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AMSA and Industry Update Linda Bauer Darr, President & CEO American Moving & Storage Association CPPC 2010 Spring Workshop Oakbrook, IL April 30, 2010 1 AMSA And Industry Update • The Past: The “Golden” Years • Today – The influencers: Housing and the Economy – The Market: How We are Responding as an Industry • AMSA and the Industry: – – – – Creating our Future Government Challenges & Response Litigation “ProMover-izing” our Industry Image Stretching and Strengthening the Canvass • Conclusion 2 The Past – “The Golden Years” Size and Shape of the Industry • 8,100 companies doing 16.5 billion annually at 17,000 locations (2007) • 96% of businesses are small local businesses that earn less than $10 million annually and account for 72% of all industry jobs. • 84% are micro-businesses – less than $1million • In 2006 nearly 40 million people (14% of the U.S. population) moved 3 Today Times have Changed • Only 11.9% of Americans moved in 2008 (versus 14% in 2006), a record low, down 3.5 million households 4 Today The Influencers: Housing and the Economy • Housing, housing, housing • Mortgage crisis • Economic meltdown • Stubborn unemployment Data from Industry Trends, AMSA’s quarterly data publication 5 Today The Influencers: Housing and the Economy A Mixed Bag • The housing market continues to fluctuate Difficulty in obtaining financing has scared off some buyers Low prices, tax credits and low interest incentives not attracting as many buyers as predicted • New home sales are still down, used home sales are up slightly, inventory (currently) down 6 Today The Influencers: Housing and the Economy Mixed Economic News (as of April 8, 2010) • The economy is growing: GDP rose 5.6% in 4th quarter (up from 2.2% in 3rd qtr) • Fastest pace of economic growth in 6 years • But still….overall GDP shrank 2.4% in 2009, worst drop since 1946 7 Today The Influencers: Housing and the Economy The Obama Factor • New focus = small business and middle class (response to anger over Wall Street bailout) • Offer of $33 billion plan to boost small business during SOTU speech • How it works: $5,000 tax credit for each new hire this year; capped at $500,000 per company. 8 Today The Market: How are we Responding Shipment Volume ‘09 vs.‘08 Traffic Type Corporate Acct. COD GSA Military Total -26.5% -10.7% + 0.3% - 2.0 -14.8% 9 Today The Market: How are we Responding Shipment Volume since 2009 Traffic Type Jan-Mar 2010 vs. Jan-Mar 2009 Corporate Account - NAC - 13.6% Private Transferee - COD + 1.6% GSA - 18.9% Military + 6.9% Total - 3.5% 10 AMSA and the Industry: Creating Our Future Government Challenges and Responses AMSA Federal Legislative and Regulatory Update • The current Environment and Plan for Progress – Despite health care reform win, most major legislation stymied – Need for AMSA to pursue both legislative and regulatory victories – Strong relationship with new FMCSA leadership 11 AMSA and the Industry: Creating Our Future Government Challenges and Response AMSA Federal Legislative and Regulatory Update • Impact of Health Care Reform on Business – Employers with 50+ employees must provide minimum coverage – Employers must cover 60% of cost of minimum coverage – State-based health care exchanges created to obtain affordable coverage; subsidies and credits also available to small businesses – Penalty of $2,000 per employee for non-compliance 12 AMSA and the Industry: Creating Our Future Government Challenges and Responses AMSA Federal Legislative and Regulatory Update • Surface Transportation Reauthorization – Highway and bridge programs extended until end of 2010 – Additional revenue is needed to fund programs and support Federal Highway Trust Fund – Increase in federal gas and diesel taxes probably required; unlikely to be supported by Obama and Congress prior to November 2010 elections 13 AMSA and the Industry: Creating Our Future Government Challenges an Response AMSA Federal Legislative and Regulatory Update • AMSA Consumer Protection Proposals – To deal with rogue mover problem, AMSA is proposing strengthening federal entry, enforcement and consumer education – Members of House and Senate showing strong support – Held up by delay in Surface Transportation Reauthorization 14 AMSA and the Industry: Creating Our Future Government Challenges and Response AMSA Federal Legislative and Regulatory Update • Pursuing FMCA regulatory solutions to parts of consumers protection proposals – Strong and cooperative relationship with FMCSA leadership – FMCSA Moving and Storage industry briefing at AMSA – Administrator Ferro keynote speech and meetings at AMSA Conference 15 AMSA and the Industry: Creating Our Future Government Challenges and Response AMSA Federal Legislative and Regulatory Update • Hours of Service – FMCSA reviewing current hours-of-service requirements – Tightening of HOS rule likely – AMSA supports current rules • EOBR Mandate – Electronic-on-board recorders required for carriers with pattern of hours-ofservice violations – Possible EOBR mandate may expand to include all commercial motor vehicles – AMSA considering policy position and comments to FMCSA 16 AMSA and the Industry: Creating Our Future Government Challenges and Response AMSA Federal Legislative and Regulatory Update • Distracted Drivers – FMCSA proposed rule would