Bill Heard Chevrolet Ran credit report without my authorization Plant City Florida
I was looking to trade up from my Chevy Cavalier to something with more room and looked at several Chevy dealers in the Tampa Bay area. I also went to Chevy dealers specifically because I wanted to take advantage of the employee discount my grandfather has through GM. One of the dealers I went to was Bill Heard because they always have full-page ads in the Tampa Tribune and one of their lots was close by.
Within 5 minutes of being there, I saw a Blazer I liked and asked a salesman how much I could get for a trade-in on my Cavalier and what the balance would be to purchase the Blazer. I told them I wanted to do a cash deal -- no financing -- because I came into some money through an inheretance. So the salesman took down my information -- such as name, address, driver's license number -- on some pre-printed customer report form. I asked why all this information was necessary and I was told it was because if I decided to buy, they would already have this information down; basically to save time. Ok that made sense. Never at any time did they ask me if it was ok to run my credit report and never at any time did I sign anything authorizing them to do the same. I wouldn't see the need to since I wanted to do a trade-in/cash deal.
In any event, the salesman said he had to go talk to his manager and left for a good 10-15 minutes. He came back and apologized for the delay. The dealer made a lowball offer on my trade-in, and this seemed pretty normal at the time because I had gone to several dealers before this and they each pulled this same ploy. Bill Heard refused to negotiate on the trade-in value and the price of the Blazer. I told the salesman I didn't have that much cash for what they were asking, so I thanked the salesman for his time and told him no, we won't be making a deal today. Apparently this wasn't good enough because the salesman suggested leasing and even brought the finance manager in. I told them again, I do not want to finance, I want to buy the car outright, so no thank you. This went on for some time until I finally asked, ok, how much would the monthly payment be. The finance man worked the numbers out before me and he said my monthly lease payments would be over $530 a month. I said, that's expensive for a Blazer considering I could do a lease for a luxury car for about the same monthly payment. Then I again thanked the salesman and the finance manager for their time and told them that we would not have a deal today. Finally, they were done trying to push this lease on me.
Well, tonight, I got a copy of my 3-in-1 credit report checking was was on there. And lo and behold, there's a inquiry from Bill Heard Chevrolet. I was mad; not to mention, at the risk of sounding dramatic, I felt violated. At no time had they asked me if this was ok and at no time did I give them permission to do this. This kind of inquiry shows up as a hard inquiry on a person's credit report and also decreses their credit score. I also have a mind to write Bill Heard HQ a letter informing them that this kind of activity is against the law.
I ended up finding just the kind of car I was looking for. I went to CarMax in Tampa and found a Jeep at a very reasonable price and CarMax gave me over $2000 more on my trade in than what Bill Heard had offered. Needless to say, after finding that out tonight, not only did Bill Heard lose me as a customer that day, I will never go back to them again when I want to purchase a car and I will recommend that my friends and family not go there as well.
Ryan
Zephyrhills, Florida
3 Updates & Rebuttals
Kalman
Ocoee,Florida,
U.S.A.
GM Discount
#4Consumer Suggestion
Mon, June 02, 2003
Ryan .. also under the GM family discount the price of the car is the price of the car .. next time you want to buy a chevy with the GM plan get the price before to visit from GM , dont metion it until you decide if you want to buy it or not .. I have bought 2 car's this way ..
they hate the GM discount because of the price and lower commision
Letter to Bill Heard Chevrolet
#40
Thu, November 21, 2002
I wrote a letter to Bill Heard Chevrolet in Plant City, Florida -- which I have posted below -- and CC'd it to the FTC, the Florida Attorney General's Office, the Chevrolet Motors Division of GM and the Hillsborough County Consumer Protection Agency. I already have received the green, return-receipt postcard showing that it was received by the dealership.
