Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

I purchased a used vehicle in April 2017 - no warranty,

admittedly. 4 days after purchase...
I purchased a used vehicle in April 2017 - no warranty, admittedly. 4 days after purchase, the vehicle broke down and I returned it to the dealership. After 5 hours of "troubleshooting" they insisted nothing was wrong and sent me on my way. 9 days after that, my vehicle became completely and totally disabled and never ran again. I towed it home that day and at the request of the dealership, towed it to them the next day as they agreed to make the necessary repairs to it. 2 weeks later, I was advised my vehicle would be ready (no loaner was provided in the interim). On this day, I was then told that the vehicle would not be ready and that the entire engine (diesel) and the turbos would need to be replaced and the total anticipated cost of these repairs was $12,500 - the cost of the vehicle was just under $25k. The very next day, the dealership ceased any and all communication with me. I sent them a 10 day demand letter in an attempt to recover my vehicle so that I could attempt to get a second opinion. I additionally reached out to my lienholder who then stepped in and assisted me as well. They were not able to make contact with the dealership either so they elected to force the dealer to buy-back the loan. I was told the reason for this would be labeled as "merchant-ability issues and mechanical breakdown". This occurred exactly 2 days after my first payment was due. Fast forward 7 months later, I still don't have possession of my truck, the truck was never fixed, the buy-back did take place, but the dealership also kept my $7,000 down payment and never reimbursed me for my MASSIVE financial losses to date. I filed a JP civil suit against the dealership which goes to court in January 2018, however, I came upon quite the plot twist. I discovered that my lienholder is the reason for the non-action on the dealership's behalf! My lienholder is a subprime lienholder is has a history of being sanctioned in the past for violating debt collection practices (they were sanctioned in 2015 $4.25 million and ordered to pay back $44 million to customers). While they were telling me one story - of the "merchant-ability issues and mechanical breakdown", they apparently intentionally waited until the day after my first payment was due to demand the buy-back from the dealership and presented to them that I was in default on my loan and advised them that they would be happy to assist them in repossessing my vehicle (even though I didn't even have it). This is exactly why the dealership was never under any responsibility to act! They thought I defaulted! I have proof of the reason I was told via an audio call with the department that helped me and I have proof of the story that they presented to the dealership as for some ridiculously stupid reason, the lienholder sent me a copy of it 3 weeks ago! Now, the lienholder is trying to put pressure on the dealership to settle with me, which they only offered me $2500, and then threatened to counter sue me if I didn't take that deal - which is absurd and the lienholder has no intentions of make an offer to me as apparently they don't feel they have any liability in this matter! They are who created this massive mess by grossly and fraudulently misrepresenting the facts! Meanwhile, I am going broke and losing more and more money by the second! I need advice and suggestions on what to do!
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 8 minutes by:
11/24/2017
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 120,172
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the lienholder caused this to happen, I would consider filing a motion for leave to amend your suit in JP court and add in the lienholder as another defendant and take both the dealer and lienholder to court. If the dealer comes into court and proves the matter has not been settled because of something the lienholder did and not the dealer in this matter, then the suit against the dealer could be dismissed and you still have to sue the lienholder and file a new separate action.

So I would seek to amend the small claims suit now to name the lienholder as one of the defendants to get this settled all in one suit.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Consumer Protection Law Question
Customer reply replied 20 days ago
Since the lienholder provided me one reason and provided the dealership a completely different reason, assuming all of that is accurate, would that appear to qualify as a suit under the Texas Deceptive Trade Practices Act?

Thank you for your reply.

It is breach of the implied warranty of merchantability for certain, but yes, if you can prove the breach of the implied warranty it could also be a violation of the DTPA as well.

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 120,172
Experience: Attorney experienced in commercial litigation.
Verified
Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 20 days ago
Ok, perfect. That's what I was thinking. I just wanted to make sure I wasn't the only one that was potentially seeing this. I greatly appreciate your help.

Thank you for your reply.

The DPTA may be on the lienholder as much or more than the dealer too, so adding them to the suit is still a good idea even if it means you need to go from county to district court to sue them based on the increased damages allowed under the DPTA.

