Financial institutions are attempting to monitor or unusual transaction. Earlier this month, Home Depot confirmed its payment systems were breached and said some 56 million payment cards were likely compromised in a cyberattack at its stores, suggesting the hacking attack at the home improvement chain was larger than last year's unprecedented breach at Target Corp
Wednesday, September 24, 2014
Home Depot Checks and Data Breach Class Action
A data breach at home improvement retailer Home Depot Inc has led to fraudulent transactions across the United States, and c riminals have used stolen card information to buy prepaid cards, electronics and even groceries. See Reuters.com, Home Depot Hack Is
Letting Criminals Drain Money From People's Bank Accounts.
Financial institutions are attempting to monitor or unusual transaction. Earlier this month, Home Depot confirmed its payment systems were breached and said some 56 million payment cards were likely compromised in a cyberattack at its stores, suggesting the hacking attack at the home improvement chain was larger than last year's unprecedented breach at Target Corp.
Those victimized may be entitled to compensation for improperly paid checks, damages for inconvenience, and other damages.
WERE YOU VICTIMIZED BY THE HOME DEPOT FRAUD, YOU MAY BE ENTITLED TO COMPENSATION, (973) 598-1980
Financial institutions are attempting to monitor or unusual transaction. Earlier this month, Home Depot confirmed its payment systems were breached and said some 56 million payment cards were likely compromised in a cyberattack at its stores, suggesting the hacking attack at the home improvement chain was larger than last year's unprecedented breach at Target Corp
Thursday, September 18, 2014
Automobile False Advertising Claims
13:45A-26A.1 Scope
Without limiting any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., the rules contained in this subchapter set forth motor vehicle advertising practices which are prohibited as unlawful under the Consumer Fraud Act; the rules also include mandatory disclosure in advertisements of certain information relating to advertised motor vehicles as well as on-site disclosures relating to advertised motor vehicles.
§ 13:45A-26A.2 Application
(a) These rules shall apply to the following advertisements:
1. Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published, circulated or distributed within this State concerning motor vehicles offered for sale or lease at locations exclusively within this State; and
2. Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published, circulated or distributed to any substantial extent within this State concerning motor vehicles offered for sale or lease at locations within this State and outside this State, or at locations exclusively outside the State.
§ 13:45A-26A.3 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Advertised motor vehicle" means any new or used motor vehicle offered for sale or lease and specifically identified by an advertised price. With respect to an advertisement which offers a group of new or used vehicles for sale or lease covering a specified price range (for example, "1995 Metros for sale--$ 10,000 to 12,999," or "Lease a new Olds for $ 298 a month and up."), the least expensive motor vehicle in that advertised range is considered to be an advertised motor vehicle.
"Advertised price" means the dollar amount required to purchase or lease a motor vehicle, advertised as:
1. The total price; or
2. The monthly payment price; or
3. The deferred payment price; or
4. A specific discount or savings on the manufacturer's suggested retail price.
"Advertisement" means any advertisement as defined by N.J.S.A. 56:8-1(a) of any motor vehicle, including any statement appearing in a newspaper, periodical, pamphlet, circular or other publication, paper, sign, radio or television broadcast, electronic medium or delivered to or through any computer, which offers a motor vehicle for sale or lease at retail.
"Advertiser" means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in the sale, leasing or financing of motor vehicles at retail or who in the course of any 12 month period offers more than three motor vehicles for sale or lease or who is engaged in the brokerage of motor vehicles whether for sale or lease and who causes an advertisement to be made for the retail sale or lease of motor vehicles. An advertising agency and the owner or publisher of a newspaper, magazine, periodical, circular, billboard or radio or television station acting on behalf of an advertiser shall be deemed an advertiser within the meaning of this subchapter, when the agency or owner's or publisher's staff prepares and places an advertisement for publication. The agency, owner, or publisher shall not be liable for a violation of this subchapter when reasonably relying upon data, information or material supplied by the person for whom the advertisement is prepared or placed or when the violation is caused by an act, error or omission beyond the preparer's control, including but not limited to, the post-publication performance of the person on whose behalf such advertisement was placed.
"Broker" means a person who in the course of any 12 month period arranges or offers to arrange the retail sale or lease of more than three motor vehicles from the inventory of other business entities.
"Closed-end lease" means a lease in which the lessee is not responsible for the value of the motor vehicle at the end of the lease term unless there is excessive damage, wear and tear, or mileage.
"Dealer" means any person who in the ordinary course of business is engaged in the sale or leasing of motor vehicles at retail or who in the course of any 12-month period offers more than three motor vehicles for sale or lease at retail.
"Demo" means a motor vehicle used exclusively by a dealer or dealer's employee that has never been titled and to which the new vehicle warranty still applies.
"Dealer-installed option" means optional equipment installed by the dealer at an additional cost.
"Lease" means a contract for the use of a motor vehicle for a period of time exceeding four months whether or not the lessee may become the owner of the motor vehicle at the expiration of the lease.
"Lessee" means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d), who leases a motor vehicle from a broker or dealer.
"Open-end lease" means a lease in which the lessee may owe additional amounts that is, a "balloon" payment, depending on the value of the motor vehicle at the end of the lease term.
"Monroney label" is the label required by Section 3 of the Automobile Information Disclosure Act, 15 U.S.C. §§ 1231-1233.
"Motor vehicle" means any vehicle driven otherwise than by muscular power, excepting such vehicles as those which run only upon rails or tracks.
"MSRP" means the manufacturer's suggested retail price.
"Period of publication" means two calendar days prior to the date of first publication of an advertisement and midnight of the third calendar day following the date of final publication; in the case of a special offer, the period of publication shall extend until midnight of the date the special offer ends.
"Person" means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d).
"Rebate" means any payment of money by the manufacturer to or on behalf of a consumer who has bought or leased a motor vehicle, whether called "rebate", "factory rebate", "cash back", "money back", or a term of similar import.
"Sale" means a sale as defined by N.J.S.A. 56:8-1(e) of any motor vehicle.
"Special offer" means any advertisement of a reduction from the usual selling price for an applicable time period, whether called "sale", "sale days", "bargain", "bargain days", "special offer", "discount", "reduction", "clearance", "prices slashed", "special savings", or a term of similar import.
"Taxes, licensing costs and registration fees" means those usual taxes, charges and fees payable to or collected on behalf of governmental agencies and necessary for the transfer of any interest in a motor vehicle or for the use of a motor vehicle.
"Used motor vehicle" means any motor vehicle with an odometer reading of greater than 1,000 miles, except for a "demo".
13:45A-26A.4 Bait and switch
(a) The following motor vehicle advertising practices constitute "bait and switch" and are prohibited and unlawful:
1. The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price.
2. Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not to sell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price:
i. Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of the advertisement, unless the vehicle has been actually sold or leased during the period of publication; in that case, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction, and shall make them available for inspection by the Division of Consumer Affairs.
ii. Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle, except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser.
iii. The failure to make delivery of an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle; except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser.
13:45A-26A.5 Advertisements; mandatory disclosure requirements in all advertisements for sale
(a) In any advertisement in which an advertiser offers a new motor vehicle for sale at an advertised price, the following information must be included:
1. The advertiser's business name and business address;
2. A statement that "price(s) include(s) all costs to be paid by a consumer, except for licensing costs, registration fees, and taxes". If this statement appears as a footnote, it must be set forth in at least 10 point type. For purposes of this subsection, "all costs to be paid by a consumer" means manufacturer-installed options, freight, transportation, shipping, dealer preparation, and any other costs to be borne by a consumer except licensing costs, registration fees, and taxes;
3. The manufacturer's suggested retail price as it appears on the Monroney label, clearly denominated by using the abbreviation "MSRP";
4. The year, make, model, and number of engine cylinders of the advertised motor vehicle;
5. Whether the transmission is automatic or manual; whether the brakes and steering mechanism are power or manual; and whether the vehicle has air conditioning, unless those items are standard equipment on the advertised motor vehicle. This provision shall not apply to advertisements for motorcycles;
6. The last eight digits of the vehicle identification number, preceded by the letters "VIN". This provision shall not apply to radio and television broadcasts, or to advertisements for motorcycles;
7. A list of any dealer installed options on the advertised motor vehicle and the retail price of each, as determined by the dealer.
