The Great Thorn - Rip-off Report Consumer Advocate
Bayville,#2Consumer Suggestion
Fri, September 19, 2003
Now, it is "The Great Thorn's" turn. First we have to keep one thing in the back of our minds. After they get your money is when you will see their true personility. Now let's reveal some info that I am sure car dealers don't want consumers to know. Let's say that you bought a car from your so called friendly car dealer and soon after your purchase you feel you have been Ripped OFF! So you think you can take a car dealer to court and get your case in front of an honest jury, RIGHT? Think again and real hard, then read the below what I found on the net. Print this off and save it if you do not fully understand it have someone you trust read it then explain it to you. "June 7, 2000Chairman Gekas and Members of the Subcommittee, Public Citizen is submitting this testimony because we believe that the use of mandatory pre-dispute arbitration clauses presents a grave problem for consumer rights and public safety. The use of mandatory pre-dispute arbitration clauses is growing at an alarming rate and congressional action is urgently needed. If the trend continues, soon we will have a private justice system adjudicating disputes that is largely controlled by corporations. The below is a true statement I found that I think people should read. 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. Don't EVER think that car dealers hire lawyers to write up car buying contracts that help protect consumers from auto dealer deception. To all car buyers. Go get that real long contract that your so called Friendly "F&I Clown" had you sign and look on the back side for the word "ARBITRATION" If you find the word "ARBITRATION" printed on your contract, guess what? You my fellow AMERICAN have given up any legal rights to take the "SHARK POND" to court and get your case in front of a jury. Car dealers that love ripping off consumers do NOT want you to get your case in front of a jury. "Shark Ponds" and their "Lot Sharks" do not want you to have access to a jury because they can't control, manipulate or bribe a jury. If your so called friendly car dealer wants you to sign a contract that has a built-in arbitration clause in their contract, tell them to SHOVE IT! Also, some arbitrators are in bed with the "Shark Ponds" law firms and you the car buying victim will never find out about it. The bottom line is, Car dealers want to have legal loop holes in their favor so they can rip you off, send false contracts to banks, Rip your credit report a new A hole with or without your permission, Print misleading ads in newspapers, disclose their misleading disclaimers so F,,,ING fast that no one could understand them, steal your trade and so much more!
Joe
Anywhere,#3Consumer Comment
Wed, September 17, 2003
1. Was the interest rate revealed AFTER the dealer receiving the down payment/deposit? It is a good high-pressure sales tactic because a customer is less likely to walk away to avoid loosing the money. 2. Have the F&I manager and salesmen blocke a customer from leaving the F&I office util they signed a contract.