Ask Your Own Consumer Protection Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 120,172
120,172 Satisfied Customers
Experience: Attorney experienced in commercial litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,924 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,418 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,603 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,182 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
A collection agency sent me a demand for payment of an old
A collection agency sent me a demand for payment of an old medical bill. In the letter, the agency stated that they had enclosed a copy of my original bill for debt verification purposes. Upon inspect… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question, I been insured with geico insurance for
Hi I have a question, I been insured with geico insurance for more then 3 years and unfortunally I have 3 small claims 2 are not fault and 1 fault but now they are refusing to sell coverage to me is t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,379 satisfied customers
I gave a welding company a bumper to weld for me. They have
Hi, i gave a welding company a bumper to weld for me. They have a business sign in front of their property and a listing online. They didn't give me any paperwork, to acknowledge that they received my… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,924 satisfied customers
I'm a general contracting and hired a sub to complete a
I'm a general contracting and hired a sub to complete a plumbing job. They totally bastardize the work. They are threatening a lien against another project that I had them working on. I'd like to stop… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,924 satisfied customers
My son signed a contract with School of Business in
My son signed a contract with Harris School of Business in Philadelphia, PA. Can he legally cancel within 24 hrs? What would be the best way to handle this? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,172 satisfied customers
In your opinion, should I NOT respond by the due date, and
In your opinion, should I NOT respond by the due date, and perhaps if they get a default judgment, then can I try to settle with them for less than the judgment amount by threatening to file bankruptc… read more
Ray
Ray
Lawyer
Doctoral Degree
30,505 satisfied customers
I have a contract with life alert. they will not cancel
i have a contract with life alert. they will not cancel unless i pay them $400.00. My contract is not uo till 7-19.. I am 85 and cannot affor $70.00 a month. Is there any help? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,125 satisfied customers
I have an LG cooktop that i bought end of March 2017, still
I have an LG cooktop that i bought end of March 2017, still under warranty. the day after Thanksgiving it would not turn on. LG, on Friday 11.24, they gave me two repair places in Penn. but they do no… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,172 satisfied customers
A judgement was filed on me and my company march 16 2016 for
A judgement was filed on me and my company march 16 2016 for 3M I have avoided J/D service since that time residing in another state. prior to the judgement 3/2015 I transfered @ $1M in a trust (Estat… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
198 satisfied customers
I have a company that stole 14k from me. If I get him for
I have a company that stole 14k from me . If I get him for fraud will I be able to get my money back? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,125 satisfied customers
My close friend had a an upsetting and bizarre situation.
My close friend had a an upsetting and bizarre situation. She had a very bad experience with a surgeon at a medical center at a hospital 120 miles from her home town. She was discharged in such poor c… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,145 satisfied customers
I was served with a court summons from a... I was served
I was served with a court summons from a... I was served with a court summons from a bank for an unpaid credit card debt. I was offered a settlement amount a month ago and sent a check for that amount… read more
Ray
Ray
Lawyer
Doctoral Degree
30,505 satisfied customers
I have been communicating with a man from an online dating
I have been communicating with a man from an online dating site. He seems very nice and I have not detected anything strange with him, but to be cautious, I would like to have him checked out to be su… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,182 satisfied customers
I had a garnishment placed on my check over the last year
Hi I had a garnishment placed on my check over the last year and a half they have collected 9687.37 of 10485.13 they now want to collect another 5795.35 is this legal ( I'm in VA) that would make me p… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,125 satisfied customers
A company is providing robo called generated calls. They
A company is providing robo called generated calls. They have people submit the lead online and then their automated system calls them. In their disclaimer, it states "you may receive an automated cal… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,172 satisfied customers
I brought my car to Big O Tires to repair a power steering
I brought my car to Big O Tires to repair a power steering hose. They also found a leaking rack and pinion as well as worn wheel bearings. I approved the replacement of those items on a quote for $1,5… read more
socrateaser
socrateaser
1,031 satisfied customers
Icc filed a complain about a utily company over charging me
icc filed a complain about a utily company over charging me on my bill for 18 years, can I sue? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,172 satisfied customers
I have a question regarding being overbooked by a resort. I
Hello ,I have a question regarding being overbooked by a resort. I have made an online reservation for a 8 days stay in Mexico through Iberostar resorts. The reservation was confirmed through email an… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,924 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x