Right to Reimbursement of GM Surcharges
On January 8, 2019, an Indiana Administrative Law Judge upheld a Cease-And-Desist Order issued by the Indiana Secretary of State to General Motors. The Cease-And-Desist Order was the result of surcharges imposed by General Motors in August of 2018 on parts and labor rate reimbursement increases, which violated an Indiana statute having gone into effect July 1, 2018.
You may have a right to reimbursement of any unlawfully charged surcharges. If you applied for a rate increase under IC 9-32-13-15.5 and were assessed a surcharge, gather the invoices reflecting such charges and seek reimbursement by submitting those invoices to the Office of the Secretary of State, Dealer Services Division, 302 W. Washington Street, Room E-111, Indianapolis, IN 46204 or via email to Dealer@SOS.IN.Gov.
If you need assistance, your counsel or accountants would be able to help. Prior to submitting the invoices, check your accounts to verify that General Motors has not already credited you for such charges. If you do not submit your request by April 2, 2019, you may lose the right to do so.
For further information, contact the following:
Mike Shanahan at (317) 374-5713 or Mike@IndianaDealerCounsel.com
Bill Ivers at (317) 453-2000 or Bill@IndianaDealerCounsel.com
Geoff Grodner at (812) 332-5000 or Geoff@IndianaDealerCounsel.com