Consumer Protection Law

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Purchased a car from a big online company in November. Car…

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Purchased a car from a...
Purchased a car from a big online company in November. Car was financed by a local bank and I received the car 10 days after purchase. I have been waiting on the dealership to send the title to the bank as my state (New Mexico) retains the title and requires it for registration. The dealership says the title is lost but several folks on their social media are complaining about the same issue. I paid six figures for this car and I am afraid that I will never be able to register it. I have called and emailed with no success. They won’t answer the phone nor will they respond to emails. I can’t drive the car as the manufacturer won’t service cars that are not registered to the owner. I am also out of date on my temp tags since December! Please help me with an appropriate approach from a legal stand point. I want to find an attorney to help me. The dealership is in Texas and I am in New Mexico.
Submitted: 2 months ago.Category: Consumer Protection Law
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Answered in 3 minutes by:
3/20/2018
Consumer Protection Lawyer: RayAnswers, Lawyer replied 2 months ago
RayAnswers
RayAnswers, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 47,172
Experience: 30 years as Texas lawyer representing consumers
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Consumer Protection Lawyer: RayAnswers, Lawyer replied 2 months ago

File complaint here

We investigate complaints against vehicle dealers licensed to sell vehicles in Texas. You can file a complaint whether you are a consumer or a vehicle dealer. For additional information or assistance with enforcement actions, call us at(###) ###-####or(###) ###-####

TXDMV.GOV - Contact - Texas Department of Motor Vehicles

https://www.txdmv.gov/contact-us

Another one here

https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint

Lawyer to sue here for deceptive trade practices

Contact us by phone:(###) ###-####(Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m. The call-in service is closed on legal holidays.

Here is the Primer in a Nutshell: (Too many euphemisms?)

  1. Have to be a Consumer: Have to buy or lease something. Can be goods, materials or services.
  2. Proper Defendant: Someone who sold or leased goods, materials or services.
  3. Defendant Committed DTPA Violation: This can include any one of the 24 subparts of Section 17.46(b) or anyone of the numerous "Tie In" Statutes. However, here are the most common violations and most probably the ones affecting you: Representing the characteristics or qualities of the good or service to be one thing when they were of another.
  4. The misrepresentation or violation of the DTPA causes injury or damage to you.

That's it. That is the DTPA in a Nutshell. Naturally, it get's way more complicated than that but that is what every case starts with if you drill down to the basics.

There are some SPECIAL aspects of the DTPA such as:

  • You get attorneys' fees. No matter how big or small your claim is, the DTPA doesn't just "allow" attorneys' fees. It AWARDS them if a violation occurs.
  • You can get ADDITIONAL DAMAGES. These are extra damages that can be awarded if the Defendant commits a DTPA Violation "KNOWINGLY". And Knowingly means what it sounds like it means. That the Defendant was aware they were making a misrepresentation when they made it.
  • TREBLE DAMAGES. This is one of the most misunderstood parts of the DTPA even for lawyers. First, Treble Damages or three times the award or Additional Damages are not automatic. The jury or fact finder CAN award UP TO Three Times the actual damages. Or they can award nothing. Zero. Not one dime. It is optional and in no way is it definite, sure or certain. In addition, the TREBLE part is the LIMIT of what you can recover. It means that you can get a TOTAL award of THREE (3) times your actual damages. Or your actual damages plus twice again that amount. Example: If you win $10,000 in actual damages, you can recover ADDITIONAL DAMAGES of $20,000 or a TOTAL award of $30,000.
  • TREBLE DAMAGES or ADDITIONAL DAMAGES do not include court costs or attorneys' fees.
  • ADDITIONAL DAMAGES allow evidence of mental anguish after a KNOWING violation. Conversely, there are no MENTAL ANGUISH damges, inconvenience damages or damages because you went through a hell of a lot of trouble at the ACTUAL damages phase. You only get to present evidence of these injuries if the jury finds the Defendant committed a DTPA violation KNOWINGLY.

Thee are very lucrative suits, treble damages plus legal fees.

I appreciate the chance to help you tonight, sorry this happened.

I appreciate the chance to help you tonight.Thanks

If you can positive rate5 stars at top of page it is much appreciated.

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Customer reply replied 2 months ago
I have looked into contacting the attorney general but I feel like hiring my own attorney would be a much faster way to achieve results. Does the situation sound like it is potentially a fraud claim of some sort? If not what exactly am I looking at as far as attorneys go? Should I be seeking an attorney in Texas or NEw Mexico?
Consumer Protection Lawyer: RayAnswers, Lawyer replied 2 months ago

Texas you have to sue them there.Also Texas has real good deceptive trade practices law with treble damages.I would try them all here, I mean AG doesn't cost anything.Heat these guys up your title may appear.Fraud here is another cause of action that may come into play.

Thanks again.

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Category: Consumer Protection Law
Satisfied Customers: 47,172
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Experience: 30 years as Texas lawyer representing consumers

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