Also, I already received a response from the Hillsborough County Consumer Protection Agency telling me my complaint has been entered into their database, which is a public record that anyone can check out before they decide to do business with a company. They also informed me that the Orlando office of the Florida Attorney General has an open investigation against Bill Heard dealerships (Case #: L01-3-1488).
This is my letter to Bill Heard:
Via Certified Mail, Return Receipt Requested
Ryan [last name withheld]
[address withheld]
November 15, 2002
Bill Heard Chevrolet
601 East Alexander Street
Plant City, Florida 33566
To Whom It May Concern:
In November 2001, I visited your dealership because I wanted to trade up to a larger car from the 2000 Chevrolet Cavalier that I then owned. I specifically considered a Chevrolet vehicle because I am familiar with the brand name, the product and the fact that my grandfather worked for General Motors for more than forty (40) years; so I thought buying a Chevrolet vehicle would be like taking my business to a trusted friend or family member. Not long after looking through your lot, I found a 2002 Chevrolet Blazer that I liked. I was then approached by a salesperson and asked him how much I could receive for trading in my Cavalier and the total cost to purchase the Blazer. I also informed the salesperson that if I purchased the Blazer, I wanted to do a cash deal and I would not need financing. Your salesperson took me inside his office and took some information such as my name, address and driver's license number. I thought this was normal because every other dealer I had previously visited asked for the same information. Your salesperson then stated he needed to speak with another employee and left the office.
Some ten (10) to fifteen (15) minutes later, the salesperson returned and apologized for the delay. He quoted me a trade-in value and, after this deduction, how much it would cost for me to purchase the Blazer. What I did not know is that this salesperson, or someone employed by your dealership, ran my credit report through Equifax. Proof of this inquiry is attached hereto as Exhibit 1'.
According to the Federal Trade Commission's (FTC') interpretation of the Fair Credit Reporting Act (FCRA' or the Act'), merely requesting information from an automobile salesperson regarding a vehicle -- including quotes for prices and financing -- is not a business transaction initiated by the consumer within the meaning of Section 604(a)(3)(F) of the Act, which would have enabled your employees to obtain a copy of my credit report without my permission. You will find the FTC's opinion on this matter attached hereto as Exhibit 2'. In fact, in order for your employees to have legitimately run a copy of my credit report, they needed to obtain my written permission. Your employees did not. And if you would like to contend that your employees did, please provide me with proof that I authorized them to obtain a copy of my credit report.
Furthermore, the only legally acceptable reason for your employees to have accessed my credit report without my written authorization in this situation is if both your salesperson and I actually understood that I was going to purchase the vehicle or I indicated that, as part of my purchase, I needed to obtain financing through your dealership. At no time did I ever state either of these things to your employees. There was no contract of sale filled out, no loan application and no leasing application. Even more, as I stated above, I told your salesperson that I intended to pay in cash. As you will note from the attached FTC letter, even if I agreed to purchase the vehicle, my indication to pay in cash would not have given your employees a legitimate reason to obtain a copy of my credit report. The other car dealers I visited before coming to your dealership did not run my credit report when I asked them for trade-in and purchase information, why did you?
Also, I feel I should remind you that the FCRA provides a consumer with recourse in a court of law for a business' failure to comply with any provision of the Act as well as monetary damages for the same; rights I fully intend to pursue.
Further, as you will see below, I have also forwarded copies of this letter to the FTC, General Motors, the Hillsborough County Consumer Protection Agency and the Florida Attorney General's Office; and I do not intend to stop there. If this matter is not resolved satisfactorily, I fully intended to pursue my rights under the FCRA in a court of law. Please inform me, in writing, how you intend to resolve this matter.
Finally, I feel it is worth mentioning that I ended up purchasing a Jeep at CarMax in Tampa, Florida, as they offered a better trade-in value for my Cavalier than your salesperson did and a vehicle at a more reasonable price. Not only did you lose me as a customer that day, but after discovering how you choose to conduct business, I will never return to Bill Heard Chevrolet when I want to purchase a new or used car and I will recommend to family and friends that they do the same.