(b) In any advertisement offering for sale a used motor vehicle at an advertised price, the information described in (a)1, 2, 4, 5 and 6 above must be included, as well as the following additional information:
1. The actual odometer reading as of the date the advertisement is placed for publication; and
2. The nature of prior use unless previously and exclusively owned or leased by individuals for their personal use, when such prior use is known or should have been known by the advertiser.
(c) In any advertisement offering a "demo" for sale, the information listed in (a) above must be included, as well as:
1. Identification as a "demo"; and
2. The actual odometer reading as of the date the advertisement is placed for publication.
(d) It shall be an unlawful practice to fail to include the information required by this section.
§ 13:45A-26A.6 Advertisements: mandatory disclosure in advertisements for lease of a new or used motor vehicle
(a) In any advertisement offering a new or used motor vehicle for lease, at an advertised price, the following information shall be included:
1. That the transaction advertised is a lease;
2. The amount of any payment required at the inception of the lease or that no payment is required if that is the case;
3. The number, amounts, due dates or periods of scheduled payments and the total of such payments under the lease;
4. A toll-free number that may be used by consumers to obtain the information required under (f) below; and
5. The business name and, if an individual dealer, the address of the advertiser.
(b) In all written advertisements the information required in (a) above shall be prominently displayed in at least 10 point type and shall be easy to find, read and understand.
(c) If the advertiser elects to use a full disclosure format in a written advertisement, then the information in (f) below shall be prominently displayed in at least 10 point type and must be easy to find, read and understand.
(d) An advertisement which is not in writing shall clearly and audibly state the information in (a) above at a decibel level equal to the highest decibel level used in the advertisement and at a speed equal to or slower than any other statement contained in the advertisement. In a television broadcast, the information shall be prominently and conspicuously displayed for at least five continuous seconds for each model advertised.
(e) The toll free number required pursuant to (a)4 above shall be operational not later than the date on which the advertisement is broadcast or published. The advertiser shall:
1. Maintain the toll free number for 48 hours after the last day of the advertisement;
2. Ensure that the toll free number is operational from 9:00 A.M. to 9:00 P.M. Monday through Saturday;
3. Provide the information required under (f) below in a clear and audible manner, to any person who calls the toll free number; and
4. If requested, provide the information required under (f) below in written form to be mailed, postage paid, to the consumer's address.
(f) Information provided through the use of a toll free telephone number shall include:
1. The advertiser's business name and address;
2. Identification of the transaction as a lease;
3. Whether or not the advertised price refers solely to a business lease;
4. Whether it is an open-end or closed-end lease;
5. The number, amounts, due dates or periods of scheduled payments and the total of such payments under the lease;
6. All other itemized payments such as security deposits or capitalized cost reduction required at the initiation of the lease;
7. The cost of the lease which shall include the sum of (f)5 and 6 above;
8. The manufacturer's suggested retail price as it appears on the Monroney label; when given in writing to the consumer, clearly denominated by using the abbreviation "MSRP";
9. A statement that "price(s) include(s) all costs to be paid by the consumer, except for licensing, registration and taxes." When given in writing to the consumer, it must be set forth in at least 10 point type;
10. Whether the lessee has the option to purchase the advertised motor vehicle and at what price and time; the method of determining the price may be substituted for disclosure of the price;
11. The amount (including termination charge, if any) or method of determining any liability imposed upon the lessee at the end of the term and a statement that the lessee shall be liable for the difference, if any, between the estimated value of the leased motor vehicle and its realized value at the end of the lease term, if the lessee has such liability;
12. A statement of the items included as standard equipment on the advertised motor vehicle;
13. Whether the transmission is automatic or standard; whether the brakes and steering mechanism are power or manual and whether the vehicle has air conditioning, unless such items are included under *(f)12* above. This provision shall not apply to motorcycles;
14. The year, make, model and number of engine cylinders of the advertised vehicle;
15. The last eight digits of the vehicle identification number or "VIN." This provision shall not apply to motorcycles;
16. If the advertised vehicle is a used vehicle, the actual odometer reading at the date of placing the advertisement for publication; and the nature of prior use, unless previously and exclusively owned or leased by individuals for their personal use, when such use is known or should have been known by the advertiser; and
17. If the advertised vehicle is a "demonstration vehicle" or "demo," identification of the vehicle as a "demonstration vehicle" or "demo;" and the actual odometer reading at the date of placing the advertisement for publication.
(g) It shall be an unlawful practice to fail to include the information required by this section.
§ 13:45A-26A.7 Unlawful advertising practices
(a) In any type of motor vehicle advertising, the following practices shall be unlawful:
1. The use of any type size, location, lighting, illustration, graphic depiction or color so as to obscure or make misleading any material fact;
2. The setting forth of an advertised price which has been calculated by deducting a down payment, trade-in allowance or any deductions other than a manufacturer's rebate and dealer's discount;
3. The setting forth of an advertised price which fails to disclose, adjacent to the advertised price, that it has been calculated by deducting a manufacturer's rebate or dealer's discount;
4. The failure to state all disclaimers, qualifiers, or limitations that in fact limit, condition, or negate a purported unconditional offer (such as a low APR or high trade-in amount), clearly and conspicuously, next to the offer and not in a footnote identified by an asterisk. Such disclosure shall be made verbally in a radio or television advertisement. Identical information pertaining to all motor vehicles in a group of advertised motor vehicles, however, may appear in a footnote, provided the type is no smaller than 10 point;
5. The failure to state the applicable time period of any special offer, in at least 10-point type immediately adjacent to the special offer, unless the special offer is a manufacturer's program;
6. The use of the word "free" when describing equipment or other item(s) to be given to the purchaser or lessee of a motor vehicle, if the "free" item has a value which has increased the advertised price. In using the word "free" in advertising, the advertiser shall comply with the Federal Trade Commission Rule, 16 CFR § 251, and any amendments thereto;
7. The failure to disclose that the motor vehicle had been previously damaged and that substantial repair or body work has been performed on it when such prior repair or body work is known or should have been known by the advertiser; for the purposes of this subsection, "substantial repair or body work" shall mean repair or body work having a retail value of $ 1,000 or more;
8. The use of the terms "Public Notice", "Public Sale", "Liquidation", "Liquidation Sale", or terms of similar import, where such sale is not required by court order or by operation of law or by impending cessation of the advertiser's business;
9. The use of terms such as "Authorized Sale", "Authorized Distribution Center", "Factory Outlet", "Factory Authorized Sale", or other term(s) which imply that the advertiser has an exclusive or unique relationship with the manufacturer;
10. The use, directly or indirectly, of a comparison to the dealer's cost, inventory price, factory invoice, floor plan balance, tissue, or terms of similar import; or the claim that the advertised price is "wholesale" or "at no profit";
11. The use of the terms "guaranteed discount", "guaranteed lowest prices" or other term of similar import unless the advertiser clearly and conspicuously discloses the manner in which the guarantee will be performed and any conditions or limitations controlling such performance; this information shall be disclosed adjacent to the claim and not in a footnote;
12. The use of the statement "We will beat your best deal", or similar term or phrase if a consumer must produce a contract that the consumer has signed with another dealer or lessor in order to receive the "better" deal;
13. The use of such terms or phrases as "lowest prices", "lower prices than anyone else" or "our lowest prices of the year", or similar terms or phrases if such claim cannot be substantiated by the advertiser.
