Florida AG settles UDAP action with auto dealership
On August 5, the Florida attorney general announced a $1.2 million settlement with a Florida auto dealership and its owner (defendants) for allegedly violating the state’s Unfair and Deceptive Trade Practices Act by failing to pay off outstanding liens on vehicle trade-ins. According to a complaint filed in the Circuit Court of the 4th Judicial Circuit, the AG initiated an investigation alleging that the defendants, among other things, accumulated unpaid obligations of more than $1.2 million to lienholders on traded-in vehicles. As a result, consumers were held accountable for the debt and received invoices from the lienholders. For consumers who did not make payments on their trade-ins, the lienholders often reported the defaults to credit bureaus, with, in some instances, the adverse credit reporting affected service members’ security clearances. The AG also noted that in certain circumstances, the lienholder attempted to repossess vehicles that were no longer owned by the consumers. Additionally, the defendants also failed to process title transfers within the statutorily required time frame, which resulted in some consumers experiencing difficulty when trying to obtain financing and insurance on their other vehicles, and others being sold traded-in vehicles without having clear title. In 2018, the dealership was purchased and the outstanding liens paid by the acquiring company. Under the terms of the settlement, the defendants have agreed to pay approximately $1.2 million in equitable consumer restitution, $235,000 in civil penalties, and $15,000 for attorney’s fees and costs. The defendants are also permanently enjoined from owning, operating, or managing an auto or truck dealership in the state at any time in the future.