October 12, 2009

DEX for Embarq Yellow Pages

Investigating

Carton and Rudnick is investigating complaints against DEX for Embarq Yellow Pages related to its crediting business accounts pursuant to its guarantee that a Embaq Yellow Page listing will generate certain numbers of calls each month. Carton and Rudnick is investigating whether business are receiving the credits they are entitled to under the program and whether Dex is automatically providing the credits due under the guarantee. If you have listed your business with a DEX for Embarq Yellow Pages under a program guaranteeing you a certain number of calls, and have not received full and proper credits under your guarantee phone , please contact me.

We are not implying any wrong doing or a valid cause of action exists but we are conducting an investigation.

September 29, 2009

Brake-O-Rama: Attorney General Investigation and Civil Suit

The Attorney General has instituted suit against Brake O Rama for various conduct. A civil action has been instituted against them for consumer fraud.

If you have had work done by a Brake-O-Rama and you have any questions regarding a possible claim.

All parties are presumed innocent and they are permitted a day in court.


Jonathan Rudnick

February 19, 2009

New Jersey Class Actions

What is a class action and how does it work?

A class action is a procedural device to allow one or a few representatives act on behalf of many other people. Because the person is acting in a representative capacity the rules require that this claim be substantially similar to the other “absent” class members. The interests must be similar, the claims must be similar, and the underlying facts supporting the similar claim must be similar. As an example if the class member is alleging that he was charged an improper document fee as part of an automobile transaction, the other class members must also have purchased the product and must also have purchased a vehicle.

As you can see there are some very simple cases that are well suited for class actions. See for example Cerbo v. Ford of Englewood where the plaintiff was alleging that she and other consumers were overcharged for title and registration fees. This was a huge class action with thousands of class members who received a refund of the overcharges to an extent with certain conditions. The claims were simple and very amenable to class action procedures. Simple claims make the best class actions. Class action settlements range into the billions of dollars depending on the size of the class and the size of the claim. Just search the internet for class action and settlement and you will get pages of class action results.


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November 12, 2008

Hotel Charges that are Fraudulent

Hotel Charges that are Fraudulent. Many business such as hotels are looking for shortcuts by charging, without notice, for many supposed services.. The following are things that you should look for in any hotel stay.

Mandatory bellman charges:
Fees for cancellation
Fees for holding bags
Fees for early departure
Fees for energy surcharges
Fees for handling FEDEX packages
Fees for faxes
Fees for in room safes
Fees for the internet
Minibar fees for restocking
Amenity fees
Phone surcharges

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November 9, 2008

New Jersey Division of Consumer Affairs

New Jersey Division of Consumer Affairs

The State has a great site dedicated to Lemon Law in the State of New Jersey.

There is a list of publications at the Division of Consumer Affairs site.

File a complaint

Licensing Board information.

Division of civil rights

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November 6, 2008

New Jersey Lemon Law

New Jersey Lemon Law

Are there any specific requirements under the New Jersey Lemon Law to send a letter to a Manufacturer before you either file suit or request a hearing before an administrative Judge.

If you file a claim in Superior Court the answer is no, there is no requirement to send a letter to the manufacturer. But if you do send the letter there is a presumption that the vehicle is a lemon.

If you file a request for an administrative hearing you are REQUIRED to send the pre suit letter otherwise the court will not hear your claim.

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November 3, 2008

Dealership Investigations

Gresham’s AutoLink faces investigation for consumer fraud
According to an internet source an Oregon dealership is being investigated for improper conduct. They have served search warrants after many many consumer complaints. Auto Link

This is what happens when there are too many consumer complaints against one dealer in a short period of time.

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November 1, 2008

Selling Damaged Cars and Disclosure - Auto Fraud and Car Dealership Fraud

Selling Damaged Cars and Disclosure

I guess the initial question is why would a dealership sell damaged cars and not tell the consumer? The real answer is because they can. The dealership knows that if they tell the customer this material fact the prospect will never buy the damaged good, especially if they have a family. As an example if the dealership purchased the car at auction the seller is required to make material disclosures as to frame damage or other significant damage. There is an entire light system at many auctions - green - yellow - red - to advise as to the condition of the car. If the auction requires disclosure why doesn't the dealer provide the same courtesy to their customers. Because they can.

The law on selling damaged cars is straight forward, material facts are required for disclosure. The dealer is also responsible for any affirmative representations that they make on the sale of the car. If the dealer says that the car was not in an accident they better make sure that the car was not in an accident.

Salvage and flood title Cars

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Continue reading "Selling Damaged Cars and Disclosure - Auto Fraud and Car Dealership Fraud" »

October 5, 2008

Car Repair Scams

Car repair scams. Car repair scams are everywhere.