§ 13:45A-26A.8 Certain credit and installment sale advertisements
(a) The following information must be stated in any credit and installment sale advertising. It must appear adjacent to the description of the advertised motor vehicle and not in a footnote or headline unless the information is the same for all motor vehicles advertised. If in a footnote, it must be in at least 10-point type. Failure to include this information shall be an unlawful practice.
1. The total cost of the installment sale, which shall include the down payment or trade-in or rebate, if any, plus the total of the scheduled periodic payments;
2. The annual percentage rate;
3. The monthly payment figure and the number of required payments; and
4. The amount of any down payment or trade-in required or a statement that none is required.
(b) The following motor vehicle advertising practices concerning credit and installment sale advertisements shall be unlawful:
1. The advertising of credit, including but not limited to such terms as "easy credit" or "one-day credit", other than that actually provided by the advertiser on a regular basis in the ordinary course of business;
2. The use or statement of an installment payment on any basis other than a monthly basis.
§ 13:45A-26A.9 On-site disclosures
(a) The following information relating to an advertised motor vehicle must be provided at the main entrance(s) to the business premises where the motor vehicle is displayed or in proximity to the vehicle or on the vehicle itself:
1. A copy of any printed advertisement that quotes a price for the sale or lease of that vehicle; alternatively, a tag may be attached to the motor vehicle(s) stating the advertised price as well as the other information required in N.J.A.C. 13:45A-26A.5 or 26A.6.
2. A fuel economy label, if required by the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 2006; and
3. The Used Car Buyers Guide, if required by the Federal Trade Commission's Used Car Rule, 16 C.F.R. Part 455.2.
(b) A dealer shall not advertise a new motor vehicle which does not have the Monroney label, if required by the Automobile Information Disclosure Act, 15 U.S.C. §§ 1231-1233.
(c) It shall be an unlawful practice to fail to comply with the disclosures required by this section.
Without limiting any other practices which may be unlawful under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., the rules contained in this subchapter set forth motor vehicle advertising practices which are prohibited as unlawful under the Consumer Fraud Act; the rules also include mandatory disclosure in advertisements of certain information relating to advertised motor vehicles as well as on-site disclosures relating to advertised motor vehicles.
§ 13:45A-26A.2 Application
(a) These rules shall apply to the following advertisements:
1. Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published, circulated or distributed within this State concerning motor vehicles offered for sale or lease at locations exclusively within this State; and
2. Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published, circulated or distributed to any substantial extent within this State concerning motor vehicles offered for sale or lease at locations within this State and outside this State, or at locations exclusively outside the State.
§ 13:45A-26A.3 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Advertised motor vehicle" means any new or used motor vehicle offered for sale or lease and specifically identified by an advertised price. With respect to an advertisement which offers a group of new or used vehicles for sale or lease covering a specified price range (for example, "1995 Metros for sale--$ 10,000 to 12,999," or "Lease a new Olds for $ 298 a month and up."), the least expensive motor vehicle in that advertised range is considered to be an advertised motor vehicle.
"Advertised price" means the dollar amount required to purchase or lease a motor vehicle, advertised as:
1. The total price; or
2. The monthly payment price; or
3. The deferred payment price; or
4. A specific discount or savings on the manufacturer's suggested retail price.
"Advertisement" means any advertisement as defined by N.J.S.A. 56:8-1(a) of any motor vehicle, including any statement appearing in a newspaper, periodical, pamphlet, circular or other publication, paper, sign, radio or television broadcast, electronic medium or delivered to or through any computer, which offers a motor vehicle for sale or lease at retail.
"Advertiser" means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in the sale, leasing or financing of motor vehicles at retail or who in the course of any 12 month period offers more than three motor vehicles for sale or lease or who is engaged in the brokerage of motor vehicles whether for sale or lease and who causes an advertisement to be made for the retail sale or lease of motor vehicles. An advertising agency and the owner or publisher of a newspaper, magazine, periodical, circular, billboard or radio or television station acting on behalf of an advertiser shall be deemed an advertiser within the meaning of this subchapter, when the agency or owner's or publisher's staff prepares and places an advertisement for publication. The agency, owner, or publisher shall not be liable for a violation of this subchapter when reasonably relying upon data, information or material supplied by the person for whom the advertisement is prepared or placed or when the violation is caused by an act, error or omission beyond the preparer's control, including but not limited to, the post-publication performance of the person on whose behalf such advertisement was placed.
"Broker" means a person who in the course of any 12 month period arranges or offers to arrange the retail sale or lease of more than three motor vehicles from the inventory of other business entities.
"Closed-end lease" means a lease in which the lessee is not responsible for the value of the motor vehicle at the end of the lease term unless there is excessive damage, wear and tear, or mileage.
"Dealer" means any person who in the ordinary course of business is engaged in the sale or leasing of motor vehicles at retail or who in the course of any 12-month period offers more than three motor vehicles for sale or lease at retail.
"Demo" means a motor vehicle used exclusively by a dealer or dealer's employee that has never been titled and to which the new vehicle warranty still applies.
"Dealer-installed option" means optional equipment installed by the dealer at an additional cost.
"Lease" means a contract for the use of a motor vehicle for a period of time exceeding four months whether or not the lessee may become the owner of the motor vehicle at the expiration of the lease.
"Lessee" means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d), who leases a motor vehicle from a broker or dealer.
"Open-end lease" means a lease in which the lessee may owe additional amounts that is, a "balloon" payment, depending on the value of the motor vehicle at the end of the lease term.
"Monroney label" is the label required by Section 3 of the Automobile Information Disclosure Act, 15 U.S.C. §§ 1231-1233.
"Motor vehicle" means any vehicle driven otherwise than by muscular power, excepting such vehicles as those which run only upon rails or tracks.
"MSRP" means the manufacturer's suggested retail price.
"Period of publication" means two calendar days prior to the date of first publication of an advertisement and midnight of the third calendar day following the date of final publication; in the case of a special offer, the period of publication shall extend until midnight of the date the special offer ends.
"Person" means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d).
"Rebate" means any payment of money by the manufacturer to or on behalf of a consumer who has bought or leased a motor vehicle, whether called "rebate", "factory rebate", "cash back", "money back", or a term of similar import.
"Sale" means a sale as defined by N.J.S.A. 56:8-1(e) of any motor vehicle.
"Special offer" means any advertisement of a reduction from the usual selling price for an applicable time period, whether called "sale", "sale days", "bargain", "bargain days", "special offer", "discount", "reduction", "clearance", "prices slashed", "special savings", or a term of similar import.
"Taxes, licensing costs and registration fees" means those usual taxes, charges and fees payable to or collected on behalf of governmental agencies and necessary for the transfer of any interest in a motor vehicle or for the use of a motor vehicle.
"Used motor vehicle" means any motor vehicle with an odometer reading of greater than 1,000 miles, except for a "demo".
13:45A-26A.4 Bait and switch
(a) The following motor vehicle advertising practices constitute "bait and switch" and are prohibited and unlawful:
1. The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price.
2. Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not to sell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price:
i. Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of the advertisement, unless the vehicle has been actually sold or leased during the period of publication; in that case, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction, and shall make them available for inspection by the Division of Consumer Affairs.
ii. Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle, except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser.
iii. The failure to make delivery of an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle; except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser.
13:45A-26A.5 Advertisements; mandatory disclosure requirements in all advertisements for sale
(a) In any advertisement in which an advertiser offers a new motor vehicle for sale at an advertised price, the following information must be included:
1. The advertiser's business name and business address;
2. A statement that "price(s) include(s) all costs to be paid by a consumer, except for licensing costs, registration fees, and taxes". If this statement appears as a footnote, it must be set forth in at least 10 point type. For purposes of this subsection, "all costs to be paid by a consumer" means manufacturer-installed options, freight, transportation, shipping, dealer preparation, and any other costs to be borne by a consumer except licensing costs, registration fees, and taxes;
3. The manufacturer's suggested retail price as it appears on the Monroney label, clearly denominated by using the abbreviation "MSRP";
4. The year, make, model, and number of engine cylinders of the advertised motor vehicle;
5. Whether the transmission is automatic or manual; whether the brakes and steering mechanism are power or manual; and whether the vehicle has air conditioning, unless those items are standard equipment on the advertised motor vehicle. This provision shall not apply to advertisements for motorcycles;
6. The last eight digits of the vehicle identification number, preceded by the letters "VIN". This provision shall not apply to radio and television broadcasts, or to advertisements for motorcycles;
7. A list of any dealer installed options on the advertised motor vehicle and the retail price of each, as determined by the dealer.
