Jennifer
Guadalupe,#2Consumer Suggestion
Mon, August 28, 2006
ADVERTISING CLAIMS: The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) enforces the law with help from the Department of Justice and district attorneys (see Wisconsin Statutes sections 100.18(11) and 100.26). DATCP may seek a variety of court remedies including injunctions, restitution and civil forfeitures. Wisconsin Statutes section 100.18 prohibits deceptive advertising and sales practices, including bait and switch practices. In a typical bait and switch scheme, a seller offers an attractive bargain on an advertised item. But when the customer responds to the advertisement, the seller disparages the advertised item or states that it has sold out. The seller then attempts to sell a substitute item at a higher price. The law may be applied to a variety of deceptive schemes, including bait and switch, lowball advertising, free gift offers, worthless guarantees, business opportunity schemes, deceptive close-out sales, deceptive pricing, deceptive performance claims and others. Consumers who suffer a monetary loss because of a violation of a DATCP rule or special order may sue the violator directly, and may recover twice the amount of the loss, together with costs and attorney fees. See Wisconsin Statutes section 100.20(5). These laws apply to auto repair also. You should be contacting the DATCP. I don't live in Wisconsin but in California it sounds completely illegal. Of course I don't know what the terms or disclaimers were when your Aunt purchased it were but it sounds like a bait and switch to me! Also under the motor vehicle laws it is stated that: No shop may Fail to honor a warranty or service agreement to which the shop is a party. Which to my understanding you bought a service agreement to some extent. You purchased a service card and prepaid for discounted services. The price of oil has gone up, but unless your card stated something to that effect, you shouldn't have to pay extra. I think you should fill out a "Motor Vehicle Repair Complaint" Found on the website and submit it to the DATCP. See what happens. The worse you could be out is 20 minutes and a stamp. On the other end you could get your money back if your claim is legit and stop the shop from issuing these service cards.