Kevin
Orlando,#2Consumer Suggestion
Sat, June 11, 2005
Melissa, here is the information on the JD Byrider lawsuits-there are more than one. In Kentucky: News and Events Stumbo Sues J.D. Byrider for Consumer Protection Act Violations. Seeks Refunds for Consumers and Civil Penalties. FRANKFORT, KY (Thursday, December 16, 2004) Kentucky Attorney General Greg Stumbo today announced the filing of a Consumer Protection lawsuit against national used car dealership franchisor, J.D. Byrider, Inc. and the Louisville J.D. Byrider franchise owned by James Maguire. Both Maguire and his son, J. Marc Maguire, are named as defendants along with several corporations and limited liability companies (LLC's) owned and controlled by the Maguires. The suit was filed today in Jefferson Circuit Court. 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 franchisor, utilized by the local franchise, unfairly makes consumers vulnerable to abusive sales tactics and is unlawful. The complaint alleges that 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 hopes to continue to pursue a resolution of all outstanding issues including consumer restitution during the course of the litigation. For more information, please contact us at: Office of the Attorney General State Capitol, Suite 118 Frankfort, Kentucky 40601 (502) 696-5300 Any of this sound familiar Melissa???? Kentucky is ongoing-more information should be available soon. In Ohio: The lawsuit was settled in Feb. 2005 against all Ohio JD Byrider locations, fines exceeded $600,000. To view the summary of the suit go to: http://www.ag.state.oh.us/press_releases/2005/ pr20050209c.htm Regarding the information they told you about filing bankruptcy. If you file BK 7 and list CNAC as a creditor included in the BK, they cannot come after you years later. The debt will be discharged-gone from your obligations. If you plan to file, do it soon because bankruptcy laws are changing-not in your favor. Good luck in going after them!