How do you protect yourself from car repair scams. There is no easy answer because unless you a mechanic you are at the mercy of the mechanic. I would say the following are the most common types or areas where car repair scams proliferate.

Padding The Bill. Do we know what was actually completed?

Transmission Shops. What really is the condition of the car

Other charges. What are the minor charges that you do not recognize.

Cost What is the real cost of the repairs


In order to assist you I found a web site that addresses all of these issues ans would recommend a thorough reading.


What is the law on car repair and car repair scams.

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September 25, 2008

Car Salesman Code Words

Car Salesman Code Words

Car Salesman have code words for many situations and they are not flattering. Most imply that are maximizing the profit or poor negotiating skills of the salesman. They are real.


(from edmunds.com)
Be-backs - A customer who leaves the car lot promising to return later, saying, "I'll be back," or some variation of that statement. "The guy was a be-back. But I think he meant it. I'll see him again."

Boss - The typical way that salespeople address the managers or the GM. "Hey boss! Got a deal for you!"

Bumping - Raising the customer's offer for a car. "If Mr. Customer says he only wants to pay $250 a month, just say, 'Up to -- ?' He'll probably bump himself up to $300 without you doing anything."

Closer - An experienced salesman who is brought in to "close" the customer by making them agree to a deal. "If I worked with a better closer I'd have more units on the board."

Desk - This is the sales manager, not the place he sits. "Ask the desk if these rebates are still in effect."

Demo - This is the test drive. "This guy comes in, demos the car and I think he's ready to buy, right? Then he tells me the car's for his wife and he can't make a decision without her."

F&I - This stands for the Finance and Insurance office where the documents are signed. The F&I salesperson usually will push products such as extended warranties, fabric protection and alarms. "The wait for F&I is two hours. Better stick with your customer so they don't leave."

Full pop lease - This is when a vehicle is leased at 110 percent of the sticker price - the highest amount allowed by most banks. "I got them into a full pop lease. I'll get a nice voucher for that."

GM - The General Manager. The GM is the head honcho at the dealership. He runs the business from day to day. "The guys were standing out on the curb drinking coffee so the GM called them into the tower and read them the riot act."

Green pea - A new salesperson. "The funny thing is, green peas can outsell the veterans. That's because they don't know how hard this job is."

Grinder - A customer who negotiates for hours over a small amount of money. "We were only $500 apart but the guy wouldn't sign. Man, what a grinder."

Lay down - A customer who takes whatever deal the salesperson offers. "I quoted him monthly payments of $575 and he took it! I wish all the customers were lay downs like that."

Mini - The commission on a deal where the car was sold at close to invoice price. "Sure, the deal was only a mini. But I qualified for a weekend bonus and made a grand."

Mooch - A customer who wants to buy a car at invoice. "People are spending too much time on the Internet. It's turning them into a bunch of mooches."

Packing payments - Adding extra profit to the cost of a car. "This place I used to work got busted for packing payments. Next job I get is going to be in a no-haggle store."

The Point - The place on the car lot where the "up" man stands looking for customers. "The GM saw me standing on the point with my hands in my pockets. He went ballistic and sent me home for the day."

Pounder - A deal with $1,000 profit in it. "Doctor comes in and buys the top of the line model, fully loaded - and he pays sticker! That'll be a two pounder for me."

Rip their heads off - This describes taking a customer to the cleaners. "I stole their trade in, I sold them the car at a grand over sticker - I mean, I just ripped their heads off."

Roach - A customer with bad credit. Not to be confused with the "roach coach" (see entry below). "The guy looked good. But we ran his credit and he turned out to be a roach. We're talkin' a 400 credit score here."

Roach coach - The food truck that comes around to the dealership every day. "I should've known better than to eat that chili from the roach coach. My stomach's killin' me."

Spiff - A tip, kickback or payment of any kind, usually cash which is handed between salespeople. "I spiffed the F&I guy $20 bucks and he took my customers first."

Strong - This has a special meaning on the car lot. It means holding firm on your price and being a tough negotiator. "When they ask for your price you have to be strong. Hit 'em with high payments, then scrape them off the ceiling and start negotiating." (See also "weak.")

Tower - The office where the sales managers work. This is usually a raised platform allowing the managers to see over the roofs of the cars so they can watch customers and their salespeople. "Attention: All new car salesmen report to the new car tower!"

Turn over - Also known as "turning," this is the practice of passing a customer from one salesman to another. It is thought that this will prevent customers from leaving the car lot. The theory is that the customer might just have bad chemistry with the first salesman and he might like the next salesman. "I turned this guy to my partner and he wound up buying. I'll get half of the commission on the deal."

Up - A customer that walks on the car lot. The term probably comes from the order in which customers are taken, as in: "I'm up next." Many dealerships also have an up system. "We've got ups all over the lot, and you're in the back drinking coffee?!"