(b) In any advertisement offering for sale a used motor vehicle at an advertised price, the information described in (a)1, 2, 4, 5 and 6 above must be included, as well as the following additional information:
1. The actual odometer reading as of the date the advertisement is placed for publication; and
2. The nature of prior use unless previously and exclusively owned or leased by individuals for their personal use, when such prior use is known or should have been known by the advertiser.
(c) In any advertisement offering a "demo" for sale, the information listed in (a) above must be included, as well as:
1. Identification as a "demo"; and
2. The actual odometer reading as of the date the advertisement is placed for publication.
(d) It shall be an unlawful practice to fail to include the information required by this section.
§ 13:45A-26A.6 Advertisements: mandatory disclosure in advertisements for lease of a new or used motor vehicle
(a) In any advertisement offering a new or used motor vehicle for lease, at an advertised price, the following information shall be included:
1. That the transaction advertised is a lease;
2. The amount of any payment required at the inception of the lease or that no payment is required if that is the case;
3. The number, amounts, due dates or periods of scheduled payments and the total of such payments under the lease;
4. A toll-free number that may be used by consumers to obtain the information required under (f) below; and
5. The business name and, if an individual dealer, the address of the advertiser.
(b) In all written advertisements the information required in (a) above shall be prominently displayed in at least 10 point type and shall be easy to find, read and understand.
(c) If the advertiser elects to use a full disclosure format in a written advertisement, then the information in (f) below shall be prominently displayed in at least 10 point type and must be easy to find, read and understand.
(d) An advertisement which is not in writing shall clearly and audibly state the information in (a) above at a decibel level equal to the highest decibel level used in the advertisement and at a speed equal to or slower than any other statement contained in the advertisement. In a television broadcast, the information shall be prominently and conspicuously displayed for at least five continuous seconds for each model advertised.
(e) The toll free number required pursuant to (a)4 above shall be operational not later than the date on which the advertisement is broadcast or published. The advertiser shall:
1. Maintain the toll free number for 48 hours after the last day of the advertisement;
2. Ensure that the toll free number is operational from 9:00 A.M. to 9:00 P.M. Monday through Saturday;
3. Provide the information required under (f) below in a clear and audible manner, to any person who calls the toll free number; and
4. If requested, provide the information required under (f) below in written form to be mailed, postage paid, to the consumer's address.
(f) Information provided through the use of a toll free telephone number shall include:
1. The advertiser's business name and address;
2. Identification of the transaction as a lease;
3. Whether or not the advertised price refers solely to a business lease;
4. Whether it is an open-end or closed-end lease;
5. The number, amounts, due dates or periods of scheduled payments and the total of such payments under the lease;
6. All other itemized payments such as security deposits or capitalized cost reduction required at the initiation of the lease;
7. The cost of the lease which shall include the sum of (f)5 and 6 above;
8. The manufacturer's suggested retail price as it appears on the Monroney label; when given in writing to the consumer, clearly denominated by using the abbreviation "MSRP";
9. A statement that "price(s) include(s) all costs to be paid by the consumer, except for licensing, registration and taxes." When given in writing to the consumer, it must be set forth in at least 10 point type;
10. Whether the lessee has the option to purchase the advertised motor vehicle and at what price and time; the method of determining the price may be substituted for disclosure of the price;
11. The amount (including termination charge, if any) or method of determining any liability imposed upon the lessee at the end of the term and a statement that the lessee shall be liable for the difference, if any, between the estimated value of the leased motor vehicle and its realized value at the end of the lease term, if the lessee has such liability;
12. A statement of the items included as standard equipment on the advertised motor vehicle;
13. Whether the transmission is automatic or standard; whether the brakes and steering mechanism are power or manual and whether the vehicle has air conditioning, unless such items are included under *(f)12* above. This provision shall not apply to motorcycles;
14. The year, make, model and number of engine cylinders of the advertised vehicle;
15. The last eight digits of the vehicle identification number or "VIN." This provision shall not apply to motorcycles;
16. If the advertised vehicle is a used vehicle, the actual odometer reading at the date of placing the advertisement for publication; and the nature of prior use, unless previously and exclusively owned or leased by individuals for their personal use, when such use is known or should have been known by the advertiser; and
17. If the advertised vehicle is a "demonstration vehicle" or "demo," identification of the vehicle as a "demonstration vehicle" or "demo;" and the actual odometer reading at the date of placing the advertisement for publication.
(g) It shall be an unlawful practice to fail to include the information required by this section.
§ 13:45A-26A.7 Unlawful advertising practices
(a) In any type of motor vehicle advertising, the following practices shall be unlawful:
1. The use of any type size, location, lighting, illustration, graphic depiction or color so as to obscure or make misleading any material fact;
2. The setting forth of an advertised price which has been calculated by deducting a down payment, trade-in allowance or any deductions other than a manufacturer's rebate and dealer's discount;
3. The setting forth of an advertised price which fails to disclose, adjacent to the advertised price, that it has been calculated by deducting a manufacturer's rebate or dealer's discount;
4. The failure to state all disclaimers, qualifiers, or limitations that in fact limit, condition, or negate a purported unconditional offer (such as a low APR or high trade-in amount), clearly and conspicuously, next to the offer and not in a footnote identified by an asterisk. Such disclosure shall be made verbally in a radio or television advertisement. Identical information pertaining to all motor vehicles in a group of advertised motor vehicles, however, may appear in a footnote, provided the type is no smaller than 10 point;
5. The failure to state the applicable time period of any special offer, in at least 10-point type immediately adjacent to the special offer, unless the special offer is a manufacturer's program;
6. The use of the word "free" when describing equipment or other item(s) to be given to the purchaser or lessee of a motor vehicle, if the "free" item has a value which has increased the advertised price. In using the word "free" in advertising, the advertiser shall comply with the Federal Trade Commission Rule, 16 CFR § 251, and any amendments thereto;
7. The failure to disclose that the motor vehicle had been previously damaged and that substantial repair or body work has been performed on it when such prior repair or body work is known or should have been known by the advertiser; for the purposes of this subsection, "substantial repair or body work" shall mean repair or body work having a retail value of $ 1,000 or more;
8. The use of the terms "Public Notice", "Public Sale", "Liquidation", "Liquidation Sale", or terms of similar import, where such sale is not required by court order or by operation of law or by impending cessation of the advertiser's business;
9. The use of terms such as "Authorized Sale", "Authorized Distribution Center", "Factory Outlet", "Factory Authorized Sale", or other term(s) which imply that the advertiser has an exclusive or unique relationship with the manufacturer;
10. The use, directly or indirectly, of a comparison to the dealer's cost, inventory price, factory invoice, floor plan balance, tissue, or terms of similar import; or the claim that the advertised price is "wholesale" or "at no profit";
11. The use of the terms "guaranteed discount", "guaranteed lowest prices" or other term of similar import unless the advertiser clearly and conspicuously discloses the manner in which the guarantee will be performed and any conditions or limitations controlling such performance; this information shall be disclosed adjacent to the claim and not in a footnote;
12. The use of the statement "We will beat your best deal", or similar term or phrase if a consumer must produce a contract that the consumer has signed with another dealer or lessor in order to receive the "better" deal;
13. The use of such terms or phrases as "lowest prices", "lower prices than anyone else" or "our lowest prices of the year", or similar terms or phrases if such claim cannot be substantiated by the advertiser.
