now, say the conference decided to give you a list of all of those people who were interested in a Ford Explorer. Would you call them? If you are any type of salesperson you would. 
Just like you get irritated when you call someone that you got an internet lead on because they’re irritated that you called them, so do the vendors. If you took the time to educate yourself about the technology products and services that are available WHILE YOU”RE AT THE CONFERENCE, you would be able to tell the vendors when they call you post-conference that you took the opportunity to check out their service already.
I’m not saying you have to spend your time watching everybody’s demo. Just set aside a block of time to make a quick trip around the exhibit hall to check out what new services and technology products are being offered by companies – both new and old. 
I guarantee you’ll discover something that you didn’t know existed.
You have all the notable vendors within our industry in the same place at the same time. Use that to your advantage. Learning what is available to help you sell more cars is just as important as learning new techniques and processes to do that via the seminars. The vendors are an intrinsic part of what makes the Digital Dealer Conference & Exposition POSSIBLE. They’re at the conference because they want the opportunity to meet you and talk to you. 
Be the go-to-guy (or gal) at your dealership with the solutions and you’ll make yourself that much more invaluable. 
…and pick up some free swag and enter their contests for prizes while you’re at it. We all like free stuff and they like to give it out.
Here is the list of vendors that helped make the 9th Digital Dealer Conference & Exposition possible.
Exhibitor List
I hope to meet everyone at the show. 

Filed Under: Automotive, digital dealer conference, Training Tagged With: conference, Dealer, Digital

Example of a Live Twitter Feed

August 19, 2010 By Arnold Tijerina

I was asked to demonstrate a live Twitter feed incorporating hashtags vs. a personal Twitter account. This is just an example for them. I chose #DD9 as the hashtag to follow in this example because the 9th Digital Dealer Conference rocks (and this is the hashtag people have incorporated to talk about this event).

This is a very useful tool to incorporate into your website and/or blog. Not only does it allow you an easy way to monitor conversations about your brand or product but it’s a great way to showcase events (as in this example).


Filed Under: Social Media, Technology Tagged With: conference, Dealer, Digital

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