Consumer Protection Law

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We are an used car dealership in Colorado. A UCC examiner…

We are an used car...
We are an used car dealership in Colorado. A UCC examiner from the State attorney generals office conducted a routine review of our accounts and determined that we had been charging a late fee of $30, which exceeded the UCC limit of $15. I would like to know if there is a statute of limitations regarding how far back we would be required to refund previous customers.
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Answered in 5 minutes by:
10/17/2017
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,389
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Most people do't realize it but many lawsuits can be filed under different causes of action which make the statute of limitations vary.

There would be a statute of limitations and it could be up to six years depending on how they phrase the lawsuit (cause of action). That could also be calculated from the time it was discovered rather than from the time it was collected.

The six years is based on it being a suit on account. It would be three years for a standard breach of an oral or written contract, with the starting date again being from the date it was discovered.

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Customer reply replied 8 months ago
would the state attorney generals office have the authority to act on behalf of all our previous customers, or would each customer have to sue us for the late fee overages individually?

The AG can bring an action or, if enough people are involved, a lawyer can bring a class action. In addition, each customer can bring their own action if they desire.

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Customer reply replied 8 months ago
Finally, are these types of UCC actions by state AG offices common? That they actually sue small businesses for UCC violations routinely? Or is is more likely a scare tactic?

Yes, it is common. They will usually settle rather than go to trial but if they see it they usually pursue it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,389
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Verified
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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

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