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  • Report:  #136245

Complaint Review: JD ByRider - CNAC

JD ByRider - CNAC ripoff Milwaukee Wisconsin

  • Reported By:
    Milwaukee Wisconsin
  • Submitted:
    Thu, March 24, 2005
  • Updated:
    Fri, April 08, 2005
  • JD ByRider - CNAC
    S. 27th St. And N. 76th St.
    Milwaukee, Wisconsin
    U.S.A.
  • Phone:
  • Category:

I am a divorced mother of 2 who when I was going through my divorce had just entered the workforce again and did NOT have credit. I went to JD ByRider because I couldn't get financed anywhere else.

They are a major FRAUD and RIPOFF and SCAM place! DO NOT GO THERE EVER!! No matter how bad your situation may be. All the reports I read on here, they have done the same exact things to me. My car broke down within a week. I was told I could only get a certain car. It had nothing but problems. I had the same payment issues and harrassment issues too as most of these other people on here.

I found this and wanted to copy it here for all to read. BEWARE!! We are not protected by the law at ALL against JD ByRider!!

""Automobile Consumer Credit Fraud

On January 31, 1999, Ann Brown of Sandusky, Ohio borrowed $5,500 at 25% interest from a J.D. Byrider Franchise car lot to finance her purchase of a car from Byrider's used car lot. The car turned out to be a "junker" and a safety hazard. The entire wheel and axle fell off when Ms. Brown's teenage daughter was driving down the road. In her lawsuit in Ohio court, Ms. Brown alleged that she was forced to pay an artificially inflated price in violation of the Truth in Lending Act. Ms. Brown also alleged that Byrider violated the Truth in Lending Act by requiring her to accept an $895 warranty fee that was also to be financed by J.D. Byrider at 25% interest. In addition, Ms. Brown alleged violations of the Ohio Sales Practices Act and fraud.

But Ms. Brown was denied her day in court by the district court in Ohio, which ruled that the arbitration agreement contained in Ms. Brown's contract had to be enforced because of the FAA's policy favoring arbitration. Under that arbitration clause, Ms. Brown lost all her claims under state and federal lending and consumer protection laws although Byrider retained the right to sue her. She also waived her right to punitive damages, no matter how reckless or malicious Byrider's conduct. Instead, she must proceed under Byrider's choice of arbitration, for which she must pay half the costs and attorney fees. The costs of arbitration, which begin with $300 - $500 filing fees and approximately $1,500 per day arbitrator's fee, exceed the value of her claim. It is simply not worth it to take the case to arbitration. In sum, Byrider is using this arbitration clause to insulate itself from the consequences of violating the Truth in Lending Act, Ohio Sales Practices Act and flat-out fraud.

Ms. Brown did not understand that she was waiving her right to go to court when she signed an arbitration agreement with Byrider. This is hardly surprising because the Byrider financing officer himself had no idea what arbitration is or what the rules of arbitration are, so he was unable to tell Ms. Brown what rights she was waiving. Nor was she given an option -- the credit contract was presented in a standard form, take-it-or-leave-it format and she was not allowed to challenge any of its provisions. The mandatory arbitration provision only applied to Ms. Brown. Had she defaulted on her loan, Byrider would have been able to file a lawsuit against her.

When Ms. Brown first filed her lawsuit, Byrider stopped using the mandatory arbitration clauses in their contracts. But once the courts refused to vindicate Ms. Brown's rights in court in favor of arbitration, Byrider began using the clauses again. Ms. Brown's attorneys have received inquiries from over 40 consumers similarly defrauded by Byrider. Unfortunately, no matter how many of J.D. Byrider's former customers are defrauded, they cannot file as a class action because the mandatory arbitration clauses in their contracts waive their right to maintain class actions.""

PLEASE WARN WHOMEVER YOU KNOW TO NEVER GO THROUGH THEM! THEY CARE ABOUT NO ONE!!!!

Sheila
Milwaukee, Wisconsin
U.S.A.

Click here to read other Rip Off Reports on JD ByRider

7 Updates & Rebuttals


Kevin

Orlando,
Florida,
U.S.A.

Sheila, the issues in Kentucky should be investigated nationwide

#8Consumer Suggestion

Fri, April 08, 2005

Sheila, you asked about the Attorney General claims against JD Byrider in Kentucky and whether they are nationwide. JD Byrider is operating over 130 locations in many states. Since you are in Wisconsin, you should contact the Better Business Bureau and your Attorney General and file your complaint. You should be able to do this online. So far Attorneys General in Ohio, Kentucky and Iowa have filed suits or investigated JD Byrider, both the corporation and individual franchisees. In Wisconsin, you are dealing with a franchisee. With enough attention being brought to JD Byrider and their dishonest business practices, you and other customers might be able to file a class action lawsuit. Good Luck.


Stick

Phoenix,
Arizona,
U.S.A.

Michael Patrick sounds like you need to spend some time reading all 126 Rip Off Reports on JD Byrider.

#8Consumer Suggestion

Sat, March 26, 2005

Go to the below URL and it will take you to 126 JD Byrider Rip Off Reports.

Go make them all happy.

http://www.ripoffreport.com/results.asp?submit22=Search+All+The+Latest+Rip-Off+Reports+Now%21&q1=ALL&q2=&q3=&q4=&q5=JD+Byrider&q6=&q7=&searchtype=0

If you ever have bought a car from JD Byrider you might want to read this.

Sure seems to be informative reading to me!

http://www.iowaattorneygeneral.org/latest_news/releases/jan_2005/Dan_Nelson.html


Stick

Phoenix,
Arizona,
U.S.A.

