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GM Dealership Hit With $350,000 Judgement For Wrongful Repossession
jalopnik ^ | August 29, 2024 | Andy Kalmowitz

Posted on 08/31/2024 5:06:19 PM PDT by xxqqzz

A federal judge just upheld a $350,000 punitive damages judgment against a General Motors dealership in Michigan in a spot delivery and wrongful repossession case. The U.S. district judge rejected the argument from Suburban Chevrolet Cadillac of Ann Arbor that the award was excessive. Here’s how this all came to be.

In July of 2020, a bad time for everyone, Tina McPherson made a $2,000 down payment on a 2017 Dodge Durango and applied for financing from two lenders, according to Automotive News. The following day, she completed the paperwork and took delivery of the SUV. Everything was OK for about a week, and then things went south. She received an adverse action notice from one of the two lenders. The suit alleges Suburban Chevrolet Cadillac submitted an application with different terms to a third lender without her permission. Not good.

McPherson wasn’t going to take this lying down, so she refused to sign the new financing documents or return the title. That’s when the dealer hired a towing company to take back the Durango, and the finance manager told her the dealership was keeping $900 of the down payment to cover expenses, AutoNews reports.

At trial, a Michigan jury found Suburban Chevrolet Cadillac was in violation of the Fair Credit Reporting Act, Equal Credit Opportunity Act and several state laws, as well as conversion and improper repossession. The store fought to ave the $350,000 in punitive damages reduced, but Judge David Lawson refused to do so in an opinion in late July, according to Automotive News.

(Excerpt) Read more at jalopnik.com ...


TOPICS: Crime/Corruption; US: Michigan
KEYWORDS: automotive; consumer; davidlawson; lawsuit; loans; repossession
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I saw a video by a consumer lawyer on this. The judge declined to reduce the punitive damage and made the dealer also pay $400K+ in attorneys' fees.

They would say the buyer was declined for credit and try to negotiate worse terms for the buyer after the buyer had the car. Then they would repossess if they buyer did not agree.

1 posted on 08/31/2024 5:06:19 PM PDT by xxqqzz
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To: xxqqzz

Bad link.


2 posted on 08/31/2024 5:17:31 PM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: xxqqzz

A classic bait and switch scheme. They shouldn’t have let her drive the car off the lot until the financing had been approved and finalized. She drove off in the vehicle thinking she had contracted for a certain set of terms. The dealer changed the terms of the contract after letting her take possession of the car.

That’s a no-no.


3 posted on 08/31/2024 5:19:09 PM PDT by CFW
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To: xxqqzz

Should have given someone at the dealership 30 days in county.


4 posted on 08/31/2024 5:19:13 PM PDT by HYPOCRACY (Brandon's pronouns: Xi/Hur)
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To: coloradan

https://jalopnik.com/gm-dealership-hit-with-350-000-judgement-for-wrongful-1851632085


5 posted on 08/31/2024 5:20:35 PM PDT by xxqqzz
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To: xxqqzz

Car dealerships do this crap all the time. They have you sign a deal and then they renege on the deal, claiming that they need you to sign another one because they “accidentally” sold a trimming or service that added to the price.


6 posted on 08/31/2024 5:26:08 PM PDT by Jonty30 (Genghis Khan did not have the most descendants. His father had more. )
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To: xxqqzz

F’n Aye Beautiful!!! She hit the jackpot after the hell they dragged her through! This was not an aberation and a one time incident, this was SOP for the dealership, that’s why the jury hit them back HARD!

The Bastards never learn.


7 posted on 08/31/2024 5:32:00 PM PDT by wetgundog
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To: xxqqzz

Did the buyer read the 10+ pages (example) of tiny type?


8 posted on 08/31/2024 5:32:50 PM PDT by TribalPrincess2U (Bye done!)
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To: xxqqzz
From the article:

It’s always lovely to see dealers having to pay up for the shitty stuff they try and pull on buyers. It doesn’t always happen, but we’ve recently covered a dealer who talked a Ford Maverick buyer into paying nearly $1,000 a month for the truck, a dealership that sold a car out from under a woman who brought it in for repairs and a dealer that was sued for taking back a man’s new car just two weeks after he bought it. It’s rough out there.

9 posted on 08/31/2024 5:33:13 PM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: xxqqzz

My Dad’s advice when I was 12 or 13...never borrow to buy a car.
I never have. My first was a ‘31 Model A I got for free, then a ‘50 Ford w/a flathead V8, I bought for $9.
I now have 5 collector cars, a Porsche, a Silverado HD, and a Toyota 4Runner. Never a car payment. Thanks for the great advice, Dad! financing will keep you poor, guaranteed!


10 posted on 08/31/2024 5:34:56 PM PDT by Fireone ("and dumb & silent we may be led, like sheep, to the Slaughter." G. Washington 1783)
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To: Fireone
My first was a ‘31 Model A I got for free, then a ‘50 Ford w/a flathead V8, I bought for $9.

You must have been on Earth for a long time! I got some good deals back in the 1960's and 1970's. Bought cars at police auctions for $12. Traded parts worth $15 to $50 for good cars. A neighbor offered me two 1951 Chevys in perfect shape with low mileage, for $100 because he was old and could no longer drive. I said no, because I had no space for more cars as a teenager. I traded some wheels that cost me $15, to a friend that tipped me off to a woman giving away a '57 Chevy coupe, had no engine and she wanted it gone. I got lots of good cars for cheap (under $100), paid cash, and likewise sold them cheap. Kicking myself for selling the '57 coupe with 327ci engine and racing gear for $300 back then, oh well.