ban use of electronic texting by commercial truck and bus drivers – AMSA developing supporting comments – Ban likely to extend to other electronic devices….cell phones, etc • Immigration Reform Legislation – Uncertain if Congress will debate this issue in 2010…too controversial – AMSA supports H-2B VISA Reform 17 AMSA and the Industry: Creating Our Future Government Challenges and Response AMSA Federal Legislative and Regulatory Update • Climate Change – Controversy with greenhouse gas emissions reduction proposals – House-passed bill - bad news for trucking …increased costs, fees and operating restrictions – Senate considering approach that would impose new tax on fossil fuels (gasoline & diesel) – Fossil fuel taxes make it difficult to also raise revenue to fund highways and bridges 18 AMSA and the Industry: Creating Our Future Government Challenges and Response AMSA Federal Legislative and Regulatory Update • Card Check Legislation – Not likely to be tackled by Congress in 2010…too controversial • Independent Contractor Classification – Legislation introduced in both Senate and House, but unlikely to advance in 2010 – IRS launched nationwide crackdown on misclassification of independent contractors – Crackdown may show widespread abuse – May see a difficult legislative fight in 2011 19 AMSA and the Industry: Creating Our Future Litigation MoveDef • Class Action Lawsuit Alleging Antitrust Violations – Strong Defense needed to protect the Industry’s future – $426,780 Spent on legal expenses through February • What is MoveDef? – Legal Defense Fund established to fight costly litigation – Under leadership of Morrie Stevens, Sr. MoveDef Chairman – Need to raise $2 million • • • 110 Commitments from members and nonmembers $229,231 Committed to date (over the next three years) $117,622 Collected to date Need everyone’s help to protect the industry and AMSA against current and future litigants 20 AMSA and the Industry: Creating our Future “ProMover-izing” our Industry Image Where We Are Headed – What is a ProMover? A carrier which: • Is accepted and recognized by AMSA as having quality, professional and ethical standards • Meets all our business standards, and has signed an agreement to uphold our Code of Ethics • Pledges to work to improve the image of the moving industry and put an end to unethical practices 21 AMSA and the Industry: Creating our Future “ProMover-izing” our Industry Image What does it take to become a ProMover? All members are screened annually against a seven-point standard: • No applicable felony convictions by company officers • Verification of ownership with state corporation commission • Compliance with federal licensing and insurance regulations • Acceptable Better Business Bureau rating • Clearance by state moving or trucking association where available • Web site reviewed for improper advertising or claims • Past performance checked against AMSA and other databases 22 AMSA and the Industry: Creating our Future “ProMover-izing” our Industry Image ProMover: AMSA’s Focus and Future • 200 members expelled in 2008, 24 expelled in 2009, 7 to date in 2010 • Expansion to include intrastate movers under development • Follow-on “Star Program” under development 23 AMSA and the Industry: Creating our Future “ProMover-izing” our Industry Image Promoting ProMover AMSA has been receiving earned media coverage… …but has been successful with paid media, as well: May 2009 USA Today ad series Congress Daily 24 AMSA and the Industry: Creating our Future “ProMover-izing” our Industry Image 2010 Marketing Campaign Underway • Use National Moving Month (May) to launch efforts • Two full-page USA today ads running in May – focus on “Trusting” Your Move to a “ProMover” • Toolkit for movers to promote ProMovers status – – – – – Ads and public service announcements Op-eds for local placement Flyers to distribute to prospective customers in sales packets PowerPoint to educate consumers on how to avoid rogues More to come over summer 25 AMSA and the Industry: Creating our Future Stretching and Strengthening our Canvass Crisis = Change=Rejuvenation 26 AMSA and the Industry: Creating our Future Stretching and Strengthening our Canvass • A New Strategic Direction = Strong AMSA/Strong Industry • Strong Advocacy • A Respected Credible Brand • Inclusiveness to Serve an Increasingly Diverse Industry 27 AMSA and the Industry: Creating our Future Stretching and Strengthening our Canvass Change • Van-lines investing more heavily in container business – Unigroup and PODs, Atlas and SmartWay • New strategies for containerization - My Move Option (ProMovers, Fedex, etc.) • Litigation Challenge Continues • Environmental and Labor Challenges • Military implementation of DP3, BRAC • COD customers looking for more and different methods of DIY • Corporations moving to lump sum and hire local policies 28 Conclusion ProMover is our focus and ProMover is our future • Separate the wheat from the chaffe • Build quality service customers expect AND pay for • Regain lost market share to DIY resulting from rogues • No more beatings in courts, state houses, or capitol hill because they understand we are the solution, not the problem 29 Thank you • AMSA thanks you for the opportunity to be here with CPPC members and for all your hard work and dedication. • Check us out at www.promover.org 30