#1 Let's not forget what this is about....

This isn't just about a LEMON!

1. This is about a dealership that employed misleading tactics to obtain my social security number in order to request my credit report - not once, but TWICE!


The 2nd time was ~ 6 MONTHS AFTER I purchased and paid for the BRAND NEW LEMON.

Route 44 Toyota: Where Arrogance and Disregard of the Law Prevails

I was scammed because I didn't know the law. Please, please, don't allow yourself to be put in that position!

These are the legal reasons a credit report may be requested, none of which apply to Route 44 Toyota [bore yourself if you're so inclined]:

Route 44 Toyota and FCRA [Fair Credit Reporting Act]

 

In addition to requesting MY credit report ~ 6 months AFTER the LEMON was purchased, they requested the credit report of a friend - unrelated to the car - his name is NOT on the title.

I wrote numerous letters and filed complaints in an attempt to remove the inquiries.

The credit inquiries were Faxed immediately upon discovery to the Arrogant Dilly, Dally Dan Viera, who ignored the issue until it was posted on dealerrater.

A Temper Tantrum was thrown!

 

 

 

When the truthful and accurate information was posted on dealerrater, Dilly, Dally Dan BULLIED me with threats of a SLAPP Suit [Strategic Lawsuit Against Public Participation].

 

 

 

At a time of heightened awareness about BULLYING, Attorney Dan Viera and his client, Route 44 Toyota are woefully out of touch. BULLYING is not different regardless of the target.  

 

Folks, know your rights when you deal with BULLIES!

Explained here:

Route 44 Toyota Threatens SLAPP

The Costs of SLAPP Suits

SLAPP and the First Amendment 

...classic SLAPP suit. The point of it was to shut Alexandria up and to shut up the commenters. I think you’ve touched on the fact that this was a—the people involved in this enjoy a position of privilege in the community, and they are not used to having their misdeeds laid bare.

 

 

This would have been easily resolved were it not for ARROGANCE!

Route 44 Toyota could have acknowledged their ILLEGAL error and removed the inquiries.

That's the problem with ARROGANCE.


Is this the kind of business you want in your life?

I'm sorry they're in mine.



 

 

ANTI-SLAPP: Strategic Lawsuit Against Public Participation and Why It's Important

From Rip Off Report .....click on the link for an abundance of information....


Complaint Review: Anti Slapp laws, why we need it. NOTICE to all consumers. Junk lawsuits targeting free speech are a major threat to the First Amendment to chill consumers first amendment right to speak out. Lisa Borodkin.


Anti Slapp laws, why we need it. NOTICE to all consumers. Junk lawsuits targeting free speech are a major threat to the First Amendment to chill consumers first amendment right to speak out. Have you been sued for speaking out? Are you afraid of being bullied with a sham lawsuit over something you said? There is a new movement to stop dishonest plaintiffs and their attorneys by preventing and punishing Strategic Lawsuits Against Public Participation. Help Ripoff Report stop junk lawsuits from destroying small businesses and shutting down freedom of speech on the Internet Washington, DC District of Columbia *California attorney Lisa Borodkin Sued for frivolous lawsuit

When I posted that Route 44 Toyota ILLEGALLY accessed my credit report as well as that of a friend whose name is NOT attached to the LEMON Toyota they sold me, they threatened a SLAPP Suit.

The intent of THREATENING is to BULLY, INTIMIDATE and SILENCE.

Route 44 Toyota had previously threatened that charge $25 per day for storage of the NEW LEMON Toyota left on their property with unpredictable behavior...specifically NO BRAKES.

There have been numerous other threats as well.


Route 44 Toyota continued to harass me after they were notified that a lawsuit had been filed.

Even though I have not communicated with Route 44 Toyota, their attorney, like a petulant child, recently made the accusation to a judge that I harassed Route 44 Toyota. How outlandish!

The solution is SIMPLE: Settle the Matter!



We all know they won't do that because M.G.L. 93B makes Toyota U.S.A. [a deep-pocketed client] fully responsible for the legal fees of Route 44 Toyota.....except for the FCRA [Fair Credit Reporting Act] violations --- illegally requesting credit reports.

