Consumers for
Auto
Reliability and
Safety ®

C.A.R.S. Activities 2018

 
Warning Consumers about Car Dealers Selling Dangerous Recalled Cars,
especially in Tennessee, which now has the worst law in the nation

 
"Groups Warn that Tennessee Could Become Dumping Ground
for Dangerous Cars"
Public News Service
January 11, 2018
 
Stephanie Erdman was blinded in one eye by an exploding Takata airbag in a recalled Honda. Other victims have bled to death. Tennessee's new law makes it easier for car dealers to get away with selling recalled used cars with this life-threatening safety defect.
"NASHVILLE, Tenn. – There's one more reason to read the fine print when buying your next car in Tennessee.

A new law in the Volunteer State allows used car dealers to sell vehicles that are under a safety recall, as long as the buyer signs a disclosure form.

The Motor Vehicle Recall and Disclosure Act is the first and only one of its kind in the country – after similar bills failed in four other states.

Andy Spears, executive director of Tennessee Citizen Action, is concerned about the potential impact on consumers.

"Dealers are incentivized to send their cars they know are dangerous to Tennessee, because if you're making a car deal and you can convince someone to sign this form, and there's no requirement that this has to be done at any time in the process," Spears states. "After you've already agreed to everything and you've worked out the financing – and then, they hand you a form and say, 'Yes, sign this form' – and most people don't read those documents."

Spears says his isn't the only group concerned that the state will become a dumping ground for dealers in other states to send cars they're unable to sell.

He cites the Takata airbag recall as one example of serious potential problems. It affects more than 1 million cars...."

Read full report: Public News Service: Groups Warn that Tennessee Could Become Dumping Ground for Dangerous Cars

Read more, including how to avoid being victimized by dealers who sell unsafe, defective recalled cars
 
 
"Law Could Turn Tennessee into Dumping Ground for Dangerous Cars"
News Channel 5
January 10, 2018
By: Sarah McCarthy
 
"NASHVILLE, Tenn. - A new law could put countless dangerous cars on Tennessee roads by allowing dealers to easily sell cars under safety recall, according to consumer advocates.

'It basically makes Tennessee a dumping ground for unsafe cars that will kill people,' said Andy Spears with Tennessee Citizen Action. 'And now there's an incentive for dealers in other states to ship their dangerous cars here to our dealers, because now we have a way to get rid of those cars.'

The Motor Vehicle Recall and Disclosure Act allows used car dealers to sell vehicles under safety recall as long as the buyer signs a disclosure form. But advocates like Spears argue a majority of buyers will overlook that sheet of paper, which will likely be lumped in with the dozens of other forms a person is asked to sign while buying a car.
 
News Channel 5: "Law Could Turn Tennessee into Dumping Ground for Dangerous Cars"
 
 
Spears said the law reverses important protections for car buyers and puts every driver on the road at risk....

'This is the first state in the nation to pass a law this dangerous,' Spear said. 'These types of laws were denied in California, Maryland, and Virginia. So other states have seen this law but rejected it when they found out what the law does.'

Spears said the only way for Tennessee consumers to protect themselves now is to do your own research. Run the VIN number of any car you want to buy through www.safercar.gov.

If you find a dealer willing to sell you a car under safety recall, Spears said to walk away from the business altogether."

Read more, including how to avoid being victimized by dealers who sell unsafe, defective recalled cars
 
 
Tennessee Law Fuels Used-Car Recall Fight
Automotive News
December 27, 2017
by Eric Kulisch
 
"Proponents of a new Tennessee law regulating sales of recalled vehicles call it a step forward in closing what some call the used-car loophole. Consumer and safety groups call it a sham that's written not to protect consumers from dangerous cars, but to shield dealers from lawsuits.

At issue is whether disclosure of an open recall offers the consumer enough protection against a safety defect.

Under federal law, new vehicles with open recalls cannot be sold. But the ban doesn't extend to used vehicles. That gap has frustrated efforts by manufacturers and safety regulators to improve recall repair rates, as vehicles under recall get harder to track as they pass from owner to owner. Efforts in Congress to close the loophole sputtered amid opposition from dealer groups, as did an effort by AutoNation to withhold recalled used cars from the retail market.

The Tennessee measure, which takes effect Jan. 1 and was supported by the state's dealer lobby, doesn't bar the sale of used vehicles with pending recalls. Rather, it requires dealers to check a recall database before selling a vehicle and either perform the recall repair or notify the customer of any defect. Customers would have to sign a form acknowledging they were notified. (Vehicles subject to a manufacturer's do-not-drive order would have to be repaired before sale.) ....

Yet safety advocates say the policy is a cop-out. They warn that the disclose-and-sell rule sets a precedent for other states to roll back safeguards for used-vehicle purchases, which are governed in many states by consumer protection laws. Rather than increase transparency, they say, the law attempts to shield dealerships from responsibility if a vehicle sold with a recall is involved in an accident.

'They are trying to legalize fraud,' Rosemary Shahan, president of Consumers for Auto Reliability and Safety, told Automotive News. 'It's written to protect unscrupulous car dealers.'

While there's no federal law barring sales of used vehicles under recall, used-car buyers are indirectly protected by state and federal laws against unfair and deceptive trade practices. The Tennessee law is designed to nullify those types of protections, Steven Taterka, a former assistant state attorney general who represents consumers in auto fraud cases, said during a conference call for reporters."

Read full report: Automotive News, Tennessee Law Fuels Used-Car Recall Fight

Read more, including how to avoid being victimized by dealers who sell unsafe, defective recalled cars
 
 
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CARS is a national, award-winning,
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Buyer Beware: CarMax sells cars with killer safety defects.
Advertises cars passed "rigorous inspection" and qualify as "CarMax Quality Certified" without getting safety recall defects fixed.

 
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Sign CARS' petition: Tell CarMax to stop selling unsafe, recalled cars to consumers
 
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Buyer beware!  
NEVER trust that a dealer will have the safety recall repairs performed before selling you a car that is being recalled. Dealers are so eager to make a buck, fast, they are unwilling to delay sales long enough to get the safety recall repairs done -- for FREE.

Plus -- dealers are actively opposing legislation in Washington, DC and in California that would prohibit them from renting, selling, leasing, or loaning unsafe, recalled vehicles to consumers, unless the safety recall repairs have been performed first.

CARS' tips on how to buy a safe, reliable used car — without having to risk going to a dealer:

Top 12 used car buying tips

Dealers playing "used car roulette" with customers' lives — and opposing legislation to make them stop

Did a dealer sell you an unsafe, recalled car? We want to hear your story. Contact CARS

 
Buyer Beware! Auto dealers' one-
sided contracts can ruin your life
Even if the car dealer breaks the law, you might not be able to get justice. Forced arbitration clauses hidden in the fine print can keep you tied up for years. The dealer often gets to pick the arbitrator who hears your case. CARS exposed how a dealer abused arbitration, after selling Jon Perz an unsafe car. CARS' video has received over 1.3 million views on YouTube. Jon and his attorney eventually won, but because of forced arbitration, Jon had to wait 8 years for justice:
Think this is outrageous? Call your member of Congress at 202-224-3121, and urge them to vote for the Arbitration Fairness Act. More about the AFA, now pending before Congress:
http://www.fairarbitrationnow.org
 
Here's what we're doing to bring
more attention to Jon's plight:
UsedCarNightmare.org
 
Used Car Nightmare logo

Jon Perz has started a new petition
on the Change.org website
 
You're invited to check it out and send a message letting Mossy Toyota know what you think:
used car nightmare petition


 
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