Many times, either before or even after litigation has started, there is a need to send a demand letter to either the other lawyer or the dealership. This is an example of a letter to a dealership that was written to try to resolve a case.
Dear Mr. XXXXXX:
The following is the plaintiff’s demand.
This is an example of a demand for AAA Arbitration
DEMAND FOR ARBITRATION
Plaintiff, XXXXXX, in March 2007, entered into a contract with XXXXXXX to acquire a 2002 Nissan Altima. The odometer disclosure does not disclose the amount of the miles. However, the buyer’s order indicates mileage at approximately 53,000 miles. There was an arbitration clause in the buyer’s order but not in the retail installment sales contract. There was no limitation on class actions in the arbitration agreement and the buyer’s order. There was an appearance package which is left blank $595 for a destination charge. There was also $8.30 for online registration in addition to an itemized dock fee of $142 for administration and $56.50 for a computer fee. Subsequent to the transaction, Ms. XXXXX realized there was a problem with the odometer and had the warranty history pulled from another Altima dealership, which indicates the mileage was in excess of 92,000 miles. She went to the dealership demanded they take care of it and they refused to do anything and said there was nothing wrong with it.
1. Please list the individual answering these interrogatories and all the investigations you have undertaken, all the documents you have reviewed and individuals you have spoken to prior to answering these interrogatories.
2. Please list each and every individual with whom the plaintiff spoke to or dealt with in the process of acquiring the subject automobile. Please list the specific person, their first and last name, the specific date of the conversation, the nature of the conversation and all witnesses to this conversation.
3. Please list the specific individuals who were responsible for, participated in or in any ways they perform were present during the installation of the ‘ResistAll Enviroguard’ product. Please specify the specific time, date and place in which this was placed on the plaintiff’s vehicle. Please set forth the process by which this product was applied to the plaintiff’s vehicle. Please set forth the individuals who applied this product to the plaintiff’s vehicle. Please attach any and all documentation supporting the fact that this product was applied to the plaintiff’s vehicle.
LEMON LAW
Did the plaintiff’s vehicle have a nonconformity?
Was the nonconformity or nonconformities first reported to a dealer within the first two years or 18,000 miles of use after the date in which the plaintiff first took delivery of the vehicle, whichever period is shorter?
24. If this question is answered “it is too burdensome” please explain why it would be too burdensome.
25. Describe the online registration process.
26. If this is answered “not relevant” please explain why it is not relevant.
One part of the process of consumer litigation, which is called written discovery, is the exchanging of interrogatories. These are sent to narrow the issues and establish the claim made by the plaintiff.
1. Why did the defendant collect the following from the plaintiff?:
a. Destination and delivery b. Used vehicle preparation c. Credit Bureau Inquiry d. Online Registration e. Data Processing fee f. Administration Fee
COUNT III Class Action CLASS ACTION WAIVER
1. Plaintiff reasserts the facts as set forth CLASS DEFINITION: All those consumers purchasing a car from the defendants in the past six years and signed class action waiver.
2. TIME PERIOD: At a minimum from the date of the transaction to the same date 6 years earlier this period is applicable to the class persons who had a car repaired by the defendants. However, the defendant dealer has been concealing certain information and as such the class period could be greater.
COUNT II Class Action DESTINATION AND DELIVERY
1. Plaintiff reasserts the facts as set forth.
CLASS DEFINITION: All those consumers purchasing a car from the defendants in the past six years and were charged destination and delivery fees.
COUNT I Class Action DOUBLE CHARGE DOCUMENTARY FEES
1. Plaintiff included by reference the facts as set forth above as part of the allegations. Plaintiffs assert that the defendants have violated the NJ Consumer Fraud Act by double charging documentary fees improperly in violation of the Consumer Fraud Act.
CLASS DEFINITION: All those consumers purchasing a car from the defendants in the past six years and were charged a credit inquiry fee and an online registration.
This is an example of a portion of a class action complaint under the consumer fraud act
CARTON & RUDNICK 262 HWY 35 RED BANK, NEW JERSEY 07701 (732) 842-2070 ATTORNEYS FOR PLAINTIFFS OUR FILE NO. 10035
individually and on behalf of others similarly situated,
New Jersey Lemon Law Lawyer Blog