§ 13:45A-26A.8 Certain credit and installment sale advertisements
(a) The following information must be stated in any credit and installment sale advertising. It must appear adjacent to the description of the advertised motor vehicle and not in a footnote or headline unless the information is the same for all motor vehicles advertised. If in a footnote, it must be in at least 10-point type. Failure to include this information shall be an unlawful practice.
1. The total cost of the installment sale, which shall include the down payment or trade-in or rebate, if any, plus the total of the scheduled periodic payments;
2. The annual percentage rate;
3. The monthly payment figure and the number of required payments; and
4. The amount of any down payment or trade-in required or a statement that none is required.
(b) The following motor vehicle advertising practices concerning credit and installment sale advertisements shall be unlawful:
1. The advertising of credit, including but not limited to such terms as "easy credit" or "one-day credit", other than that actually provided by the advertiser on a regular basis in the ordinary course of business;
2. The use or statement of an installment payment on any basis other than a monthly basis.
§ 13:45A-26A.9 On-site disclosures
(a) The following information relating to an advertised motor vehicle must be provided at the main entrance(s) to the business premises where the motor vehicle is displayed or in proximity to the vehicle or on the vehicle itself:
1. A copy of any printed advertisement that quotes a price for the sale or lease of that vehicle; alternatively, a tag may be attached to the motor vehicle(s) stating the advertised price as well as the other information required in N.J.A.C. 13:45A-26A.5 or 26A.6.
2. A fuel economy label, if required by the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 2006; and
3. The Used Car Buyers Guide, if required by the Federal Trade Commission's Used Car Rule, 16 C.F.R. Part 455.2.
(b) A dealer shall not advertise a new motor vehicle which does not have the Monroney label, if required by the Automobile Information Disclosure Act, 15 U.S.C. §§ 1231-1233.
(c) It shall be an unlawful practice to fail to comply with the disclosures required by this section.
Wednesday, September 17, 2014
New York Deceptive Practices Law, Overall Requirements
New York Deceptive Practices Law Requirements
New York has a consumer protection law which punishes various types of deceptions. Here is an overview based upon a recent case. Section 349 of the General Business Law, enacted in 1970 as
a broad consumer protection measure, begins:
"Deceptive acts or practices in the conduct of any business, trade
or commerce or in the furnishing of any service in this state are hereby
declared unlawful" (General Business Law § 349 [a]). A decade later, in 1980, the Legislature
added section 349 (h), giving private citizens a right of action for deceptive
trade practices. Citizens can enjoin an unlawful business practice, recover
actual damages (or $50, whichever is greater) and obtain attorney's fees. In
addition, if a defendant knowingly or 29*29 willfully engages in a deceptive
practice, the court may, in its discretion, award treble damages up to a
maximum of $1,000 (see, General Business Law § 349 [h]).
A plaintiff under section 349 must prove three elements:
first, that the challenged act or practice was consumer-oriented; second, that
it was misleading in a material way; and third, that the plaintiff suffered
injury as a result of the deceptive act (see, Oswego Laborers' Local 214
Pension Fund v Marine Midland Bank, 85 NY2d 20, 25; see also, Gaidon v Guardian
Life Ins. Co., 94 NY2d 330, 344; Small v Lorillard Tobacco Co., 94 NY2d 43,
55-56). Whether a representation or an omission, the deceptive practice must be
"likely to mislead a reasonable consumer acting reasonably under the
circumstances" (Oswego Laborers' Local 214 Pension Fund v Marine Midland
Bank, supra, at 26). A deceptive practice, however, need not reach the level of
common-law fraud to be actionable under section 349 (see, Gaidon v Guardian
Life Ins. Co., supra, at 343). In addition, a plaintiff must prove
"actual" injury to recover under the statute, though not necessarily
pecuniary harm (see, Oswego Laborers' Local 214 Pension Fund v Marine Midland
Bank, supra, at 26; see also, Givens, Practice Commentaries, McKinney's Cons
Laws of NY, Book 19, General Business Law § 349, at 565).
Tuesday, September 16, 2014
Identity Theft at Major Banks in the New York Area
A group of bank tellers have been charged with taking and
illegally using customer information.
Victims may be entitled to compensation for losses and damages. Our office is evaluating individual and group actions for compensation.
According to the ABC News Story, the defendants are accused of stealing close to a million dollars by having bank tellers access and steal personal information of hundreds of unsuspecting customers, including account numbers and Social Security numbers.
They allegedly used the information to withdraw money from those accounts.
The tellers involved worked for branches of Bank of America, JP Morgan Chase, HSBC, TD Bank and Wachovia in Westchester, Bronx County, and other locations.
"Bank tellers have access to our most sensitive financial information and we must be able to trust that our data will remain safe and secure," a spokesman explained. "Identity theft is a complex and growing problem, and we must redouble our efforts to ensure that all of us - from large corporations, to small businesses and families - are better protected."
They allegedly used the information to withdraw money from those accounts.
The tellers involved worked for branches of Bank of America, JP Morgan Chase, HSBC, TD Bank and Wachovia in Westchester, Bronx County, and other locations.
"Bank tellers have access to our most sensitive financial information and we must be able to trust that our data will remain safe and secure," a spokesman explained. "Identity theft is a complex and growing problem, and we must redouble our efforts to ensure that all of us - from large corporations, to small businesses and families - are better protected."
http://7online.com/finance/bank-tellers-charged-with-stealing-customers-identities-and-money/311131/
Monday, September 15, 2014
THE MOST COMPLAINED ABOUT CARS IN AMERICA
THE MOST COMPLAINED ABOUT CARS IN AMERICA
Money Talk News http://www.moneytalksnews.com/2014/08/25/the-5-most-complained-about-cars-in-america/ features an interesting article entitled the Most Complained About Cars in America. The "Winners"
Owners of these vehicles may be entitled to compensation.
Nissan Pathfinder Transmission Defect Claims and Class Action
Consumers are complaining of transmission related problems
on the 2009-2013 Nissan Pathfinder.
Problems include shudder and vibration.
Owner of the Pathfinder with transmission problems may be entitled to compensation for repair costs, inconvenience, or potentially other damages. Our office is evaluating a class action. Here are typical complaints filed with the NHTSA
Date Complaint Filed: 08/27/2014
Component(s): POWER TRAIN
Date of Incident: 12/28/2013
NHTSA ID Number: 10628699
NHTSA ID Number: 10628699
Search terms, Pathfinder class action, defect, lemon law, Pathfinder recall
Date of Incident: 08/13/2013
NHTSA ID Number: 10628354
NHTSA ID Number: 10628354
Vehicle Make Mode lModel Year(s) NISSANPATHFINDER2013
Date Complaint Filed: 08/12/2014
Component(s): POWER TRAIN
Component(s): POWER TRAIN
Date of Incident: 08/01/2014
NHTSA ID Number: 10622665
NHTSA ID Number: 10622665
Date Complaint Filed: 08/11/2014
Component(s): POWER TRAIN
Component(s): POWER TRAIN
Date of Incident: 06/20/2011
Date Complaint Filed: 08/11/2014
Component(s): POWER TRAIN
Component(s): POWER TRAIN
Date of Incident: 08/08/2014
NHTSA ID Number: 10621300
NHTSA ID Number: 10621300
Date Complaint Filed: 08/07/2014
Component(s): POWER TRAIN , UNKNOWN OR OTHER
Component(s): POWER TRAIN , UNKNOWN OR OTHER
Date of Incident: 06/10/2014
NHTSA ID Number: 10619509
NHTSA ID Number: 10619509
Date Complaint Filed: 07/21/2014
Component(s): ENGINE
Component(s): ENGINE
Date of Incident: 02/21/2014
NHTSA ID Number: 10615087
NHTSA ID Number: 10615087
Manufacturer: Nissan North America, Inc.
Vehicle Identification No. (VIN): 5N1AR18B99C...
