Used Car Dealership Sued For Fraud

Attorney General Spitzer today announced a lawsuit against a Monroe County used car dealer for engaging in illegal business practices including selling vehicles with rolled back odometers.

The lawsuit alleges that Dave Green Auto World, Inc. and the repair shop that serviced its automobiles, Dave Green Automotive, violated numerous consumer protection laws and deceived customers into paying top dollar for high-mileage vehicles with rolled-back odometers.

"This company was every consumer's worst nightmare," Spitzer said. "The legal action taken today seeks monetary rewards for injured consumers and reforms in the business practices of the company."

The auto dealership is accused of misleading customers about prior vehicle ownership and warranty coverage, selling used cars with rolled-back odometers, filing titles with the state Department of Motor Vehicles with obvious alterations, failing to honor repair claims under warranty, and other violations of consumer protection laws.

Many consumers reported the same, infamous used-car sales pitch -- they were assured that the vehicle had only one previous owner, an elderly Florida woman who drove the car infrequently. In fact, Dave Green Auto World routinely made false representations about the numerous prior owners of the vehicles and the actual high mileage on the used cars for sale.

Even after the State Department of Motor Vehicles advised the firm that vehicle odometers had been rolled back and titles illegally modified, Green refused to provide restitution to customers, as required by law.

Spitzer's office contends that Dave Green Auto World deceived consumers into believing the car was fully warranted by claiming to have a "bumper-to-bumper" warranty, when in fact the limited warranty excluded many major mechanical components such as brakes and clutches.

Dave Green Automotive also refused to honor many claims under its so-called "bumper-to-bumper" warranty and extended service contracts purchased by many buyers. When work was performed, consumers often later discovered it was shoddy or incomplete.

At other times, consumers discovered that Dave Green Automotive charged them for repairs not made. Because Dave Green Automotive failed to provide invoices for repair work, as required by law, consumers then had difficulty verifying whether any repair work had been performed, thus preventing them from being able to substantiate Used Car Lemon Law claims.

The lawsuit names the following companies - Dave Green Auto World, Dave Green Automotive of Gates, Inc., as well as the firm's president, David R. Green and its manager, Robert Green.

Spitzer is seeking refunds for customers, civil penalties for the dealership's violations of consumer protection laws and court costs. The lawsuit also seeks to bar Dave Green Auto World from the used car business unless it posts a $100,000 performance bond to protect future customers from being defrauded.

This case was handled by Assistant Attorney General Carlos Rodriguez of the Rochester Regional Office.

Individuals with complaints about used car dealerships are encouraged to contact the Attorney General's consumer help line at (800) 771-7755.