Respectfully,
Ryan [last name withheld]
ENCLOSURES
Exhibit 1': Copy of relevant portion of tri-merged credit report showing Bill Heard Chevrolet inquiry
Exhibit 2': Copy of Federal Trade Commission opinion letter
Cc: Consumer Response Center, Federal Trade Commission
Chevrolet Motor Division, General Motors Corporation
Hillsborough County Consumer Protection Agency
Economic Crimes Division, Office of the Attorney General, State of Florida
The Great Thorn
scottsdale,Arizona,
Ryan I , The Great Thorn have an idea for you. Try this. After you fax a copy of this to your dealer call them up and ask if it sounds GOOD!
#4Consumer Suggestion
Tue, November 05, 2002
Ryan If you want to have some cheap power, Try this set of a*s kicking boots on. This might cost you 4 or 5 bucks, But it will inform this dealer in a VERY POWERFUL way that they have made THE RIP OFF REPORT!
If I were you I would send a "Printer Friendly Version" of your Rip off Report to the following by fax and by snail mail.
Keep in mind The Great Thorn's motto. "GO DEEP, IT FEELS BETTER" when exposing.
First I would send a copy to the FTC
Consumer Response Center
Federal Trade Commission (FTC)
600 Pennsylvania Ave., NW
Washington, DC 20580
Toll free: 1-877-FTC-HELP (877-382-4357)
TDD/TTY: 202-326-2502
Web site: www.ftc.gov
next I would fax a copy to
Chevrolet Motor Division, General Motors Corp.
PO Box 33170
Detroit, MI 48232-5170
Toll free: 1-800-222-1020
Toll free: 1-800-243-8872 (roadside assistance)
TDD toll free: 1-800-833-2438
Fax: 313-556-5108
Web site: www.chevrolet.com
Next I would inform your state's banking commision as to how this dealer treats car buyers and what they do with-out your permission.
I feel that the only way to get bad car dealers to stop dirty tricks, is to expose what they are doing to EVERYBODY.
On the banking, No car dealer wants the state banking commission looking over their shoulder EVER!! This alone will make their F&I GUYS THINK TWICE EVERYTIME before they try something they know is not right.
Car dealers across the country hire real lot sharks to bend consumers over in the F&I department when they have their soon to be victim behind closed doors. Every car dealer wants a REAL SHARK sitting in the F&I chair.
Florida
Department of Banking and Finance
101 E. Gaines St.
Tallahassee, FL 32399-0350
850-410-9370
850-410-9275 (investigations)
Toll free in FL: 1-800-848-3792
Fax: 850-410-9026
E-mail: dbf@mail.dbf.state.fl.us
Web site: www.dbf.state.fl.us
I would also fax a copy to the dealer. This is a great way for this dealer to know that they have made the Rip Off Report.
It will also cook their goose reading what I have posted on your Rip Off Report. Trust me Ryan I know how to bend them over and push it where it will make them think twice the next time!
BILL HEARD CHEVROLET, INC.-PLANT CITY
601 E ALEXANDER ST
PLANT CITY, FL 33566-5116
Phone: (813) 752-5123
Fax: (813) 359-5472
By the way, fax a copy of your Rip Off Report to the below aswel
James L. Sudberry, Administrator Consumer Protection Agency
Hillsborough County Consumer Protection Agency
8900 N. Armenia Ave., Ste 226
Tampa, FL 33604-1067
813-903-3430
Fax: 813-903-3432
Web site: www.hillsboroughcounty.org
Nick Cox, Assistant Attorney General
Economic Crimes Division
Office of the Attorney General
Westwood Center
2002 North Lois Ave, Suite 520
Tampa, FL 33607
813-801-0600
Fax: 813-871-7262
Signed
The Great Thorn.
Again, Ryan GO DEEP, IT FEELS BETTER when exposing deception.