SUMMARY:
Site keywords, Nissan class action, defect, Pathfinder recall, claim, lemon law
Select this checkbox to order available documentation for a fee. Submit using the form that will appear below. 
Date Complaint Filed: 07/21/2014
Component(s): POWER TRAIN
Component(s): POWER TRAIN
Date of Incident: 07/04/2014
NHTSA ID Number: 10614891
NHTSA ID Number: 10614891
Vehicle MakeModelModel Year(s)
Manufacturer: Nissan North America, Inc.
Vehicle Identification No. (VIN): 5N1AR2MM2DC...
SUMMARY:
PURCHASED ON DECEMBER 24, 2013, MY 2013 NISSAN PATHFINDER HAS A MAJOR TRANSMISSION ISSUE, WHICH HAS NOT BEEN FIXED AFTER THREE SERVICE CALLS, AND ENDED WITH THE TRANSMISSION FAILING WHILE DRIVING AT 70 MPH ON A VERY BUSY INTERSTATE HIGHWAY. SIGNIFICANT SAFETY EVENT. ON 6 JUL 2014, MY PATHFINDER?S TRANSMISSION FAILED IN THE MIDDLE OF INTERSTATE HIGHWAY 95 OVER 150 MILES FROM MY RESIDENCE AT POSTED SPEED OF 70 MPH. THE CAR STARTED TO SHUDDER WITH A SLIGHT JUMP IN RPM, ACTED NORMALLY, AND THEN, THE TRANSMISSION GOT STUCK IN GEAR. WE MADE IT TO THE SIDE OF THE ROAD AND SHUTDOWN THE CAR. I RESTARTED THE PATHFINDER AND REGAIN CONTROL OF THE POWER TRAIN; AS BEFORE, THE VEHICLE DROVE WITH NO APPARENT ISSUE. FIFTEEN MINUTES LATER, THE VEHICLE?S RPM STARTED TO EXCEED 5000 TO 6000 RPMS, CYCLING BETWEEN COASTING AT HIGH AND LOW RPMS (WITH NO POWER BEING TRANSFER TO THE WHEELS TO MANEUVER THE CAR PROPERLY), AND NORMAL ?POWERED? DRIVING. FINALLY, IT WOULD NOT RESPOND TO FUEL PEDAL ACTIONS. I WAS ABLE TO ?COAST? THROUGH THE 70+ MPH TRAFFIC TO THE HIGHWAYS? SHOULDER. BACKGROUND. I QUESTIONED BOTH THE SALESMAN/MANAGER ON THIS ISSUE, AND BOTH STATED THAT THESE EARLY PROBLEMS HAD BEEN RESOLVED, AND MORE IMPORTANTLY, THAT MY VEHICLE?S TRANSMISSION WAS A NEWER ONE. THE FIRST VEHICLE INCIDENT OCCURRED SHORTLY AFTER BUYING THE VEHICLE. THE PROBLEM CONSISTED OF TRANSMISSION BUMPS AND RUMBLES THAT CAUSED THE VEHICLE TO SHUDDER OR RATTLE. I TOOK THE VEHICLE TO THE DEALERSHIP IN FREDERICKSBURG, VIRGINIA ON 19 JAN 2014, 4 MAR, AND 2 MAY. I WAS ALSO TOLD THAT THIS ISSUE WAS NOT A SERIOUS PROBLEM, AND THAT THE VEHICLE COMPUTER WOULD ADJUST TO THE INDIVIDUAL PATTERN OF THE DRIVER AND THAT THE PROBLEM WOULD EVENTUALLY GO AWAY. NISSAN WAS CONTACTED, AND THE VEHICLE?S SOFTWARE WAS UPDATED. THE SERVICE DEPARTMENT WAS CONFIDENT THAT THE PROBLEM WOULD BE MITIGATED BY THE LAST SOFTWARE UPDATE.
Select this checkbox to order available documentation for a fee. Submit using the form that will appear below.
Date Complaint Filed: 07/13/2014
Component(s): POWER TRAIN
Component(s): POWER TRAIN
Date of Incident: 03/25/2013
NHTSA ID Number: 10610197
NHTSA ID Number: 10610197
Saturday, September 13, 2014
Dealer Tactics in Odometer and Fraud Cases
Having handled a number of odometer fraud cases, one sees
the same excuses, over and over. The
position of automobile dealers in odometer fraud cases is usually the
following:
•first, suggest that the odometer was not really rolled
back, and there is simply an error,
•secondly, if it did occur, explain that the dealer has been
in business for over 20 years, and would
never deliberately alter an odometer, in view of the penalties involved. Instead, the dealer professes, we are as much
a victim as you.
•thirdly, suggest that the consumer has received substantial
use of the vehicle which should offset any claim.
Dealers practice the 4 D's, delay, deny, distract, and
deceive. To respond to these tactics, it
is generally useful to have an attorney experienced in lemon law and automobile
fraud. You should obtain the vehicle
history from Carfax and a certified abstract from the state division of motor vehicles. We argue that if the vehicle was sold with an
altered odometer, the dealer is liable and if others are responsible, it is his
responsibility to locate them.
Rollbacks are usually done by a third party, two or three levels removed
from the dealer. When selling a car, dealers can manage
to write a purchase order, arrange financing, and prepare motor vehicle
documents in a single day. Yet when you
contact them about an odometer claim,
things go very slowly. Accordingly, the
consumer should generally document his contacts with the dealer and provide a
deadline for response.
Used Car Fraud Claims
Purchasers of defective or misrepresented used cars have remedies. Depending upon the case, several different types of claims can be brought.
1. Consumer Fraud Law
The New Jersey Consumer Fraud Act prohibits a unconscionable
commercial practice, deception, fraud, false pretense, false promise,
misrepresentation, or the knowing, concealment, suppression, or omission of a
material fact. Claims may include false advertising or deceiving
the consumer in various ways. The New Jersey Lemon Law lists these violations,
a. To misrepresent
the mechanical condition of a used motor vehicle
b. To fail to
disclose, prior to sale, any material defect in the mechanical condition of the
used motor vehicle which is known to the dealer;
c. To represent that a used motor vehicle, or any component
thereof, is free from material defects in mechanical condition at the time of
sale, unless the dealer has a reasonable basis for this representation at the
time it is made...
e. To misrepresent
the terms of any written warranty, service contract or repair insurance. N.J. S.A. 56:8-68.
h. To represent,
prior to sale, that a used motor vehicle is sold with a warranty, service contract
or repair insurance when the vehicle is sold without any warranty, service
contract or repair insurance.
2. Breach of Warranty
1.
Failure to Provide or Comply with Warranty
Minimum warranties are contained in the New Jersey
statutes.
56:8-69.Written
warranty required; minimum durations
It shall be an unlawful practice for a dealer to sell a used
motor vehicle to a consumer without giving the consumer a written warranty
which shall at least have the following minimum durations:
a. If the used motor vehicle has 24,000 miles or less, the
warranty shall be, at a minimum, 90 days or 3,000 miles, whichever comes first;
b. If the used motor
vehicle has more than 24,000 miles but less than 60,000 miles, the warranty
shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or
c. If the used motor
vehicle has 60,000 miles or more, the warranty shall be, at a minimum, 30 days
or 1,000 miles, whichever comes first, except that a consumer may waive his
right to a warranty as provided under section 7 of this act.
1.
Exclusions from Act
However, a consumer, as a result of a price negotiation for
the purchase of a used motor vehicle with over 60,000 miles, may elect to waive
the dealer's obligation to provide a warranty on the used motor vehicle
provided that it complies with NJAC 13:45A-26F.18.
A. Defenses
Dealers can contest the case and assert various defenses. Even if meritorious, the dealer may deny the claim. Sometimes there can be violations that do not cause particular damages. A deception may not be connected with a mechanical problem that arises after the lemon law period. Thus, claims need to be carefully examined.
