[HN Gopher] Auto dealer Napleton fined $10M for illegal fees and...
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       Auto dealer Napleton fined $10M for illegal fees and discrimination
        
       Author : zachshefska
       Score  : 44 points
       Date   : 2022-04-02 15:54 UTC (7 hours ago)
        
 (HTM) web link (www.ftc.gov)
 (TXT) w3m dump (www.ftc.gov)
        
       | rkuester wrote:
       | These guys screwed me over in exactly this way when I bought a
       | car from them three years ago. I raised hell when the deal I was
       | asked to sign was for ~$2k more than we negotiated, but they
       | wouldn't budge. I should have walked away, but it's hard when
       | they spring it on you at the last second after you've spent hours
       | getting to that point. Before I left their lot, I pulled the
       | license plate frames with their name off the car and made a show
       | of throwing them in showroom trash can. I told them they had sold
       | a car, but I would forever tell everyone I know how shady they
       | were.
       | 
       | I'm happy to see this.
        
         | zachshefska wrote:
         | I'm sorry you had that experience. I've helped dozens of people
         | buy cars from them and they are notorious for this. It's a
         | shame, most dealers do this crap. It's ridiculous.
        
         | ourmandave wrote:
         | The $10M fine is going directly to their victims. Maybe you can
         | get part of it.
        
         | ahmedalsudani wrote:
         | +1 they literally did the exact same thing to me a few months
         | back. I'm still trying to get my money back from them.
        
         | toomuchtodo wrote:
         | You will want to contact the FTC Consumer Response Center
         | (877-382-4357) to receive information for applying for
         | restitution as part of this action.
        
           | rkuester wrote:
           | Thanks for the heads-up!
        
       | zachshefska wrote:
       | OP here: I run a popular youtube channel helping people get fair
       | car deals (search YAA). We are building a crowdsourced database
       | of reviews to find dealers who are doing this type of stuff:
       | https://joinyaa.com/car-dealer-reviews/results/
        
         | ahmedalsudani wrote:
         | Thank you OP. Wish I had found you earlier this year before
         | buying a car from them!
        
       | notimetorelax wrote:
       | I wonder how this is not a felony charge?
        
         | noasaservice wrote:
         | It's about rich people and C levels.
         | 
         | Those people are nearly immune from criminal wrongdoings.
        
           | rootusrootus wrote:
           | As long as they're screwing over regular folks. Mess with
           | other rich people and all bets are off. E.g. Elizabeth
           | Holmes.
        
         | ghastmaster wrote:
         | It is a civil violation not a criminal violation.
        
           | ccleve wrote:
           | Fraud is criminal. They should have filed criminal charges.
        
             | ghastmaster wrote:
             | My original comment was misinformed. I did not realize the
             | full scope of civil law.
             | 
             | According to 815 ILCS 505 there are only three defined
             | instances that warrant a felony charge and this is only if
             | there is a previous conviction(misdemeanor).
             | 
             | I'll leave it to you to show me where in the U.S.C. there
             | is an opportunity to charge them with a felony.
        
               | ccleve wrote:
               | 18 USC 1001, plus others. Mail fraud would be one
               | vehicle. Also conspiracy.
        
               | tptacek wrote:
               | Does the FTC accuse them of lying to federal authorities?
               | That's what 18 USC 1001 is about. (It's Ken White's
               | archetypical example of a bullshit statute, for what it's
               | worth).
        
         | ccleve wrote:
         | Exactly. Their revenues are approximately half a billion
         | dollars. The 10 million-dollar fine will do nothing. A few days
         | in jail for the senior people would have a much bigger effect.
        
       | kcb wrote:
       | Buy a Tesla. Its the only way to put a stop to this.
        
         | erdos4d wrote:
         | Buy a 10 year old cheap Honda and drive it until it dies. Buy
         | it from a person. Flash the $90K you saved at the Tesla owners
         | as you drive by.
        
           | mirceal wrote:
           | flash the public address of your bitcoin wallet. hahahahahaha
        
         | kQq9oHeAz6wLLS wrote:
         | Or from any number of "no haggle" dealers. There are plenty.
        
         | bool3max wrote:
         | Lmao
        
         | megablast wrote:
         | Buy a bicycle. It puts a stop to this and doesn't pollute.
         | 
         | The number one cause of micro plastics near waterways comes
         | from car tires.
        
