Articles Posted in Consumer Lawyer

In this case the dealer allegedly asserted that the dealer submitted a contract for approval after he canceled the transaction.

TRUTH IN LENDING ACT

The dealer cannot present conflicting contracts to the plaintiff for signature. The implementation of the Truth In Lending Act is very straightforward. There is strict liability for any violations. There are no minor or technical violations. Upon a showing of a violation there is the right to statutory damages, recession and actual damages. There is no requirement that the debtor be misled.

This was submitted in an American Arbitration Association hearing:

FINANCING – CONSUMER FRAUD

The next area of inquiry is the financing, the payoff of the initial contract and the financing of the ‘second deal’. Again, it is not contradicted and admitted by the respondent that the plaintiff signed two retail installment sales contracts, both with differing terms. The differing terms were the cash down on the transaction. The execution of two contracts was self-serving: they wanted to protect themselves if the check bounced. This was premeditated and admittedly so. This was the reason they had two contracts executed.

This is a redacted demand for arbitration JAMS, that was filed in New Jersey for consumer fraud where the car was damaged before the purchase.

This claim arises out of the plaintiff’s purchase of the automobile from XXXXXX. The plaintiff entered into a contract for the purchase of the subject automobile, a 2005 Mini Cooper Hardtop on or about January 9, 2010. The vehicle had 45,927 miles on it and the purchase price was $15,990. As part of the purchase and transaction, the plaintiff asked numerous questions about the vehicle, one specifically as to whether or not the vehicle was involved in a prior automobile accident. The defendant dealership, through their agents, stated that the vehicle had been inspected vigorously and put a ‘PDI’ inspection sticker on the vehicle. The representatives indicated it went through an approximately 150-point inspection and ensured the plaintiff that it was an excellent automobile and the plaintiff would have no problems with it. Specifically, and in response to the plaintiff’s question, the dealership specifically stated that the vehicle had not been involved in an automobile accident. The plaintiff signed the documents, including a buyer’s order which stated in addition to the sales price was $1,580 for E.S.C. The plaintiff paid extra items, such as sales tax of $1,229, registration/title fees of $109, and $189 for documentary fee.

The plaintiff signed an arbitration agreement contained in the buyer’s order indicating all disputes would go through JAMS arbitration except for Magnuson-Moss Warranty Act claims, which are not subject to and/or made under this demand for arbitration.

How to Sue A Car Dealership, Demand for Arbitration

Once you determine that you are going to sue the dealership you need to check if there is an arbitration agreement and then if you want to use the agreement. The two entities are usually JAMS and AAA. They have the forms online to complete and the demand for arbitration is very basic. Sometimes the arbitration agreement exempts certain claims and not others. As an example, usually Mag Moss claims are exempt from arbitration while consumer fraud claims are not exempt, usually. The arbitration agreement will sometimes require the dealer to pay all of the filing fees up to a certain amount, ranging from $1,500 to $2,500.

I have in the past filed one claim in Superior Court and one in arbitration. This is proper and complies with the dealer paperwork. There are advantages and disadvantages to filing this way and this depends on the position taken by defense counsel in each case. The following is an example of a sample demand for arbitration in a case where the car was in an accident despite representation to the contrary by the dealership.

A T & T Class Action: I Phone

A class action has been filed against AT&T regarding I phone billing.

The lawsuit alleges that the customers are being billed when they are not using data.

FORECLOSURE INVESTIGATION

There is a possible foreclosure freeze in New Jersey.

There have been many internet reports of major lending institutions such as JPMorgan, Chase and Bank of America and other large mortgage companies making misleading or fraudulent statements to evict struggling borrowers from their homes.

2 Defendants’ Subpoenas Are Unreasonable and Oppressive Because They Seek to Violate the Privacy Rights of Plaintiff

Plaintiff further objects to the subpoenas on the grounds that they are unreasonable and oppressive because they seek the production of documents which would violate the privacy rights of defendants. Defendants’ subpoenas for employment records must be rejected as unreasonable and oppressive.

Where information of a confidential nature is sought from a non-party, as is the case here with respect to personal records, the party seeking disclosure must make a strong showing of need. See e.g. Litton Industries, Inc., v. Chesapeake and Ohio Co., 129 F.R.D. 528, 530 (E.D. Wisc. 1990). A subpoena should not be used as a general effort by a party to conduct a “fishing expedition” into confidential material. See e.g. Dixon v. Rutgers, 110 N.J. 432 (1988) (protective orders appropriate to protect college peer review materials from excessive disclosure).