3. Specific Laws Covering New Jersey Used Car Claims
A. Concealment of Significant Body Damage
N.J.A.C. 13:45A-26A.7 entitled unlawful advertising
practices makes unlawful:
"The failure to disclose that the motor vehicle had
been previously damages and that substantial repair or body work had been performed on it when
such prior repair or body work is know or should have been known by the
advertiser; for the purposes of this subsection, "substantial repair or
body work" shall mean repair or body work having a retail value of $1,000
or more
B. Prohibited
Advertising Practices
Specific deceptive advertising practices include,
1. The use of any type, size, location, lighting,
illustration, graphic depiction or color so as to obscure or make misleading
any material fact.
2. The setting forth of an advertised price which has been
calculated by deducting a down payment, trade-in allowance, or any deductions
other than a manufacturer's rebate....
3. The use of such
terms or phrases as lowest prices, lower prices than anyone else or our lowest
prices of the year or similar terms or phrases if such claim are misleading or cannot
be substantiated by the advertiser.
C. Federal Odometer
Law
The federal odometer statute states, "A person transferring
ownership of a motor vehicle shall give the (buyer) the following written
disclosure:
a) Disclosure of the
cumulative mileage registered on the vehicle, or
b) disclosure that
the mileage is unknown. 49 U.S.C. 32705
Federal regulations dictate a specific form and a
certification. Some auction houses do
not provide an odometer statement or do not provide the odometer certification
as the federal regulations require. Note
that when confronted with any discrepancies, these facilities almost always
deny liability.
D. Used Car Window
Sticker
"It is a deceptive act or practice for any used vehicle
dealer... (1) To misrepresent the mechanical condition of a used vehicle; (2)
To misrepresent the terms of any warranty offered in connection with the sale
of a used vehicle; and (3) To represent that a used vehicle is sold with a
warranty when the vehicle is sold without any warranty... {or to] fail to make available, prior to
sale, the terms of any written warranty offered in connection with the sale of
a used vehicle. 16 CFR 455
Sec. 455.4 "Contrary statements. You may not make any
statements, oral or written, or take other actions which alter or contradict
the disclosures required by Secs. 455.2 and 455.3. You may negotiate over
warranty coverage, as provided in Sec. 455.2(b) of this part, as long as the
final warranty terms are identified in the contract of sale and summarized on
the copy of the window form you give to the buyer."
Sec. 455.5 "Spanish language sales. If you conduct a
sale in Spanish, the window form required by Sec. 455.2 and the contract
disclosures required by Sec. 455.3 must be in that language."
Friday, September 12, 2014
Fair Credit Billing Claims
A. The Fair Credit Billing Act, FCBA
When a credit company makes errors it refuses to correct, claims can be filed.
Congress enacted the FCBA in order to regulate billing disputes involving "open end consumer credit plans." See 15 U.S.C. § 1666; Gray v. Am. Express Co., 743 F.2d 10, 13 (D.C.Cir.1984) ("The Fair Credit Billing Act seeks to prescribe an orderly procedure for identifying and resolving disputes between a cardholder and a card issuer as to the amount due at any given time."). If a credit-card holder sends a written notice disputing a charge within sixty days of receiving a bill, the FCBA requires a credit-card issuer to acknowledge the dispute within thirty days, investigate the matter, and provide a written explanation of its decision within ninety days. 15 U.S.C. § 1666(a); Am. Express Co. v. Koerner, 452 U.S. 233, 234-37, 101 S.Ct. 2281, 68 L.Ed.2d 803 (1981).
"The creditor must send its explanation before making any attempt to collect the disputed amount." Koerner, 452 U.S. at 237, 101 S.Ct. 2281; see also 15 U.S.C. § 1666(a)(3)(B). Further, "the card issuer must notify the cardholder on subsequent statements of account that he need not pay the amount in dispute until the card issuer has complied with § 1666." Gray, 743 F.2d at 14 (citing 15 U.S.C. § 1666(c)(2)). Additionally, "a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor's credit rating ... and such amount may not be reported as delinquent to any third party until the creditor has met [these] requirements." 15 U.S.C. § 1666a(a). If a creditor fails to comply with any of these provisions, it is subject to civil liability under 15 U.S.C. § 1640 and forfeiture of the disputed amount under § 1666(e).
Free Consultation on Fair Credit Billing Claims (973)598-1980
Wednesday, September 10, 2014
NEW JERSEY LEMON LAW QUESTIONS AND ANSWERS
Q. I have three repairs for the same problem. Is it fair to assume I will win my New Jersey lemon law case.
A. Having three repairs is simply the first requirement under the New Jersey lemon law. You need also show that the problems substantially impair use, value, or safety and remain after the manufacturer's last change repair.
Q. Can I see the New Jersey lemon law decisions online.
A. Yes administrative law decisions are maintained at this site. www.lawlibrary.rutgers.edu/oal/search.html
Q. I have over 18,000 miles now but brought the car to the dealer before that time. Is that sufficient.
A. The New Jersey lemon law unit does not accept cases unless a last chance letter was sent by certified mail prior to 18,000 miles. However, one can file in court after that time.
Q. I have about 40,000 miles on the car, can I still file under the lemon law.
A. The New Jersey lemon law is not the only statute upon which consumers can rely. One can file for breach of implied warranty (every vehicle has an implied warranty it will be reasonably fit) and breach of express warranty (manufacturer failed to properly repair the vehicle). These claims are filed in court as opposed to the lemon law unit. Generally they are settled for a sum on money to compensate the plaintiff for inconvenience and any costs of repair.
Q. Where is a lemon law claim filed in New Jersey
A. New Jersey consumers can filed with the lemon law unit, or in court. There are advantages and disadvantages as follows:
| Speed of Proceeding | Case come to hearing in approximately 75 days from initial consultation | Trial occurs approximately one year from filing though mediation is about 90 days. Cases filed in lower court are heard in approximately 90 days |
| Success | Only claims for the New Jersey lemon law can be filed in the lemon law unit. If the consumer does not meet the strict requirements he will not prevail. | Cases which do not meet lemon law criteria can be filed here. Cars with mileage over lemon law, problems corrected, dealer misrepresentation are generally filed in court. |
| What Claims are Filed | Claims for the New Jersey Lemon law only | New Jersey lemon law, breach of implied warranty, breach of express warranty, dealer fraud, can be combined in one complaint. |
| Who Hears the Case | An administrative law judge | In law division, cases are heard by a jury, in special civil part (lower court) cases generally heard by judge in court. |
| Where Does Your Office File | Our office is one of the few which files cases in both venues. We review alternatives with the client and mutually decide where to file. Many attorneys based in Pennsylvania only file in court. | Both court and in the lemon law |
| Can I view lemon law decisions | Decisions in the New Jersey lemon law are available at www.lawlibrary.rutgers.edu/oal/search.html | Court decisions are available at versuslaw.com and on the New Jersey judiciary website. |
| Remedies | All or nothing generally, repurchase under the lemon law or decision for the manufacturer. If the consumer prevails, the car must be labeled a lemon and any resale bears the lemon designation. Because of that, manufacturer do not settle close cases because losing and settling involve virtually the same cost. | There is greater flexibility and settlement discussion. Settlements can involved cash settlements or other remedies, and judges frequently become involved in helping the parties resolve the case. Additional court time provides an incentive for manufacturer to resolve claims. |
Friday, September 5, 2014
Sale of Hurricane Damaged Cars
A dealer pled guilty Monday to theft by deception for manipulating the titles of cars damaged in Hurricane Sandy. The cars were purchased at auction and described as good for parts only, but the allegation is that titled were changed to sell the junked cars outright. According to the National Insurance Crime Bureau an estimated 250,000 cars sat in corrosive salt water for days after the mega storm crippled much of the East Coast in late October 2012. Where did all of these cars end up? Not in junkyards, but used car dealerships across the country via auction. Flood damage can ruin a car both inside and out.