Voucher - Car salespeople receive a voucher to let them know what their commission was for selling a car. They don't know until the deal is finalized exactly how much they will receive. "Check out this voucher. I thought I had a pounder. Instead it's a mini."

Weak - This describes being a weak negotiator or coming down too quickly on price. "The guy was weak so he only lasted a few months. How are you going to make money in this business if you give away cars?"

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September 4, 2008

Odometer Roll Back

Odometer Roll Back

The Star Ledger reported that a man admitted to odometer fraud in Federal Court on a case that has been pending since 2004.

In 2004 the FBI arrested 17 in a ring that was alleged to have been rolling back odometers.

It was alleged that:

Robert FIORELLO was the financier of the following businesses and as the leader of the Criminal Enterprise, directed all activity in this illegal operation;

JPF AUTO SALES, Bloomfield, NJ
SEMI MOTORS, Garfield, NJ
TRIBUTE AUTO SALES, Bloomfield, NJ
MJS AUTO SALES, Bloomfield, NJ
RP AUTO SALES, Keansburg, NJ
BLOOMINGDALE MOTORS, Bloomfield/Bridgeton, NJ

The enterprise was purchasing cars and rolling the odometers back by hand and by using a computer. The cars would be resold for a higher amount due to the lower mileage.

Odometer roll back

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http://www.consumer-attorney.com/lawyer-attorney-1299380.html

August 24, 2008

Car Dealerships and the Division of Banking and Insurance?

New Jersey has a Division of Banking and Insurance.. There is a special division for banking. Most people forget than car dealerships have a banking license and are subject to regulation by the Division of Banking and Insurance. You can complete the following form and file a complaint against the dealership pertaining to banking issues.

The following information is contained on the website pertaining to filing a complaint.

How to File a Complaint


Telephone: 609-292-7272 or Consumer Hotline 1-800-446-7467
E-mail: 4Consumers@dobi.state.nj.us
Fax: 609-777-0508
Mail: NJDOBI, P.O. Box 471, Trenton, NJ 08625-0471

August 9, 2008

Midas Franchises Investigated in CA.

Midas Franchises Investigated in CA.

According to a CBS affiliate in California 22 Midas Franchises were investigated by the State and were found to be "inflated bills"

This is the list of Stores

Bay Area Midas Auto Service Centers

* 1236 White Oaks Avenue, Campbell, CA 95008
* 2525 Monument Boulevard, Concord, CA 94520
* 6955 Village Parkway, Dublin, CA 94568
* 4045 Thornton Avenue, Fremont, CA 94536
* 3741 Washington Boulevard, Fremont, CA 94538
* 1078 La Playa Drive, Hayward, CA 94545
* 24659 Mission Boulevard, Hayward, CA 94544
* 93 S. Capitol Avenue, San Jose, CA 95127
* 4244 Monterey Hwy., San Jose, CA 95111 5
* 287 Prospect Road, San Jose, CA 95129
* 2200 Stevens Creek Boulevard, San Jose, CA 95128
* 13745 E. 14th Street, San Leandro, CA 94578
* 2710 N. Main Street, Walnut Creek, CA 94596

Central Valley Midas Auto Services Centers

* 704 Clovis Avenue, Clovis, CA 93612
* 3937 N. Blackstone, Fresno, CA 93726
* 7340 N. Blackstone, Fresno, CA 93650
* 4304 W. Shaw, Fresno, CA 93722
* 1412 W. Yosemite Avenue, Manteca, CA 95337
* 338 McHenry Avenue, Modesto, CA 95354
* 3833 McHenry Avenue, Modesto, CA 95356
* 1420 V Street, Merced, CA 95340
* 2651 Greer Road, Turlock, CA 95382

The State is attempting to suspend the licenses of these stores.
This does not seem to be uncommon in this industry. There is another post on my page pertaining to a Jiffey Lube investigation.

The real issue is how do you protect yourself a consumer.


August 6, 2008

What is a Secret Warranty?

There was an article on the NY Times online that contained the following statement

"At least 30 million cars and light trucks manufactured from 1980 to 1986 are covered by undisclosed warranties for undisclosed defects, the Center for Auto Safety says."

The article continued

The center's report, which was sent to the Federal Trade Commission, asserted that such warranty programs were maintained by at least five automobile manufacturers: the General Motors Corporation, the Ford Motor Company, the Chrysler Corporation, the American Honda Motor Company and Toyota Motor Sales U.S.A. Inc.

What does this mean to you. You need to be aggressive in confronting the authorized dealership when they are repairing you car for repeated problems because you never know if there is a known defect for which the manufacturer is paying for claims.