         | longtimelistnr wrote:
         | No it's not, and I'd actively encourage not buying a Tesla
        
           | splitstud wrote:
        
           | kcb wrote:
           | Then continue the fever dream nightmare that is the car
           | dealership.
        
             | rootusrootus wrote:
             | Walk into a dealer and say "I will pay that price on the
             | window, but on the condition you won't even _try_ to upsell
             | me in F &I." Aside from a minority of shady dealers, most
             | regular car dealers will smile sweetly and tell you where
             | to sign and who to make out the check to.
             | 
             | Tesla just formalizes this by forbidding negotiation. Some
             | people like that. But historically people _like_ to
             | negotiate on big purchases. It 's a game, how close to
             | invoice can you get, etc. Can't really have it both ways.
             | 
             | And frankly, most people like to pick from inventory, too,
             | and have options. Tesla doesn't carry inventory nor do they
             | really have much in the way of options. They're catering to
             | a niche. People who are okay with a limited selection and
             | are willing to wait.
        
               | shiftpgdn wrote:
               | That is such a naive take. If you promise to pay MSRP
               | they're going to do everything possible to take you as a
               | mark. No honor amongst thieves.
               | 
               | Buy a Tesla.
        
               | rootusrootus wrote:
               | LOL. I work with dealers as part of my job. They're just
               | going to sell you what you want. The easiest marks are
               | the folks who think they know how to negotiate. If you
               | are straightforward and you follow through, they aren't
               | going to screw around trying to get another few bucks,
               | they're going to take the sale.
               | 
               | Don't just go make Elon richer.
        
               | kcb wrote:
               | >Walk into a dealer and say "I will pay that price on the
               | window, but on the condition you won't even try to upsell
               | me in F&I." Aside from a minority of shady dealers, most
               | regular car dealers will smile sweetly and tell you where
               | to sign and who to make out the check to.
               | 
               | Every dealership I've been to will nod their head then
               | precede to upsell you in F&I. They'll make sure you don't
               | actually get to F&I until you've been their for 5 hours
               | where you're so tired, hungry, and agitated you just want
               | to gtfo with your car. That's not to mention todays
               | market where every dealer acts like and prices like its a
               | privilege to be able to pay them $50,000+ for a vehicle.
        
               | mirceal wrote:
               | where are you people buying your cars?
               | 
               | (setting aside the pandemic)
               | 
               | you always want to do your research before ever going to
               | a dealer, any dealer. after that you go and see the car +
               | test drive it.
               | 
               | after that you talk $$$. if you drag this process for
               | more than 30-40 min or try stupid stuff, as a customer I
               | will get up and walk. Also for my last car the dealer had
               | a guy that was assigned specifically for internet sales
               | and I actually saw the car in person + worked out all the
               | details through email.
               | 
               | again, as a customer (minus the pandemic shiftshow which
               | will eventually die down) you have the power to decide
               | what is and what is not acceptable.
        
               | wbl wrote:
               | Just walk away.
        
               | kevin_thibedeau wrote:
               | Start a stopwatch when you sit down. Tell them they have
               | 15 minutes to complete the sale or you walk. They can
               | save time by discarding the upsells you're going to
               | decline.
        
               | JumpCrisscross wrote:
               | > _Start a stopwatch when you sit down_
               | 
               | In this car market they'd be crazy to give up a car
               | without upselling, given manufacturers' prohibitions on
               | raising prices.
        
               | rootusrootus wrote:
               | That's a fallacy. It's kinda like thinking a real estate
               | agent is always going to get you the best price. No, he's
               | going to get whatever results in a guaranteed sale right
               | now. Dealers are no different. Sure, they'll sell the car
               | to someone else if you walk. But you're _right there_ ,
               | paying the price they asked for. They're not going to
               | quibble over F&I.
        
               | rootusrootus wrote:
               | I find that if you play no games and you are completely
               | honest about your intentions, they'll just do what you
               | want. If they start to act a little shady, just get up
               | and head for the door. You'd be surprised how quickly the
               | sales guy (or F&I, same difference) gets the picture. You
               | don't let a sticker price customer walk over some missed
               | upsells. Source: I work for a company that writes
               | software for dealers, I pick up a lot of insider
               | knowledge along the way, including strategy. And I've
               | bought like 30 cars over my life. These days I just get a
               | price by email and then walk in to grab the keys. I
               | rarely have to stand up and walk towards the door,
               | because I know who the shitty dealers are in the area and
               | I avoid them. Most of the major manufacturer dealers
               | aren't particularly shady.
        
