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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16288
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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I went to a dealership and stayed there for 3 hours trying

Customer Question

Hello, I went to a dealership and stayed there for 3 hours trying to buy a car. then the guy went back on his word over $200, it ws just the principle and I said forget it good bye. I did ask for my paper work and they refused to give it to me. I called local police and they told me they can't force them to give me back my paper work. Which contained my income and my social security number. I do not feel safe them having that kind of information. What can I do? Should I call the police again? Is there any laws to protect me? The lady started ripping up papers as soon as I said I will call the cops if I don't get my social back.
Submitted: 21 days ago.
Category: Consumer Protection Law
Customer: replied 21 days ago.
Is there some law to make them give me my personal information back. Especially since they do not need it.
Customer: replied 21 days ago.
I'm also looking at the paper work I managed to take with me and the price is correct. Except the final price
Customer: replied 21 days ago.
They ruining my credit by looking it up then saying II passed and last minute changing their minds and upping the offer saying they never agreed on it.
Expert:  Legalease replied 21 days ago.

Hello there --

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I am in Massachusetts. What they have done here is not uncommon in the car sales industry. On the paperwork that you put your social security number on, was there any language about granting them permission to look at your credit report (that is what a dealer uses your social security number for -- so they can determine how much you are able to afford while they are having the conversation with you).

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MARY

Customer: replied 21 days ago.
They told me to see if I'm am eligible for financing and I was. It was the sheer principle the guy had me there and went back on his word over $200.
Customer: replied 21 days ago.
She ripped up some paper work and on the paperwork was our original agreement and have it to me. I priced it back together.
Do I have any laws protecting my private information if the deal is canceled. Or can I go after them for messing up my credit score especially if I have proof of our original agreement in pieces
?
Customer: replied 21 days ago.
The lady was very rude to me and as soon as I said I won't pay the extra 200$ which is nothing but slimy sales tactics , she also started to rip papers in front of me when I said I would call the cops to get my info back.
Customer: replied 21 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 21 days ago.
Is there some kind of consumer protection laws that prohibit them from retaining this information after the deal was called off? Also if I have proof of our original agreement can I do anything with that? Lawsuit for lowering my credit score??
Expert:  Legalease replied 21 days ago.

Hello again --

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Because you gave them your social security number voluntarily and agreed to let them determine if you were eligible for financing, you agreed to let them get a copy of a credit report for you and there is no legal recourse that you have against the dealer for getting that credit report. However, they have no legal right to use that information for any other reason and I cannot understand why they simply did not give it back to you. While the dealership may have been dishonest, dealers have been sued on these points in the past, and the courts find for the dealers because the courts call the practice legal "puffing" of their products and legal to negotiate in this manner. I have two suggestions here for you in this matter:

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A. Send the dealership a written request for your paperwork to be returned to you and also tell them that they do not have permission to use your personal information for any purposes whatsoever.

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B. File a written complaint with the Massachusetts Attorney General's Office against the dealership for Deceptive Business Practices. The MA AG's offices have a website and you can actually file a complaint online regarding these matters. If your paperwork is still available at the dealership, someone from the AG's offices can assist you in getting it back.

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Regarding any additional legal action -- if you had not caught the addition of the $200 and then you purchased the car and noticed it later, you could sue them under the Massachusetts Consumer Protection Act for Unfair and Deceptive Business Practices. However, there is no lawsuit that you can bring for lowering your credit score because you let them check your credit report voluntarily and unless you actually purchased the car and lost money to them, you may have caught their Deceptive Practices in the act, but you did not lose any money and so there is nothing to sue over. A complaint to the Attorney General's Offices about this will go a long way because the AG does investigate and will eventually shut down dealerships who act in this manner on a regular basis.

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I hope that this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be paid for and given credit for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the star rating section. THANK YOU VERY MUCH

Expert:  Legalease replied 21 days ago.

I just noticed your request for a telephone call. I am happy to send you the offer but there is an additional charge of $65 to speak on the telephone with a lawyer (that is Just Answer's rules and not mine) and I think I pretty much covered above what you should and can do under the circumstances in Massachusetts. However, if you still want to talk on the telephone, please let me know and I will send the offer, get your telephone number and we can proceed. I just wanted to make sure you were aware of the additional charges before you agree to it.

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MARY

Customer: replied 21 days ago.
but I let them check the score as long as the price was settled which I have written proof of agreed upon price. They changed the price after running my credit score. There were the terms I let them check my personal information in the first place, otherwise I wouldn't. This could effect me in the future. Is there anyway I can have the police document this information? such as how much they wanted and how much I have proof that I don't believe they know I have and take them to small claims?
ALSO the police officer said they don't want me there anymore. Can I call them and threaten to contact the attorney general unless they do something about it? Or will this end up getting me in trouble. I want written proof of what they told the police officer but the cop said they won't write a report just a "something i don't remember.
Customer: replied 20 days ago.
I do not want a phone call unless you are willing to contact them and get my information back and I will certainty pay you a fee.
Customer: replied 20 days ago.
Also can I ask the police to add an incident report and include that they refused to give me paperwork that contained my social?
Customer: replied 20 days ago.
Is is $65 for the whole session, Could you add a letter if I do it?
Expert:  Legalease replied 20 days ago.

Hello again --

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Unless your terms for checking your credit with your SS number are written into the document you signed, they do not have to abide by any verbal promises they made to you about not checking credit unless the price was agreed upon. There is a legal rule in court regarding contracts and promises and it states that what is written is the contract and the court will not even let you try to prove that anything else was said.

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The police will tell you that this is not a criminal matter -- it is a civil consumer matter and if you continue to contact the dealer they may charge you with harassment of the dealership. Your best avenue is to file a written complaint with the MA Attorney General's offices and they may be able to assist you there.

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I do not set prices here and a letter is not included in the price for a telephone call. Just ANswer is not a client representation company -- they simply provide information and answers and tell people whether or not there is any legal recourse to go on moving forward for much less than you would be able to even speak with a local attorney (lawyers generally charge $200 per hour for any and all services). Again, I do not see any immediate legal action in the form of a lawsuit that you can take for their actions but you do have a valid consumer complaint.

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I hope that this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be paid for and given credit for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the star rating section. THANK YOU VERY MUCH

Expert:  Legalease replied 16 days ago.

Hello there -- Because I am in Massachusetts we can probably work out something reasonable regarding all of this,, I would ask that you press the middle, or the fourth or fifth right in the STAR section above the messenger boxes so we can close out this topic here in Just Answer). After thantk yous have been exchanged herein you may want to try for further information by contacting me directly at***@******.***. THANK YOU VERY MUCH.................MRY

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