Saturday, April 9, 2016

Successful Resolution of a Used Car Case against Taylor Cadillac dba Taylor Kia


I'd like to share an example of a case that we got resolved recently against a car dealer.  The dealer was Toledo-based Taylor Cadillac, Inc.  They operate a dealership in Findlay, Ohio under the name Taylor Kia.  My client, who bought a car at the Findlay Taylor dealership, alleged the following:


  • Taylor had bought a certain 2013 Hyundai Elantra at an auction in Michigan.
  • The Hyundai had previously been owned and operated by a rental car company, and used as a daily rental.
  • The Hyundai had previously been crashed.
  • Taylor obtained a vehicle history report that showed the Hyundai's prior rental use.
  • When my client went to the Taylor dealership, she asked about another car, but was directed by a salesman to a different Taylor lot, and specifically to the Hyundai.
  • Even though Taylor knew about the car's history, at least the rental history, no one from Taylor told my client about it -- even though there is a box on the contract labeled "Rental Vehicle."
  • Without any clue about the car's history, my client bought the Hyundai, with the "Rental Vehicle" box not checked.
There were other details of our complaint, but the gist of it was that Taylor was required by law to tell my client about the prior rental history, because it knew about it.  Later, my client found out about the history, and wanted to unwind the deal.

We filed suit against Taylor and the finance company involved, for unfair and deceptive acts, and for fraud.  Shortly after the law suit was filed, Taylor made a two-part offer: 

1) my client could either give the car back, get all her money back (including all her payments to the finance company and the value of her trade in), and Taylor would pay off all the money owed to the finance company, and would pay $2,500 for her attorney's fees and court costs, or

2) my client could accept a slightly higher amount of cash for herself and keep the Hyundai, but would still have to pay the finance company on her installment contract.

What would you do?  Considering the car's history, my client did not want to take the chance that something major would go wrong.  So we accepted the first offer, and my client can buy another car -- somewhere else, of course.


If you want to read the details, the Complaint in our lawsuit is here:  Complaint

The details of how the case was resolved are here, in our: Notice of Acceptance of Defendant Taylor Cadillac, Inc.'s Cure Offer

Taylor did not admit any wrong-doing.  And to be clear, the finance company was sued only because we alleged that the law makes it responsible to a certain degree for Taylor's alleged fraud and deceptive acts.  The Court did not get to the point of deciding who was right or wrong.

If you think you have a case against a car dealer, keep in mind that every case is different.  (Although sometimes I do see some patterns in he behavior of certain car dealers.)

Also, I'll use this opportunity to remind my readers not to sign an arbitration agreement.  You might lose important rights to sue in court.  More on arbitration, here.

Greg Reichenbach, Attorney at Law
PO Box 256
Bluffton OH 45817
Phone: (419) 529-8300
Twitter: @gsreichenbach

Sunday, November 29, 2015

Robocalls

"Robocalls" are a constant problem. Check out my new web page explaining the basics: http://www.reichenbachlaw.com/robocalls.htm

Greg Reichenbach, Attorney at Law
PO Box 256
Bluffton OH 45817
Phone: (419) 529-8300
Twitter: @gsreichenbach

Sunday, September 6, 2015

Arrested for failing to pay a debt?

I've talked to a number of people lately who have been arrested in connection with an alleged debt.  In one case, the client was sued by her former lawyers, for failing to reimburse them for a filing fee.  Even though it appeared that they knew she had moved, the law firm had her served with a motion for a bench warrant at her old address.  That case has been resolved to the client's satisfaction.

In another case, a taxpayer was charged with the crime of failing to file a tax return by a city in Ohio.  She didn't actually owe any taxes (she worked, but had taxes taken out of her check by her employer).  Even after she paid the $25.00 late fee, she was still arrested, apparently for failing to pay court costs and for failing to appear at trial.  This case is still under investigation.

If you have been arrested in connection with an alleged debt (other than child support or spousal support -- I don't handle those matters), feel free to contact me for a no-cost consultation.  In appropriate cases, clients don't have to pay my fees out of pocket.


Greg Reichenbach, Attorney at Law
PO Box 256
Bluffton OH 45817
Phone: (419) 529-8300
Twitter: @gsreichenbach

Thursday, June 4, 2015

Good Bloomberg article on bogus student loan collection law suits

http://www.bloomberg.com/news/articles/2015-06-04/the-student-debt-collection-mess

This great article by Natalie Kitroeff exposes bogus student loan collection law suits filed by National Collegiate Student Loan Trusts.  It uses one of my cases as an example.

UPDATE: Oct. 19, 2015: I'm happy to report that both of these collection cases have been dismissed.

Greg Reichenbach, Attorney at Law
PO Box 256
Bluffton OH 45817
Phone: (419) 529-8300
Twitter: @gsreichenbach

Friday, May 29, 2015

Ohio Health Care survey calls

Have you received calls to your cell phone for a "State of Ohio" health care survey?  I'm interested in hearing about it.  The calls may violate consumers' privacy rights.


Greg Reichenbach, Attorney at Law
PO Box 256
Bluffton OH 45817
Phone: (419) 529-8300
Twitter: @gsreichenbach

Friday, April 12, 2013

Be Kind to Lawyers Day

This past Tuesday was "be kind to lawyers day." Here's how my day started. I got a call from the family of a man who suffers from a variety of mental illnesses. He struggles, and is doing reasonably well with medication. This is his story. A few days before, he got a flyer in the mail advertising a "giveaway" at a car dealership -- one of those that has a key taped to it, and says you won one of three prizes. He took the flyer in to see what he had "won." What happened next is shocking.

In order to even find out what he "won" he had to sit through a sales presentation. Despite his telling the salesman that he did not want to buy a vehicle, he was convinced to give him the key to his current car, supposedly to find out what the exact mileage was. The salesman did not give the key back to him. Over the next few hours, he is given a high-pressure sales talk. They show him a big fancy expensive 4-door pickup truck. He repeatedly says he does not want to buy it. But the salesman takes the license plate off his current car and puts it on the truck. He still says no -- he can't afford it. He doesn't have a job, and only gets social security. They convince him to call his wife. He does. She says no too. He is due to take his medication, and starts to shake. He is getting very stressed, and although he is able to take his meds (without food, as he normally does), he just wants to leave. So, in that state, he signs over his trade-in, and "agrees" to buy the $16,000 truck for $34,000, and goes home. His family called me.

I agreed to try to convince the dealer to unwind the deal, at no charge to my client (pro bono), if it could be done without a law suit. So I faxed a letter to the dealer and the finance company involved. The owner of the dealership called. At first, he was polite, and actually agreed to cancel the deal. So far, so good. Then it became clear that he also wanted my client to recant his story, and to tell the finance company that the story didn't happen that way. We said no. That's when I got called an “ambulance-chaser” and was accused of “slander.” That was also the end of the conversation. I politely suggested that the dealer have his attorney contact me if he still wanted to unwind the deal without a law suit.

Thankfully, the dealer's lawyer had more sense than his client. We unwound the deal. The client got his car back, and the contract was canceled. And then, I got something I have never received from a car dealer in nine years of consumer protection cases: an apology.

Greg Reichenbach, Attorney at Law
Bluffton Ohio
Twitter: @gsreichenbach


Wednesday, April 25, 2012