Michael Patrick sounds like you need to spend some time reading all 126 Rip Off Reports on JD Byrider.

#8Consumer Suggestion

Sat, March 26, 2005

Go to the below URL and it will take you to 126 JD Byrider Rip Off Reports.

Go make them all happy.

http://www.ripoffreport.com/results.asp?submit22=Search+All+The+Latest+Rip-Off+Reports+Now%21&q1=ALL&q2=&q3=&q4=&q5=JD+Byrider&q6=&q7=&searchtype=0

If you ever have bought a car from JD Byrider you might want to read this.

Sure seems to be informative reading to me!

http://www.iowaattorneygeneral.org/latest_news/releases/jan_2005/Dan_Nelson.html


Stick

Phoenix,
Arizona,
U.S.A.

Michael Patrick sounds like you need to spend some time reading all 126 Rip Off Reports on JD Byrider.

#8Consumer Suggestion

Sat, March 26, 2005

Go to the below URL and it will take you to 126 JD Byrider Rip Off Reports.

Go make them all happy.

http://www.ripoffreport.com/results.asp?submit22=Search+All+The+Latest+Rip-Off+Reports+Now%21&q1=ALL&q2=&q3=&q4=&q5=JD+Byrider&q6=&q7=&searchtype=0

If you ever have bought a car from JD Byrider you might want to read this.

Sure seems to be informative reading to me!

http://www.iowaattorneygeneral.org/latest_news/releases/jan_2005/Dan_Nelson.html


Sheila

Milwaukee,
Wisconsin,
U.S.A.

Informative Reading. Someone needs to stop this company from being in business!!

#8Consumer Suggestion

Sat, March 26, 2005

Stick-

Thanks for that information! It was very informative for me. Do you know if the get far with this if it will be nationwide or just in Kentucky?

Someone needs to stop this company from being in business!! It is very unfair how they do their business and defraud all of us consumers they way they do, willingly and maliciously! They have no "respect" for anyone and are only out for the money for this company!

Thanks again for that reading!!


Stick

Phoenix,
Arizona,
U.S.A.

Sheila you might want to read this! Kentucky Attorney General Greg Stumbo has filed a consumer protection lawsuit against national used car dealership franchiser, J.D. Byrider, Inc.

#8Consumer Suggestion

Fri, March 25, 2005

Sheila I found some informative reading for you.

A guy told me in the Vegas JD Byrider meeting that they have plans to push down the Rip Off Reports that are about JD Byrider in google searchs. Fat Chance!

December 17, 2004
Kentucky Attorney General Greg Stumbo has filed a consumer protection lawsuit against national used car dealership franchiser, J.D. Byrider, Inc. and the Louisville J.D. Byrider franchise owned by James Maguire. The state says the car dealership engaged in "multiple" violations of Kentucky's consumer protection laws.

The lawsuit alleges that the local franchise engaged in multiple violations of the Kentucky Consumer Protection Act, as well as the federal Magnusson-Moss Warranty Act and Truth in Lending Act which harmed hundreds of consumers. The allegations include the following violations of law:

failing to repair or correct vehicle defects under an implied warranty of merchantability as required by law;
? making unfair, false, misleading and deceptive statements that it had disclaimed all warranties when in fact it was prohibited from disclaiming such warranties as a matter of law;

refusing to recognize customers' right to revoke acceptance of their contract as required by law; making false, misleading and deceptive statements that vehicles were "certified" or "inspected" when such was not the case;

charging consumers unlawful deductibles for warranty repair work;

requiring consumers to purchase credit life insurance and service contracts and failing to disclose these items as a cost of credit in violation of the federal Truth in Lending Act and state law; and

offering unlawful inducements to consumers in the form of referral sales "commissions" in violation of Kentucky statutory law.

The complaint also alleges that the business model of the franchiser, utilized by the local franchise, unfairly makes consumers vulnerable to abusive sales tactics and is unlawful. The complaint charges the business model intentionally targets credit-vulnerable consumers, discourages consumers from choosing cars to purchase, hides or fails to disclose the purchase price, requires detailed financial information and a credit check before disclosing price, sells the "payment" to the consumer, and keeps consumers at the site of the local franchise for hours resulting in unfair contracts for consumers.

The complaint seeks restitution on behalf of consumers including those who were required to pay deductibles for warranty repairs that should have been performed at no cost due to the implied warranty of merchantability and for consumers who attempted to revoke acceptance of a substantially defective vehicle whose attempts were wrongfully denied by the defendants. The complaint alleges that the violations were willful and seeks civil penalties of $2,000 per violation.

The Attorney General's Office has been engaged in negotiations with the local franchise which has voluntarily made some positive changes in its operations addressing the practices noted in the complaint. The attorney general said he hopes to continue to pursue a resolution of all outstanding issues including consumer restitution during the course of the litigation.

Sheila was the above informative reading for you?


Michael

Carmel,
Indiana,
U.S.A.

We Will Assist You If You Contact Us!!

#8REBUTTAL Individual responds

Thu, March 24, 2005

Sheila - I am not sure what the specific details of your case are, but if you can contact our corporate office at 888.227.1222 and give us more information, we will try to resolve your situation to your satisfaction. It sounds like you have experienced some problems with a Wisconsin J.D. Byrider.

As for the story that you pasted from the Internet about the Sandusky OH JD Byrider, those issues have been taken care of - that store was closed and is no longer a JD Byrider!!!

We take these matters very seriously and we want to help consumers. The publicity generated by this web site and by customer service indexing shows that we are on the right track. We will tackle problems head on, we do not avoid them!!

Thanks,
Michael Patrick
JD Byrider Customer Service Manager
888.227.1222

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