You also should monitor the internet. Very frequently there will be online forums that discuss these known problems and give you information to address you authorized dealership.

Secret warranties are real and need to be addressed by any automobile owner that has confronted continued defects for which warranty coverage is denied.

The Center for Auto Safety also has a nice synopsis on Secret Warranties

There was also a book written on this matter by Clarence Ditlow.

June 12, 2008

New Jersey Consumer Fraud Should be Liberally Construed.

THE NEW JERSEY CONSUMER FRAUD ACT
SHOULD BE LIBERALLY CONSTRUED
TO EFFECTUATE ITS REMEDIAL PURPOSE.


The New Jersey Consumer Fraud Act should be liberally construed to effectuate it remedial purpose. The New Jersey Consumer Fraud Act was passed in 1960 to permit the Attorney General to combat the increasingly widespread practice of defrauding the consumer. Cox v. Sears Roebuck & Co., 138 N.J. 2, 14 (1994) (quoting Senate Committee, Statement to the Senate Bill No. 199 [1960].) The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-2, states:

“Any act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false promise, misrepresentation, or the knowing concealment, suppression or omission, of material fact with intent that others rely upon such concealment, suppression, or omission in conjunction with the sale . . . or with the subsequent performance of such person as aforesaid, whether or not any person has, in fact, been misled, deceived or damaged thereby, is declared to be an unlawful practice.

The Consumer Fraud Act was initially designed to combat sharp practices and dealings that victimize consumers by luring them into purchases through fraudulent or deceptive means. Id. at 16. See also, Lemelledo v. Beneficial Management, 289 N.J. Super. 489, 495 (App. Div. 1995). In 1971, it was specifically amended to include a private cause of action with treble damages, giving New Jersey one of the strongest consumer protection laws in the nation. Cox at 15, Lemelledo at 495. Quoting Governor’s Press Release for Assembly Bill No. 2402, at 1 (April 19, 1971): “The Consumer Fraud Act is no longer aimed solely at shifty, fast-talking and deceptive merchants, but reaches non-soliciting artisans as well.” Thus, the Act is designed to protect the public, even when a merchant acts in good faith. Cox at 16.

Both the New Jersey Supreme Court and the Legislature have declared that the New Jersey Consumer Fraud Act is a remedial statute and, as such, should be construed liberally in favor of consumers. Cox at 16. The Legislative history supports this conclusion, evidenced by two significant Amendments to the Act. In 1962, the Act was amended to include a cause of action for “deceptive practices”. Also, in 1975, the Legislature amended the Act to include unlawful practices in the sale and advertisement of real estate. An analysis of relevant New Jersey law supports the proposition that the Consumer Fraud Act should be liberally in an expansive fashion to protect the consumer for potentially deceptive conduct.

June 8, 2008

Cherry Hill Triplex Investigation

I am still investigating claims against Cherry Hill Triplex if you are an unhappy customer

News

Attorney General Farber and Consumer Affairs Sued Camden County Auto Dealerships

Ripoff report

June 6, 2008

Damaged Cars and Suing the Lender

Damaged Cars and Suing the Lender.

You can collect from the lender for defective cars under the HOLDER RULE.

Since the contract that the lender is holding permits the buyer to sue the lender the lender can be sued up to the amount paid on the contract. The lender in in the position to allocate the rick for such losses and defray the risk

June 4, 2008

Consumer Fraud and Damaged Cars?

Consumer Fraud and Damaged Cars?

What happens if the dealer sells you a damaged car? Have they violated the New Jersey Consumer Fraud Act?

AFFIRMATIVE MISREPRESENTATIONS VIOLATE THE CONSUMER FRAUD ACT

The law in New Jersey is no longer buyer beware and New Jersey has taken the more ethical approach to the sale of goods. The dealer is charged with knowing the goods that they sell such as cars. If they make a promise that the car has not been in an accident they must make good on the affirmative representation. If their statements are false then the dealer can be sued for a violation of the Consumer Fraud Act NJSA 56:8-2

April 22, 2008

Top Consumer Complaints in New Jersey

Used Cars

Computer Sales

Debt Collection

Internet Sales / Goods

Telecommunications

Home Improvement Repair - General

Health Spas / Health Clubs

Home Furniture / Furnishings

Car Repair

March 17, 2008

Craftmatic Bed Complaints!

I had a client call me today with complaints against Craftmatic. The allegation was that he forwarded a payment on time and was not credited until there was a TREMENDOUS late fee that was activated by the late payment and an increase in the interest rate. I did some research and found a Craftmatic complaint site on the web AND it appears that there are many unhappy customers.

It appears that there was also an investigation by West Virginia and a large settlement.

If you have a Craftmatic bed and you have any complaints please contact me for a free consultation .