Auto Fraud

I purchased a damaged car. What do I do? Can Carfax and Auto Check Help Me?

June 5, 2023 | Jonathan Rudnick

When buying a damaged used car, it’s important to consider several factors. You should obtain a vehicle history report to determine the scope of the used car’s accident1. It’s also important to consider the accident car’s title status1. A car with a salvage title has undergone extensive damage (such as in an accident or flood), which usually means you can buy it for much less than market value2. However, while saving money on a used car is appealing, you might want to think twice before buying a car with a salvage title2.

Reselling a car with an accident history may be harder in the future1. If you decide to buy a car with a salvage title, it’s important to get a full inspection by a mechanic you trust and check the car’s history2. You should also see when the salvage title was issued2.

If you purchased a used vehicle that turns out to be damaged, you may have some legal options to seek compensation or remedy. Depending on the circumstances of your purchase, you may be able to file a claim against the seller, the manufacturer, or the dealer for breach of contract, fraud, misrepresentation, or warranty violation. However, before taking any legal action, you should first try to resolve the issue with the seller directly. You should contact the seller and explain the problem, provide evidence of the damage, and ask for a refund, repair, or replacement. If the seller refuses to cooperate or denies any responsibility, you should then consult a lawyer who specializes in consumer protection or lemon law cases. A lawyer can help you evaluate your situation and advise you on the best course of action. You may also want to report the seller to your state’s consumer protection agency or attorney general’s office for investigation.

Collecting a judgement against a used car dealer in New Jersey

May 15, 2023 | Jonathan Rudnick

NJ auto dealers must pay any judgment within 90 days of when the court enters it, or face potential legal penalties. This makes it very important for auto dealers to be aware of consumer protection laws and regulations that prohibit auto fraud. Consumers may seek legal action if they experience fraud or deceptive practices from an NJ auto dealer. If a court finds in favor of the consumer, the dealer is responsible for paying the amount of the judgment plus any applicable interest within 90 days. Failure to comply can result in additional legal penalties that could be more costly to the dealership than simply paying the initial judgment. For this reason, it is essential for New Jersey auto dealers to remain up-to-date on applicable laws and conform to best practices in order to protect themselves from any potential legal action. Consumers should also familiarize themselves with the laws to identify and report any practices that may be considered fraudulent or deceptive. By ensuring all parties act responsibly, we can maintain a safe and fair marketplace for auto sales in New Jersey.

Auto fraud is a serious problem across the state of New Jersey, and it is essential that all individuals follow the laws in order to protect their rights. With this ruling, it is clear that judgments can be collected for violations of consumer protection laws. Consumers should be informed about their rights and take advantage of legal assistance if they feel they have been victims of auto fraud or other unscrupulous practices. Taking action now will help prevent costly judgments from being issued in the future.

This decision serves as an important reminder that businesses must abide by applicable rules and regulations at all times in order to stay compliant with state standards. The potential consequences for violating these laws are severe, so dealerships should ensure proper procedures are followed to avoid legal proceedings.

Consumer Fraud Trial Lawyer: Trying a Consumer Fraud Jury Trial Against a Car Dealership

February 20, 2021 | Jonathan Rudnick

Consumer fraud trials can be complicated, LONG and a challenge. There are Rules of Court that must be followed, rules of evidence and Model Jury Instructions. A trial has very little to do with everyday common sense. There are strict rules to address what arguments can be made, what facts can be presented to the judge and jury and burdens of proof and persuasion. It takes years of in court experience to understand a trial, especially a Consumer For a Trial.

A Consumer Fraud Trial has a large amount of very technical requirements/proof/burdens. As in most cases, the plaintiff has the burden. However in some areas of a Consumer Trial the burden is lowered because of the practical considerations the legislature has determined are necessary for the enforcement of the consumer fraud act.

A good example is Proximate Cause. In most lawsuits, and in most causes of action there is a requirement for proximate cause. Proximate cause requires that the actions of the defendant caused the damage to the plaintiff or the victim. There are specific jury instructions that address this issue. However, in Consumer Fraud Trials the standard/burden has been lowered by the New Jersey courts.

How are car-salesman paid?

January 9, 2021 | Jonathan Rudnick

How are salesman paid in the car industry. I just posted a long article about a salesman not been paid properly. This is a simple letter, simple questions that car salesman are curious about one consulting about suing a car dealership

www.consumer-attorney.com

https://www.consumer-attorney.com/how-are-car-salesman-paid-how-much-money-do-car-salesman-make.html

Demand for Arbitration Statement to the Arbitrator – American Arbitration Association

August 19, 2017 | Jonathan Rudnick

STATEMENT OF THE CASE

This case arises out of the plaintiff’s purchase of the 2005 Pontiac Bonneville from the defendants on or about July 1, 2014. At the time the purchase the vehicle had 78,811 miles. The purchase price of the automobile was $9,995. The finance charges over the life of the contract were $4,712. The plaintiff was obligated to make monthly payments on the first of the month beginning August 1, 2014 in the amount of $340.00.

The plaintiff continued to the payments from August until October however a dispute arose when the plaintiff wanted the defendant to pay for broken motor mounts for $222.00. The plaintiff signed retail installment sales contract evidencing the nature and extent of the payments however he was not provided with a copy of the contract. The plaintiff also signed a buyer’s order indicating that there was a documentary service fee of $295.