Rip Off Report

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

http://www.ripoffreport.com/r/Route-44-Toyota/Raynham-Massachusetts-02767/Route-44-Toyota-CAUTION-Route-44-Toyota-Raynham-Massachusetts-1006824

 

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 - ()

SUBMITTED: Sunday, April 21, 2013

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....."

posted here: http://middlebororeview.blogspot.com/2013/03/route-44-toyota-threatens-slapp-suit.html

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:

http://middlebororeview.blogspot.com/2013/04/route-44-toyota-and-fcra-fair-credit.html

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

Route 44 Toyota refused to address/correct:

http://www.ripoffreport.com/auto-dealers/route-44-toyota/route-44-toyota-belittling-sal-44522.htm#

#3 Author of original report

Route 44 Toyota Threatens SLAPP Suit

AUTHOR: Middleboro Review - ()

SUBMITTED: Sunday, March 17, 2013

POSTED: Sunday, March 17, 2013

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:

http://middlebororeview.blogspot.com/2013/03/route-44-toyota-threatens-slapp-suit.html

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

www.dealerrater.com. 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.

Route 44 Toyota: Where Arrogance and Disregard of the Law Prevails

On April 23, 2012, payment in full was presented to Route 44 Toyota for a BRAND NEW VEHICLE that subsequently turned into a LEMON.

[This cartoon reminds me sooo much of Attorney Viera, otherwise nicknamed 'Dilly, Dally Dan' preparing himself for a Supreme Court case, elevating a defective car to silliness.]

Here's the RMV-1 form:

http://www.massrmv.com/rmv/forms/RMV1_fillable.pdf

Note item #22 requests License #/ID#/ or SSN.

 

When the paperwork was being completed by a youthful twerp who knows how to fast-talk and totally confuse with the flurry of paperwork, he requested my Social Security number.

 

I challenged the request and offered my MA license number, yet he insisted the form required my Social Security number.

 

You will note that the form does NOT require the purchaser's signature so I would have no way to know that I had just been Flim-Flammed.

 

 

 

That's how the sleazy clowns at Route 44 Toyota obtained my Social Security Number.

 

On that day, Route 44 Toyota requested my credit report even though the vehicle was fully paid for.

 

They retained my Social Security Number.

 

On October 11, 2012, almost 6 months after the LEMON was purchased, Route 44 Toyota awakened to the fact that my vehicle was on their property with no license plates.

 

Why? Because I had turned the plates in in August and cancelled the insurance.

Why should I pay for a vehicle with funky, unpredictable behavior?

 

Tony Roma left a message on my answering machine because the right hand apparently doesn't know what the left hand does.

 

The Not-Very-Bright Bulb sputtered when I returned his call, unable to remember the purpose of his message. thought financing was a problem, sputter, sputter.

 

 

 

My LEMON was sitting on the property of Route 44 Toyota, as it had been since May 2012 when I refused to drive a vehicle with NO BRAKES.

 

 

 

My LEMON had a valid inspection sticker. Wouldn't even a dumb bunny comprehend that you don't inspect a vehicle until it is registered????

 

 

 

I suggested that he pull up my information on his computer before he continue to comment.

 

The reference to being unable to obtain financing seems to indicate that Route 44 Toyota had already pulled my credit report even though I had NOT applied for credit, had not communicated with Route 44 Toyota.

 

In addition, the Clown even requested the credit report of a friend whose name is NOT on the title of the vehicle.

 

 

 

 

When the call was returned to Brain-Dead Tony Roma, he sought a resolution and I recommended that he have their attorney contact my attorney because a law suit had been filed, Route 44 Toyota had been served.  

 

I was forced to put him on notice to delete my contact information from their records, cease harassing me, cease communicating with me because I was represented by counsel.

 

 

The rest of the arrogance of Route 44 Toyota has been explained elsewhere when they threatened a SLAPP Suit to bully and intimidate because I posted that they had illegally requested credit reports.

Had Route 44 Toyota been an honorable business, they would have acknowledged their error [that they got caught] and removed the credit inquiries. Arrogance prevailed!

At the top of the Middleboro Review blog is a SEARCH feature in the upper left hand column - type in SLAPP [Strategic Lawsuit Against Public Participation] or FCRA [Fair Credit Reporting Act], and Voila! previously posted entries.

 

 

 

 

 

  

 

 

 

The Endless Relationship!

The Love Story of Route 44 Toyota's reluctance to severe our relationship is endless and deserves a special place of its own which explains this site.

Posts will gradually be linked for convenience and simplicity here.

These are previous posts that explain the past relationship:

ATTENTION: Disgruntled Toyota & Route 44 Toyota Customers!

Toyota Table of Contents

Toyota Table of Contents #2

Complaining....

Please share your experiences!
The last several months, many have shared harrowing experiences. Those experiences should be shared with others because WE are not alone!