Driver Will Appeal Conviction for Looking at IPhone Map Application While Driving

“The Convicted Distracted Driver is sitting in a study carrel in the Cal State Fresno library, which, come to think of it, looks a little like a prison visiting room.

“I don’t relish that title,” said Steven Spriggs. ‘But that’s what I am.’

His crime: looking at his iPhone’s map application while driving.”

More at: http://www.latimes.com/news/local/la-me-abcarian-distracted-driving-20130426,0,769309,print.story

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Dealer Forgery

Automotive News, a magazine that caters to dealers, explains different types of forgery.

Excerpts:

Forgery can exist on any document. There are people who think forging a contract is the only forbidden act. Any other document, that’s “kind of OK” in a lot of people’s opinion. But it can be forgery on any document. It can be the spouse signing the other spouse’s name, if the F&I manager knowingly lets it take place. It could be using “signature on file” or “per phone” on documents instead of a signature. That’s OK on some credit card agreements, but not in F&I. Or it could just be someone in sales or in F&I signing.

Why do dealers do it?

They rationalize their felonies. There are two basic reasons, I guess. There could be a financial incentive. More commonly, I think, it could just be laziness. “I forgot to get the signature. I don’t want to call the customer back in. I’ll just do it myself.”

Read more: http://www.autonews.com/article/20130424/FINANCE_AND_INSURANCE/130429961/signing-a-customers-name-is-forgery-period&cciid=email-autonews-fandi#ixzz2RPWJFfdD

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Proposed FTC Buyer’s Guide Changes Not Pro-Consumer

The FTC’s proposed Buyer’s Guide rule is not pro-consumer.

A move by the Federal Trade Commission to modify its buyers’ guide for used cars is being panned by consumer groups, who say the current guide is ineffective and proposed changes are even worse.

The FTC guide gives consumers critical information about who will pay for repairs if something goes wrong with a purchased car, the FTC says. But consumer groups say the guide actually gives misleading information, for example telling buyers that dealers aren’t responsible for repairs to vehicles sold “as is.”

That’s not completely accurate, according to Rosemary Shahan of the California-based Consumers for Auto Reliability and Safety, one of the groups opposing current and proposed FTC wording.

More accurately, a vehicle sold “as is” may still have an implied warranty on it under federal law, she said. But the agency’s blunt language can mislead buyers and give dealers a shield when denying future repair work.

More at: http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20130217/NEWS/302170358/-1/NEWS0503

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AFLC Attorney Angela Smith Quoted in Dealer Industry Magazine Article About Arbitration Decision

AFLC Attorney Angela Smith was quoted in Automotive News, an industry news magazine, in an article concerning an appeal that was recently decided in our client’s favor.

“A California dealership cannot force a customer to arbitrate his individual and class-action allegations of illegal fee collection and other claims, a state appellate panel has ruled.

Plaintiff’s lawyer Angela Smith of San Diego said the decision means dealers ‘can’t just slap stuff on the back of a contract and hope it flies.’ In addition, she said, the arbitration provision as written would have prevented her client from pursuing class-action claims and would have exposed him to high upfront costs and, potentially, would make him liable for the dealership’s legal costs.” Read more: http://www.autonews.com/article/20130123/LEGALFILE/301239996#ixzz2IpL6iGHH

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Kia, Hyundai Found to Have Overstated Fuel Economy

According to Consumer Reports, the EPA found that many vehicles in Kia and Hyundai’s lines did not meet advertised fuel economy claims. The New York Times is reporting that one consumer was so frustrated with the fuel economy in his 2012 Hyundai Elantra, he made this website:http://www.my2012hyundaielantragetslousygasmileage.com/ For specifics and to see if your vehicle is one affected by Kia’s and Hyundai’s claims, check out the chart below from the Consumer Reports’ website. If your vehicle is listed, head over to www.hyundaimpginfo.com or www.kiampginfo.com to claim your refund.

Make/model Old EPA mpg New EPA mpg
City Hwy Combined City Hwy Combined
2011-2013 Hyundai Elantra 29 40 33 28 38 32
2011-2013 Hyundai Sonata Hybrid 35 40 37 34 39 36
2012-13 Hyundai Accent 30 40 33 28 37 31
2012-13 Hyundai Azera 20 29 23/24 20 29/29 23
2012-13 Hyundai Genesis 3.8 19 29 22 18 28 22
2012-13 Hyundai Genesis 4.8 17 26 20 16 25 19
2012-2013 Hyundai Tucson 21 28 23 20 27 23
2012 Hyundai Veloster (manual) 28 40 32 27 37 31
2013 Hyundai Santa Fe Sport 21 28 23 20 26 22
2013 Hyundai Veloster 28 40 32 27 37 31
2012-2013 Kia Optima Hybrid 35 40 37 34 39 36
2012-2013 Kia Rio 30 40 33/34 28/29 36/37 31/32
2012-2013 Kia Sorento 21 28 23 20 26 22
2012-2013 Kia Soul 26 34 29 23/24 28/29 25/26
2012-2013 Kia Sportage 21 26 23 20 25 22

Chart from Consumer Reports: http://news.consumerreports.org/cars/2012/11/epa-finds-hyundai-exaggerated-fuel-economy-claims-refunds-coming-to-customers.html

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Premier Nissan of San Jose

Auto Fraud Legal Center has recently taken on a client who has strong legal rights against Premier Nissan of San Jose. AFLC will allege on behalf of the clients that Premier Nissan of San Jose committed egregious violations of California law.

Did you purchase a vehicle from Premier Nissan of San Jose? Are you having problems with the vehicle? Did you have problems with the dealership? Contact AFLC for a free case and contract review by one of our attorneys. You can also read up on 12 of the most common auto dealer tricks to see if you were defrauded by Premier Nissan of San Jose or any other dealer in California.

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Shady Car Dealers Targeting Military Buyers

http://lifeinc.today.msnbc.msn.com/_news/2012/05/31/11959202-shady-car-dealers-targeting-military-buyers?lite Holly Petraeus, director of the Office of Servicemember Affairs at the Consumer Financial Protection Bureau, warns military personnel to be on guard when they walk onto a car lot.

“You have these car places that spring up around military installations selling used cars for a very marked-up price and then putting high financing on top of that,” she says.

Military personnel can be especially vulnerable customers. They’re young. This may be their first car purchase. They often have a limited or negative credit history.

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Recent article on msnbc.com discusses Car Dealers’ latest deceptive sales tactic — “We’ll pay off your trade”

Recently, there was an article on msnbc.com discussing the latest deceptive practice used by car dealers. You’ve probably seen or heard the advertisements “We’ll pay off your trade-in — no matter what you owe.” Well, the FTC is cracking down on these advertisements:

http://bottomline.msnbc.msn.com/_news/2012/03/23/10815449-car-dealers-latest-deceptive-sales-tactic What a lot of people do not realize is that the amount used to pay off your trade-in is added to your new purchase contract. Thus, you are really financing your old and your new car together. It’s like consolidating debt or credit cards. If you continue to do this a number of times you end up financing a car that is worth a lot less than you owe on it.

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California's Auto Fraud Legal Center

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