Submission Number: 563688-00105
Received: 3/5/2013 2:01:01 PM
Commenter: Lendsey Thomson
Organization: The Thomson Law Firm
Agency: Federal Trade Commission
Initiative: 16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604
Attachments: No Attachments
There are numerous problems with the proposed rule but the two most egregious are the box on the back of the form and the "as is" language. This rule would essentially allow the dealers to have two get out of jail free cards. They would be allowed to lie to the consumer by saying that there weren't any defects with the car thus inducing the buyer to sign an “as is” document. Then when the car locks up and runs off the road, like what happened to a client of mine, the dealer can point to the “as is” document. The very same “as is” document that the dealer procured through fraud. That is IF the consumer even saw the “as is” document in the first place. This leads to the second major issue, the box on the back of the form for the manufacturer’s warranty.
A box on the back of a document is a ludicrous place to put anything of any importance. Rarely do my clients ever get to touch the documents much less inspect them and flip them over. So to have this box regarding the manufacturer’s warranty on the back of the document is absurd. It gives the salesmen the opportunity to hide the fact that the car is still under a manufacturer’s warranty, thus allowing them to sell an additional warranty from which they receive commission.
If this rule goes through it will cripple consumer rights and allow the dealers to continue to get away with defrauding our neighbors, friends, family, and us.