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  5. DEALER FRAUD: NJ AG SETTLES ACTION AGAINST NEWTON AUDI AND VW

DEALER FRAUD: NJ AG SETTLES ACTION AGAINST NEWTON AUDI AND VW

On Behalf of Bensley Law Offices, LLC | Aug 18, 2015 | Dealer Fraud |

Dealer Fraud knows no borders. The New Jersey Attorney General Division of Consumer Affairs issued a press release on 08/17/2015 that it had settled its charges against Newton Audi and Newton VW. http://www.njconsumeraffairs.gov/News/Pages/08172015.aspx

“The Office of the Attorney General and the New Jersey Division of Consumer Affairs have reached a settlement with JDN AA, LLC (“JDN AA”), which operates Newton Audi and Newton Volkswagen auto dealerships, resolving an action filed by the State in June 2015. As part of the settlement, JDN AA, LLC has agreed to pay $50,000 to the State. This payment includes $31,655.95 in civil penalties, with the balance reimbursing the State for its legal and investigative costs.”

According to the press release the AG had filed a four-count complaint, which alleged that, among other things, JDN AA committed unconscionable commercial practices, did not disclose required information in advertisements, and did not pay required Used Car Lemon Law fees.

“The Division of Consumer Affairs has brought several actions this year against auto dealerships for consumer fraud and unconscionable business practices,” said Steve Lee, Acting Director of the New Jersey Division of Consumer Affairs. “Consumers who are thinking about purchasing vehicles must have certain important information about the vehicles they are considering,” Lee also noted JDN AA’s cooperation in reaching a quick resolution of this matter.

The settlement required the dealers to:

  • not add or charge for after sale item[s] without the consumer’s written authorization;
  • not represent to consumers that the purchase of an after sale item is mandatory when, in fact, it is not;
  • identify, in writing, any and all after sale items, whether provided to consumers at no additional charge or purchased by consumers;
  • provide a written document containing a clear statement of cost for an after sale item[s], and obtain the consumers’ written acknowledgment to purchase such after sale item[s], for any after sale item[s] purchased by a consumer;
  • provide consumers with an opportunity to review all sales documents prior to signing;
  • not require consumers to execute any blank or incomplete sales documents;
  • provide consumers with complete copies of all signed sales documents;
  • include the statement that “price(s) include(s) all costs to be paid by consumer, except for licensing costs, registration fees, and taxes,” in advertisements;
  • honor all terms of a negotiated deal concerning the sale of a used motor vehicle; and
  • not sell a motor vehicle without possession of the title to the motor vehicle.

If you suspect you have been the victim of any form of Dealer Fraud or any form of consumer fraud, you should contact a qualified attorney right away.

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