Articles

It’s official. NHTSA has issued the final rule. And the dealers who are fighting against legislation to stop them from selling unsafe recalled used cars to the public were wrong. Contrary to their claims, NHTSA opted not to create a single, centralized database, since the vast majority of auto manufacturers already make safety recall info […]

A recent Georgia case demonstrates just how far RV manufacturers and RV dealers will go to insulate themselves from liability for warranty claims and other RV defects. In this case the consumer bought the coach for approximately $200,000 from a Georgia dealer. At the closing, the consumers were never allowed to hold the documents. The […]

Georgia Law requires that all sellers of gasoline-powered cars and light-duty trucks (8,500 pounds gross vehicle weight rating (GVWR) or less), regardless if they are a private party, dealership or auctioneer, must sell a vehicle with a current, valid passing Georgia Vehicle Emission Inspection Report (VIR) if the buyer is going to register the vehicle […]

Federal Odometer Act Minimum Damages Increased to $10,000 Violations of the federal Odometer Act can now lead to private remedies of the greater of treble damages or $10,000. This change was enacted by Pub. L. No. 112-141 (July 6, 2012), effective on October 1, 2012.[1] Prior to that, the statute had specified minimum damages as […]

We have previously reported about Autofraud involving emissions testing.  In a recent case involving the sale of a used car that did not pass emissions to a consumer that lived in a “clean air” county, the court upheld the consumer assertion that this was an unfair business practice.  In the case of Urbani v. Guaranteed […]

It is our position that there should not be any confidentiality in settlements of auto dealer fraud cases. In the typical consumer case, the auto dealer will want to condition its agreement to pay money to the consumer as compensation or reimbursement for damages caused by the dealer’s wrongful/illegal conduct on the consumer’s agreement not […]

“De-horsing” is a known car dealer coercion technique designed to high pressure a consumer into buying a car NOW. I recently handled an extreme example of de-horsing. In this example the consumer allowed the dealer to take her keys, ostensibly to value her car for a trade in.  The sales staff then refused to return […]

We get hundreds of calls a month from consumers who feel they have been wronged by a dealer. Sometimes there is nothing we can do. Today I received a call from a young lady who had purchased a car from a LaGrange Georgia dealership. The car was a piece of junk and required thousands in […]

Georgia’s new state False Claims Act, effective July 1, 2012, extends well beyond most state “qui tam” laws. Qui tam laws are laws designed to allow citizens to make complaints on behalf of governments seeking to recover monies fraudulently obtained from the governments, most often in billing practices. Importantly, the “Georgia Taxpayer Protection False Claims […]

Today I wish to report on a small victory for the consumer. My consumer client purchased a used car from a Gwinnett County used car dealer. She told the dealer she needed a reliable car. She asked if the specific car had ever been wrecked. She remarked that the paint looked new. The dealer responded […]