Submission Number: 563688-00102
Received: 3/5/2013 10:02:29 AM
Commenter: Joseph Goldberg
Organization: Law Office of Joseph K. Goldberg
Agency: Federal Trade Commission
Initiative: 16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604
Attachments: No Attachments
I am a lawyer whose practice consists mainly of representing consumers against businesses. A large percentage of my cases involve claims against dealers in the sale of used vehicles. I also teach Consumer Law as an adjunct professor at the Widener School of Law, Harrisburg campus.
I oppose the proposed changes to the Used Motor Vehicle Rule. The format of the notice and its content will provide legal cover for dealers who commit fraud. Permitting critical information to be disclosed on the reverse of the form is an inadequate method of informing potential buyers of the nature of the vehicle and any warranty, or lack thereof.
The permitted disclosure as to a dealer's responsibilities for repairs contradicts the law of Pennsylvania and most other states. In effect, the form would be used by dealers as a defense to proper claims by sellers asserting fraud and violations of other state laws governing sales of used vehicles. It encourages dealers to hide defects and not disclose them to buyers.
In essence, the proposed changes will only benefit dealers to the detriment of the many consumers who are their victims.