Saturday, July 13, 2013

Rip Off Report

Below are comments posted on Rip Off Report.....

Submitted: Thu, January 31, 2013

April 2012, I purchased a 2012 Prius C. In less than 1 month, I reported 3 'incidents.'

The last 2 of those incidents was BRAKE FAILURE, which a Route 44 Toyota technician sitting in the passenger seat of the vehicle witnessed repeatedly.

The vehicle had NO BRAKES. Route 44 Toyota refused to address the issue, denied the problem, indicated 'No Computer Error Message.'

Route 44 Toyota made 3 credit inquiries and I never applied for credit. In addition, they ran a credit inquiry of an unrelated third party who also did no apply for credit 6 months after I paid for the vehicle. This violates our rights under FCRA [Fair Credit Reporting Act].

They gathered my information when I test drove a vehicle. Please check your credit report if you have been to this dealership. Their actions are illegal.

#1 Author of original report

Route 44 Toyota Threatens SLAPP suit for posting the truth

AUTHOR: Middleboro Review - ()

When I initially became aware that Route 44 Toyota had illegally requested my credit report twice, as well as that of a disinterested 3rd Party, my attorney faxed copies of those inquiries to their attorney, Daniel Viera.
In response to my posting that truthful information in this forum, Daniel Viera threatened a SLAPP suit - Strategic Lawsuit Against Public Participation, with the intent to silence and intimidate.
Rather than acknowledging an error and removing all 3 credit inquiries, Attorney Viera's bizarre response --
"I am not at liberty to discuss with you in detail why those claims are both false....."
For those interested in boring themselves, the reasons for which credit inquiries may be made according to the FCRA [Fair Credit Reporting Act] are posted here:
Since the law clearly enumerates specificity, surely disclosure of their nefarious reasons was warranted.
2 of those inquiries were made subsequent to suit having been filed and all communication should have ceased which it did not.
Plymouth Court: Civil Action #1259CV871
Another Route 44 Toyota customer posted a similar problem in the RipOff Report web site that
#3 Author of original report

Route 44 Toyota Threatens SLAPP Suit

AUTHOR: Middleboro Review - ()

On the day I delivered payment in full for our new Prius, I provided my social security number to Route 44 Toyota for them to complete documents for the Registry of Motor Vehicles.

On that day, they ran my credit report even though I NEVER applied for credit and NO signed credit application exists.

On the day Route 44 Toyota discovered MY vehicle on their property with no license plates [because I had turned them in], they ran my credit report, as well as the credit report of a disinterested 3rd party.

Our brand new vehicle was left on the property of Route 44 Toyota because it has NO BRAKES!

How can I drive a vehicle with NO BRAKES?

On that day, we did not travel to Route 44 Toyota nor complete any credit applications. Route 44 Toyota had already been put on notice of a lawsuit and failed to cease communicating with me.

Unauthorized access to credit information is in violation of FCRA [Fair Credit Reporting Act], a federal statute. It is ILLEGAL.

Because I posted this, Route 44 Toyota is now threatening a SLAPP suit, explained here:
In response to my complaint filed with CFPB [Consumer Financial Protection Bureau], Credco responded:
Our investigation into this matter determined that [complainant's] credit report was ordered by our client, Route 44, on or about April 23, 2012 and October 11, 2012, respectively. In order to obtain these credit reports on [complainant], Route 44 represented to us each time that it had a permissible purpose to do so. After receipt of this complaint, Credco contacted Route 44 and confirmed the certification of permissible purpose. The address and telephone number for Route 44 is as follows:

Route 44 Toyota

1094 New State Hwy.

Raynham, MA 02767

Phone: 508-824-4044

Dan Viera, attorney for Route 44 Toyota indicated, here comes the SLAPP threat:
"I am not at liberty to discuss with you in detail why those claims are both false. I suspect that you will amend your complaint regardless of what the facts may be but let me simply tell you that the dealership can only obtain a credit report from a customer or potential customer who has provided their social security number. That information is not collected as part of the test drive of a motor vehicle."

"In that regard, your client has recently made a post on an online website referred to as Apparently, that web site is used in an attempt to resolve disputes between automobile dealers and consumers by allowing the consumer to post information and providing the dealership with an opportunity to respond before the post becomes official.....In it [the complainant] claims that the dealership "illegally" accessed her credit report. Accusing the dealership of engaging in illegal activity is libel per se. My client does not take these matters lightly and I would suggest that you communicate with your client to cease and desist from these types of tactics. They will not serve to resolve her case but do expose her to potential liability. Your client is represented by counsel and has a pending lawsuit. She should let you do your job."

I filed a 'Petition for Defect Investigation' with NHTSA that they are pursuing. The Toyota Prius had NO BRAKES and you will find other similar complaints listed on the NHTSA web site.

Route 44 Toyota REFUSED to repair or replace my vehicle.