The plaintiff refused to pay for the broken motor mounts demanding that the dealership pay. The plaintiff fell behind on payments and the vehicle was repossessed on or about November 9, 2014. The car was supposedly resold about six months later. Post repossession and sale were allegedly sent to the plaintiff. However the defendant dealership sent them to the wrong address. After the vehicle was sold, more than 6 months later, another letter was sent to the plaintiff providing a breakdown of the sale however it was sent to the wrong address.

The notices sent to the plaintiff demanded a gate fee of $65 for the plaintiff to access his vehicle in order to obtain his belongings. The defendant dealership completed various documents with the Division of Motor Vehicles to obtain title to the automobile. Their certification was falsified in obtaining the documentation to get the title to resell the vehicle.

The plaintiff is obtained from the DMV a record of the vehicles which were purchased and sold by the defendant dealership which also indicates the time of the purchase and the resale. (Highlighted VINS)(1-16, 81-82 OPRA DEMAND) It appears as though the defendant engaged in a pattern of practice of selling vehicles repossessed in the maintaining them for a significant period of time probably on their lot.

GOP panel delays tort reform bill after conservative backlash | TheHill

March 23, 2016 | Jonathan Rudnick

The House Judiciary Committee on Tuesday abruptly postponed a markup.

Source: GOP panel delays tort reform bill after conservative backlash | TheHill

Vote Hemp: Information: Resources: 2014 Farm Bill – Section 7606

March 22, 2016 | Jonathan Rudnick

On February 7, 2014, President Obama signed the Farm Bill of 2014 into law. Section 7606 of the act defines industrial hemp as distinct and authorizes institutions of higher education or State departments of agriculture in states where hemp is legal to grow hemp for research or agricultural pilot programs.

Source: Vote Hemp: Information: Resources: 2014 Farm Bill – Section 7606

Arbitration as rudderless justice:

March 17, 2016 | Jonathan Rudnick

PRIVATIZED JUSTICE AS RUDDERLESS – JUDGE-LESS JUSTICE

The existence and effects of arbitration agreements cannot now be disputed. Both the state and federal courts have unanimously affirmed the applicability of arbitration clauses, the enforceability of arbitration clauses to the extent to which the system favors sending matters to arbitration. There has been much written both scholarly and newsworthy articles about the implementation of the Federal Arbitration Act and the implementation of the general concept of arbitration as a method of privatized justice.

I would estimate that a majority of the opinions on arbitration clauses address the entire unfairness of the implementation. The question is something as follows; how can these big businesses use arbitration clauses and shield themselves from judges, juries and the impact of class actions?

The answer appears to be rather simplistic; because they can. The system has given these entities an out. There is a loophole. The corporations have taken advantage of specific holdings of the court to reduce their liability, reduce their exposure to lawsuits and class actions. One cannot fault a corporation or any business or entity or individual from taking advantage of this particular law. It applies to everybody across the board and is intended to reduce the burden on the courts. It is based on the underlying concept that individuals and entities are free to contract their rights away. It is a free country? Individuals are free to bargain away whatever rights they want? This is America. This is a free country.

So I guess, inherently, I do not have a tremendous issue with the existence and implementation of arbitration laws as they are there are used by businesses to avoid the civil justice system. The results might be good the results might be bad but I think we are asking the wrong question.

I would submit that we are asking the wrong question. The question should be what is the social cost of arbitration? If we truly look at the cost of arbitration, the cost of privatized justice in terms of the rule of law and a social contract between us it would be difficult to understand how anybody would think that arbitration is a good thing. Honestly, I think the implementation of a wide scale base privatized justice, and the obliteration of open court system results in anarchy. This is the job of Judge NOT a lawyer to make decisions. Judges are our saving grace. Continue reading ›

What is odometer fraud and what is consumer fraud?

March 7, 2016 | Jonathan Rudnick

Short Answer about consumer fraud and odometer fraud

What is odometer fraud? Selling or transferring a car knowing that the odometer is wrong or has been altered

Is odometer fraud consumer fraud? Selling or transferring a car knowing that the odometer is wrong or has been altered or JUST selling a vehicle with an incorrect odometer reading.

In certain ways odometer fraud is a very simple concept. They are both state and federal laws dealing with odometer fraud. The basic concept is that if a seller of an automobile, or a transferor of an automobile, or where that the odometers and correct or has been tampered with in any way, there is an obligation to disclose same on the odometer disclosure statement. If you disclose same on the odometer disclosure statement that the mileage is improper were not accurately reflected on the vehicle would not have any liability either under the federal or state odometer law.
The federal law on odometer fraud requires the proving of knowledge of the mileage. However, the liability under state law does not require the same level of proof. Obviously, if you prove that an individual sold the vehicle or transferred the vehicle knowing the mileage was incorrect there is a claim for fraud. The basic defense to this claim is that there was disclosure. Naturally fraud claims carry the penalty punitive damages. However, it gets dicey when you are dealing with transferring or selling used motor vehicles where the seller claims ignorance or were unaware of the odometer discrepancy.

Indiana Asbestos Exposure Repose Law Unconstitutional | Bloomberg BNA

March 5, 2016 | Jonathan Rudnick

Source: Indiana Asbestos Exposure Repose Law Unconstitutional | Bloomberg BNA