As adults, my wife and I always paid cash for new cars, because we didn't want to pay interest towards loans. We get 20 years or more out of them before selling them. Currently down to 4 vehicles, 3 of them older than 24 years. Always get offers to sell, but not ready yet.

11 posted on 08/31/2024 5:56:27 PM PDT by roadcat ( )
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To: xxqqzz

What the dealer did is common practice. An application signed and is submitted to the lender. Even though you may take delivery you do not have a loan agreement until it’s approved 2 or 3 days later. If that loan app is declined and this woman refused to resubmit another application she should have been repossessed.


12 posted on 08/31/2024 6:03:02 PM PDT by Responsibility2nd (Leaving Abortion up to the States is like Leaving Slavery up to the States.)
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To: CFW

The dealer changed the terms of the contract after letting her take possession of the car.

_________________________________________

Actually standard verbiage in these contracts make the sale subject to loan approval. She didn’t get loan approval and she refused to cooperate. She should have been repossessed


13 posted on 08/31/2024 6:05:37 PM PDT by Responsibility2nd (Leaving Abortion up to the States is like Leaving Slavery up to the States.)
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To: xxqqzz
I would have to look at the exact papers she signed. On the last car I bought I had signed paperwork which said if the financing fell through I would have to bring the car back in good condition or bring a check to pay for the rest of the car. They had a direct connection to my credit union for the loan pre-approval so I didn't expect trouble.

I had snagged that car out from someone who didn't qualify without a cosigner earlier in the day. Car buying was so ugly right after COVID that I'm surprised the dealer didn't have potential buyers have gladiator fights for the chance to buy.

14 posted on 08/31/2024 6:12:00 PM PDT by KarlInOhio (7/13/2024:The day the Democrats and their SA chose assassination as their primary political tool.)
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To: Fireone

We’ve almost always bought used cars (two 2014 model years in the garage right now). We’ve made large down payments, kept the loan term short as we could afford, and gotten better rates at the Credit Union than from the dealership. We’ve kept the car salesmen at the dealership to 11:30 pm on the last day of their fiscal month. They are trying to beat their sales goal and are motivated. Then we keep our cars for 10 - 12 years. We are both retired and are wondering if we’ll need to buy another car.


15 posted on 08/31/2024 6:13:45 PM PDT by ProtectOurFreedom (“When exposing a crime is treated like a crime, you are being ruled by criminals” – Edward Snowd)
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To: Responsibility2nd
A comment at the link. Now this looks probable....

I might misunderstand, but here’s what it looks like to me: Tina applied to 2 financing companies, selected the offer from one, finished the paperwork, and owned the car. So far, so good, a normal process. But then the dealership submitted a third financing request to a third company, but giving materially different information about Tina. Maybe they thought they could get a bigger kickback from this third company?  Anyway, the company that Tina originally contracted with learned of the new application with different information and cancelled their agreement with her. To them, I suppose, it looked like Tina lied on her application, which is valid grounds for cancellation. So, now that the finance company rescinded her offer, the dealership wouldn’t get their money, so they tried to repossess the car.  Because of a problem they caused.

16 posted on 08/31/2024 6:14:48 PM PDT by Responsibility2nd (Leaving Abortion up to the States is like Leaving Slavery up to the States.)
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To: CFW
"They shouldn’t have let her drive the car off the lot until the financing had been approved and finalized."

Now that is way too obvious. Kind of like saying, "Don't eat yellow snow".

17 posted on 08/31/2024 6:15:50 PM PDT by Retain Mike ( Sat Cong)
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To: Responsibility2nd

5 years ago I was buying a CPO Nissan at a dealership. A sweet part of the deal was Nissan factory financing at 1.9%.

The F&I guy said no, that rate had expired and I had to accept a 4.9% rate from another lender. I said look, here it is on Nissan’s office website. 1.9. Still available.

He said he would not submit for that. I said OK, I will. The website had the option to apply online, so I left the finance office and took a seat at a desk and proceeded on my iPhone to submit the app for 1.9%.

This really pissed off the finance manager. He was not happy, but he called me back in his office, submitted the app to Nissan and I got what I came for.


18 posted on 08/31/2024 6:23:15 PM PDT by Responsibility2nd (Leaving Abortion up to the States is like Leaving Slavery up to the States.)
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To: roadcat

Loved your story! Small world, I have owned 51 1957 Chevys.
I still have 4, just sold one last week.
Have done much the same, horse traded my way up. Lots of parts and car deals to get here, lol!
Have only bought one new car in my life, a 76 Chev 3/4ton cargo van, for $4100. Built a surfer van out of it and made good bank in less than a year.


19 posted on 08/31/2024 6:39:19 PM PDT by Fireone ("and dumb & silent we may be led, like sheep, to the Slaughter." G. Washington 1783)
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To: Jonty30

Yes, as a kid this happened twice. I was too dumb to fight it. It will never happen again.


20 posted on 08/31/2024 7:11:58 PM PDT by redfreedom (May God save us from what the Democrats do in the name of good.)
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