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Free Drinks worth $58 million.

The ABA Journal reported that an attorney in Chicago who made a claim against Southwest Airlines pertaining to a change or modification to a free drink coupon policy which resolved the lawsuit at a value up to almost $60 million.

According to ABA Journal, the class action suit which was filed by Mr. Levitt alleging that Southwest Airlines breached the agreement with their customers pertaining to whether or not the airline would agree to honor $5 drink vouchers without expiration dates. According to the ABA Journal, the settlement is based on an estimate of $29 million to $58 million.
Initially, the drink vouchers were provided to customers who purchased special Business Select seats with the airline.

If this claim were filed in the New Jersey state courts, there also would be an allegation of fraud or consumer fraud. It is not clear whether such allegation was made in this particular case. Under New Jersey law under the Consumer Fraud Act, the petitioners of the class action would be seeking treble damages or basically cancellation of the expiration dates of the coupons.

Southwest Airlines disputed allegations in the case and representatives stated that they were very confident that if the case were litigated, Southwest would have prevailed.
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INTERROGATORIES FOR DEALER
1. When did this defendant acquire the subject vehicle?

2. While the vehicle was in the possession of the defendant was the car ever damaged, if so explain how, the amount of damage and how it was fixed, and by whom.

3. Did this defendant ever inspect the vehicle, if so when, why, and the results?

4. Describe all service performed in this car and attach all repair orders
5. List all conversation between the parties and all testimony you will use at the trial
6. List all pre delivery services and products purchased by the plaintiff, list price and documents indicating that the plaintiff agreed to purchase the product and all conversations supporting the claim that plaintiff agreed to purchase the product or service.

7. Was the plaintiff ever told that the car had not been in an accident, and of so by whom?
8. How much money was forwarded to the MFGR to have the car certified?

9. List each employee who was involved in any way with this transaction
10. Explain the certification process and attach all documents supporting same
11. List selling prices for vehicles set forth in demand for documents number 12 .
12. Who was the used car manager who inspected the plaintiff’s vehicle and where is his report?

13. When the dealership acquired the plaintiff’s car did they own a paint thickness meter and if so was it used on the plaintiff’s vehicle?

14. If not why?
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New Jersey is a notice state which means there are very liberal pleading requirements for most claims BUT some specificity is required for fraud. The following is an example of a complaint that was filed against a car dealership in New Jersey.

CARTON AND RUDNICK 788 SHREWSBURY AVENUE BUILDING 2, SUITE 204 TINTON FALLS, N.J. 07724 732-842-2070 FAX: 732-879-0213

ATTORNEYS FOR PLAINTIFFS.

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DEMAND FOR DOCUMENTS

1. Entire deal jacket 2. Any letters received from anyone acting on the plaintiff’s behalf 3. Invoice 4. All repair orders for this car 5. All insurance estimates and damage reports for this car 6. Deal Recap 7. Expert reports 8. Documents to be used at trial 9. Entire service history 10. All documents used in the certification process 11. Communication with the MFGR regarding the final certification and transmittal any proceeds sent to the MFGR.
12. VINS of all of the certified used cars that were sold by the dealership in the one year before the plaintiff’s transaction that either had 1) an accident/damage reported in CARFAX or 2) known damage to the car before the sale to the customer.
13. VINS of all of the certified used cars that were sold by the dealership in the one year before the plaintiffs transaction 14. If you are going to assert that the damage (alleged) done to the plaintiffs vehicle has no effect on the value or the selling price of the car please bring all records for any vehicle that was sold by the dealership with ANY damage disclosed and/or accident on CARFAX.
15. Any advertisement for the plaintiff’s vehicle 16. Book out sheet for the plaintiff’s vehicle to the financing source 17. Copies of any and all GALVES , NADA or any manuals used by the used car manager or any dealer employee to value used cars 18. Copy of the certification manual applicable to the plaintiffs car 19. Website material pertaining to the quality of certified used cars 20. Dealer license 21. Dealer bond Continue reading ›

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New Jersey law defines bait and switch within Administrative Code regulations. As an example, the regulation specifically says that when you advertise a vehicle and it is part of a plan not to sell it or lease it at the advertised price is considered bait and switch.

As an example, if a car dealership would advertise a car for $1, lure potential consumers into the car dealership to purchase a car for $1, and not have it actually ready or available or willing to sell it for $1, this would be considered bait and switch.

There are also terms in the industry such as the golden hammer. An example of this is when there might be a vehicle advertised at a very good price, however, when ultimately, the consumer, arrives at the dealership, it is damaged or has some dings or dents to it and the customer does not want to buy it even at the advertised price.

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Buying a Car is Awful Because… Tell me…

I have represented over a thousand people and have purchased many cars myself. Almost every experience related to me is the same. It sucked. The reasons are different BUT the results are the same. It sucked!! Take a look! Here too about the tricks.

I would describe it as follows:

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