               | tptacek wrote:
               | You know you don't have to finance a car with a dealer
               | loan, right?
        
             | tptacek wrote:
             | I bought my last car (an Audi) at Carmax. Got within
             | spitting distance of the price I wanted from their list
             | price. A week later, they listed the same car in a higher
             | trim. Carmax swapped the cars; I just paid the difference.
             | It was like buying a TV at Best Buy. But with a better
             | return policy.
             | 
             | I don't think you have to buy a Muskmobile to avoid
             | rapacious dealers.
        
               | [deleted]
        
       | WaxProlix wrote:
       | Good to see action that actually protects the interests of the
       | little guy. Seems like a rarity these days - to the extent that I
       | almost find the good news suspect - but I'll take the W and move
       | on.
        
       | ourmandave wrote:
       | What's sad is their Better Business Bureau rating is A+.
       | 
       | The customer review rating however is 1.22 out of 5.
       | 
       | https://www.bbb.org/us/il/oakbrook-terrace/profile/new-car-d...
        
         | lordofgibbons wrote:
         | The BBB is a for profit company who's customers are businesses
         | not consumers so I'm not surprised by this rating.
        
         | function_seven wrote:
         | Serious question: Was the BBB always a joke? I remember 30
         | years ago it was generally regarded as a trusted and neutral
         | entity. Much like Consumer Reports still is. (Yeah, people have
         | their quibbles with CR's methodologies and verdicts, but I
         | don't see anyone question their integrity)
         | 
         | But now I wonder if we (or just I?) were all just too
         | unsophisticated to see that BBB had been captured by the
         | businesses they purport to review.
        
           | kevin_thibedeau wrote:
           | They've always been the OG Yelp protection racket.
        
       | ben1040 wrote:
       | >According to the complaint, the dealerships would often wait
       | until the end of the hours-long negotiation process to sneak junk
       | fees for add-on products and services into consumers' purchase
       | contracts, which often run as long as 60 pages. These junk fees
       | were often added despite consumers specifically declining the
       | add-ons or having confirmed prices that did not include the add-
       | ons. In other cases, the consumers were falsely told the add-ons
       | were free or were a requirement to purchase or finance their
       | vehicle.
       | 
       | The F&I office at a car dealership is just such a terrible place.
       | Even if they're not outright trying to cheat you like this, they
       | flood the zone with fast talk about options and numbers, with a
       | healthy dollop of scare tactics to get you to buy "protection
       | plans" you don't need. It's this bizarre mix of complimenting you
       | _and_ insulting your intelligence --  "you seem like a smart guy
       | so I'm sure you're looking at the extended protection plan!"
       | 
       | Everything else aside, buying a Tesla was refreshing because I
       | was able to buy a new car on the internet like I'd buy a new
       | blender on Amazon. No "the price is this if you finance and that
       | if you don't," no push for warranties or prepaid service plans,
       | and no obfuscation around finance rates and payments, etc. I
       | ordered and paid for the car online, went to the store to unlock
       | it with my phone, and drove off.
        
         | SilasX wrote:
         | >The F&I office at a car dealership is just such a terrible
         | place. Even if they're not outright trying to cheat you like
         | this,
         | 
         | Yeah, my reaction to that rap sheet was, "wait, that's illegal
         | and actually enforced"? Um FTC, you've got a realllllly long
         | list ahead of you. (Not that it's a bad thing to actually
         | enforce this stuff.)
        
         | TheJoeMan wrote:
         | These ads for AutoTrader are so funny though because it's "we
         | don't add hidden fees" instead it's "we bought Kelly Blue book
         | so now our prices seem to be fair but are probably the same $2k
         | higher anyways".
         | 
         | Glass prison or dirty prison? I suppose it depends on one's
         | confidence in wading through the scammers but getting a better
         | deal. Find cars that have been on the lot almost 30 days - they
         | need to dump them before the dealer has to pay the bank.
        
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       (page generated 2022-04-02 23:02 UTC)