With all the tricks available to unscrupulous car dealers every consumer should know the signs of a flood damaged car. Here's what to look out for:
Do the research. Always conduct a thorough pre-purchase inspection and title search before buying any used car. When vehicles are totaled, the insurance company issues a "branded" title indicating the type of loss, such as salvage, rebuilt wreck or flood victim, and takes possession of the vehicle for auction. By law a salvaged car must carry this warning on its title, but beware of 'title washing,' a practice in which unscrupulous dealers re-register a car in several states which have slightly different requirements until the insurance brand is removed. If the car has the original VIN, a CARFAX report can protect you from title washing.
-- Check for water lines. Look in the glove box, the engine compartment, trunk, wheel wells and door jams for tell-tale water-damage blotches. Electrical connections with a green crusty substance or seat mounting bolts with rust are also dead giveaways that a car was underwater. While you're inspecting the car check under the seat or between the seat and the center console for fine dirt or silt carried by floodwaters into the car.
-- Check the fluids. Oil, power steering fluid, transmission fluid, and differential fluid all turn milky when mixed with water. Check the fluids and take a look at the dipstick. Rust here will indicated water damage and unscrupulous techs often forget to change this simple piece of equipment when rebuilding a salvaged car.
-- Give it a sniff. Even the strongest Febreze or air freshener can't completely kill the moldy smell seats and carpeting gain from slowly drying. A strong odor right away will tell you the car was in a flood, but if you're not sure roll up the windows and let the car sit for a while. The stale air will have a telltale basement smell. Also, if carpeting and upholstery seem too new for the car or even loose that might indicate a major overhaul of the interior.
-- How are the electronics? Reach under the steering wheel and feel the wiring. Brittle wires mean water damage. Static on the radio, flickering in the headlights or any number of electrical problems
can indicate water damage.http://autos.aol.com/article/car-dealer-charged-for-selling-cars-damaged-in-hurricane-sandy/
Thursday, September 4, 2014
Ford Hybrid Engine Class Action
A class action has been filed, alleging Ford hybrid sedans can stall or shut down without warning. The claim covers 2005 to 2008 models of the Ford Escape Hybrid and the 2006 to 2008 models of the Mercury Mariner. The complaint alleges the Ford hybrid have a a MECS (Motor Electric Cooling System) coolant pump that diffuses heat generated by the vehicle’s battery powered motor components and releases hot air. The vehicles are designed to shut down whenever the MECS becomes inoperative. In cars with a defective coolant pump, this can happen while the car is traveling causing unsafe situation such as abrupt loss of acceleration, inability to maneuver the vehicle, slowed steering, and in some cases complete vehicle failure. See classactionnews.com excerpt.
The case cites consumer complaints, data from Ford dealerships, and bulletins issued as evidence that Ford has known about the defect failed to disclose it to consumers.
The case cites consumer complaints, data from Ford dealerships, and bulletins issued as evidence that Ford has known about the defect failed to disclose it to consumers.
Hyundai Santa Fe Stalling Class Action
A class action has been filed in California alleging engine and stalling problems on the 2011-12 Hyundai Sante Fe. A Service Campaign did not resolve the problem. The vehicles can stall due to reduced engine RPM. With an additional simultaneous load on the engine, the reduced RPM can also stall the engine. Owners have reported their vehicles shutting off with no warnings while operating at low speeds, turning or coming to a stop. Others have claimed this occurred while driving at full speed on highways, while accelerating or at a stop, with several complaints depicting close calls which could have potentially resulted in a fatal crash.
If you had engine or stalling problems you may be entitled to compensation. Call (973) 598-1980 for a free consultation.
Tuesday, September 2, 2014
Hyundai Sonata Sport with Alignment and Suspension Issues
2011
Hyundai Sonata Sport with Alignment & Suspension Issues
The Hyundai Sonata has been plaqued by alignment and suspension issues. Our office is reviewing a potential class action and claims on behalf of individual owners.
Vehicle Make Model Model
Year(s)
Hyundai Sonata Sport 2011
Component(s): Alignment
& Suspension issue
SUMMARY: I OWN A 2011 HYUNDAI SONATA. I
HAVE TAKEN MY VEHICLE BACK TO HYUNDAI IN KILLEEN TO HAVE THE ALIGNMENT REPAIRED
TWO TIMES. WHEN I INITIALLY RECEIVED THE CAR IT PULL VERY HARD TO THE LEFT,
THEN ONCE THEY "FIXED IT" IT STILL PULLED. I PAID INITIALLY TO HAVE THE
CAR CERTIFIED AND ALIGNMENT IT PART OF IT. *TR
Vehicle Make Model Model
Year(s)
Hyundai Sonata Sport 2011
Component(s): Alignment
& Suspension issue
SUMMARY: FROM THE INITIAL TEST
DRIVE I NOTICED A PULL IN THE STEERING. IT WAS MENTIONED AND I WAS TOLD THAT IT
WAS A SIMPLE ALIGNMENT ISSUE. AFTER PURCHASED I ASKED ABOUT THE STEERING.
UNFORTUNATELY, (I WAS TOLD) THE DEALERSHIP DID NOT HAVE THE ROAD FORCE BALANCE
MACHINE FOR THEM TO PROPERLY TEST THE ALIGNMENT. I WAITED TILL NOVEMBER BEFORE
THIS WAS AVAILABLE. THE 2011 SONATA WANDERED THE ROAD AND PULLED CONSTANTLY TO
ONE SIDE OR THE OTHER (WITH NO RHYME OR REASON). AT ONE POINT IT WOULD PULL SO
HARD THE VEHICLE WOULD "V-LINE" OFF ROAD ONCE LETTING GO OF STEERING
WHEEL. AFTER SEVERAL REPAIR ATTEMPTS (REPLACED STRUTS, CAMBER BOLT KITS, FRONT
TIRES AND SEVERAL ALIGNMENTS) THE PULL WAS STILL THERE. THERE WAS NOTHING MORE
HYUNDAI CAN DO AND I WAS TOLD "THAT'S JUST HOW THE CAR IS". I HAVE
GONE THROUGH TWO ARBITRATION HEARINGS WITH THE BBB AND HYUNDAI STILL CONTINUES
TO SAY "THERE'S NOTHING MORE WE CAN DO, THE CAR IS PERFORMING AS IT IS
INTENDED TO". NEGATIVE HYUNDAI!!! THE CAR STILL PULLS AND WANDERS AS IT
PLEASES AND I HAVE HAD SWAY BAR LINKS BREAK DURING NORMAL DRIVING CONDITIONS. HYUNDAI
IS SAYING I HAVE HIT AN "ANIMAL" AND THE IMPACT HAS BENT BOTH OF THE
SWAY BAR LINKS AND BROKE ONE ON THE RIGHT FRONT. ALL THOUGH THERE IS NO BODY
DAMAGE FROM THIS ANIMAL AND NO SCRAPES ON THE UNDERCARRIAGE. I NEVER HIT
ANYTHING IN THE CAR AND FEEL THIS BREAKAGE IS DUE TO ADDED PRESSURE ON
SUSPENSION/STEERING PARTS FROM ADJUSTMENT MADE BY HYUNDAI TO "TRY"
AND GET CAR TO DRIVE STRAIGHT. MY WARRANTY HAS BEEN DENIED AND HYUNDAI REFUSES
TO MAKE THE REPAIRS. SO DON'T LET THE 10 YEAR/100,000 MILE WARRANTY LET YOU
MAKE THE DECISION WHEN BUYING, WHEN THEY CAN DENY YOUR WARRANTY ANYTIME THEY
WANT WITH ANY MADE UP EXCUSE. I HAVE BEEN FIGHTING FOR WELL OVER 8 MONTHS FOR A
REFUND ON THIS CAR AND I'M STILL FIGHTING!! *TR
Free Consultation on Hyundai Sonata Alignment Problems. Call (973) 598-1980
Free Consultation on Hyundai Sonata Alignment Problems. Call (973) 598-1980
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