The Truth in Lending Act is liberally construed to protect consumers Burnett v. Ala Moana Pawn Shop, 3 F.3d 1261, 1262 (9th Cir. 1993). Congress enacted the Truth in Lending Act (15 U.S.C. § 1601 et seq. (TILA)) in recognition that uniform credit disclosures would enhance “the competition among the…
The Asbury Park Press is reporting that there have been indictments of Michael Kouvaras, 55, of Maplewood and Salvatore Rivello, 56, of Matawan. They were indicted for theft by deception, identity theft, deceptive business practices and defrauding secured creditors. I will be getting a copy of the indictment form the…
You have a range of choices, none of which are really attractive. Return to the dealership and confront the management. You need to be very confident and have the ability to negotiate against skilled salesmen and do it under stress. You don’t have a chance. You know it and the…
This depends on your comfort level in negotiating with experienced salesmen and your ability to have the car inspected that you are purchasing. As a general matter, in my opinion, this is not a good purchase. The term “certified” means almost nothing. In the context of a used car sale…
Guess what? In the car business dealer stake as many liberties with their employees as they do with the customers. There are two basic profit centers: the front end and the back end. The salesmen get paid on the front end only. This is the “cost” of the car, as…
Affirmative misrepresentations are actionable under the New Jersey Consumer Fraud Act. See, Cox v. Sears, 92 N.J. Super 1, (1994). In order for an affirmative misrepresentation to be actionable under the New Jersey Consumer Act, it must be 1) material to the transaction; 2) fact; and 3) false. See Gennari…
It’s never-ending. How many of these stories do we see on a daily basis on the internet and read in the newspapers? Charged with fraud: his name is Vahid Sedaghat, 52, and the criminal complaint was filed in Ramsey Country District Court. Please remember: innocent until proven guilty.
TECHNOLOGY Reasonably priced technology assures that dealers are aware of any damage to a car that they sell. An Elcometer. This device measures the thickness of the paint on the car. There are manufacturer standards for paint thickness. There are standards for consistency on a car. This device can absolutely…
The answer is simple: YES, YES, YES. AUTOMOTIVE INDUSRTY STANDARDS Dealers are required to inspect the cars before they sell them to the public. Industry standards mandate this result. They are in the best position and have the expertise to make these safety inspections. This aside, common sense mandates this…
According to the ledger.com John Giovanetti, former owner of Big Oaks Buick Pontiac GMC, Inc., located at Bartow, Florida, was found guilty by a federal jury of wire fraud and bank fraud. According to this story, Mr. Giovanetti was using advances from his credit line to run the dealership rather…