1) On April, 7 2018 I responded to an advertisement on Craigslist for 2012 Porsche Cayenne at the price of $21,999 to the phone number (954) 865-2861.
2). I arranged to see the vehicle with “David” but upon arrival at the dealership I was informed that the owner was driving the car as his personal car since it was the 'nicest vehicle in the lot' and now the car was unavailable to view.
3. During this time, David agreed to buy a 1998 Mercury Sable for $1,000. The plaintiff agreed to bring the Mercury the following day.
4. I delivered the Mercury to the dealership by paying my employee to drive it while I drove his personal car. I handed over the keys to David and David took possession of the vehicle. The Porsche was still not available to be examined before purchasing.
5. On April 9 2018, I finally was able to see the Porsche. However, now it was revealed that David would only give $500 for the Mercury.
Additionally, the price of the Porsche increased to $27,500.
6. I was now annoyed but David explained that all of his customers get upset because of the advertising methods. He said no one would come to the car dealership if he didn't have a misleading title in the headline.
7. David explained that if you carefully examine the advertisement, there is a section that reads “PRICE BASED ONLY WITH $5.499.00 DOWN PAYMENT, PAYMENTS OF $420 a month, CALL ME NOW..
**amount shown above is the amount to be finance after the money down*** (WAC)”
8. I responded that this cryptic excerpt doesn't make sense and is certainly not clear. Additionally Friedman was prepared to pay the car in full with cash. No need for financing. Therefore it is equitable to stick to the advertised sale price.
9. David refused and I said I would have an attorney review the advertisement.
10. David told me to not come back to the dealership or the dealership would call police.
11. Some days later I demanded money for the Mercury but refused to pay.
12. David informed me that he would have the city tow the vehicle rather than pay me for the vehicle.
13. David then used the car keys of the Mercury and drove the car into the street and parked in the street. David then called the city to have it towed.
14. On April 23rd, David took a picture of a red sticker from the city of Fort Lauderdale warning the car would be towed for being parked in the street. He sent a text message from phone number 954-865-2861 to me of the picture.
15. I then threatened to sue. David responded “Come and find your car before the crane takes it.”
16. I arrived with Fort Lauderdale Police officers to retrieve the keys from the dealership. The officers informed me that they are called to this dealership at least once a week. They explained the dealership is known for taking down payments upfront and misleading customers. The police officers inform the customers to report the incidents to the FTC and the Attorney General. Since it is a civil matter they cannot arrest anyone at the dealership.
17. I am now filing a lawsuit for FL STATUTE 501.200 DECEPTIVE AND UNFAIR TRADE PRACTICES AND CONSUMER FRAUD and BREACH OF CONTRACT AND BREACH OF GOOD FAITH AND FAIR DEALINGS
18.. The Defendants, “David,” “PREMIUM CARS,” UNIQUE MOTORSPORTS HOLDING LLC, and JAMES R FITZGERALD all financially benefit on the sale of cars using this deceptive method to lure unsuspecting customers to the dealership.
19. The advertising method they use is to advertise an attractive car at or just slightly below market price.
20. Buried inside the advertisement the financing terms: “PRICE BASED ONLY WITH $5.499.00 DOWN PAYMENT, PAYMENTS OF $420 a month, CALL ME NOW..
**amount shown above is the amount to be finance after the money down*** (WAC)”
21. This cryptic message is inside every single advertisement for the cars in the dealership. An investigation of this dealership's advertising discovered this was the language used to confuse consumers of the true price of the car. I have collected hundreds of these advertisements used by the Defendants named above with this language as evidence to provide for this case and the FTC.
22. David explained to me that this method of advertising is common among all dealerships otherwise no one would walk in to buy any cars.
23. Other employees surrounding the loud conversation concurred that this was this dealership always does and is what all dealerships do to sell cars. The entire operation at the PREMIUM CARS, UNIQUE MOTORSPORTS HOLDING LLC and the president James Fitzgerald was focused on this method to lure in mislead customers then to reveal the true price to the customer.
24. The defendant's were warned by several police visits, upset customers, online reviews, and legal letters that the business operated with deception and used deceptive practices.
25. As of the writing of this complaint, the business continues to operate the same way.
26. The Defendants of the lawsuit, David, PREMIUM CARS, UNIQUE MOTORSPORTS HOLDING LLC and the president James Fitzgerald , collectively, are knowingly deceiving customers including the plaintiff with the intentionally cryptic language used to describe the true price of the cars they advertise for sale.
27. “David” represented the dealership and offered $1,000 for the 1998 Mercury Sable offered by me. At the time of the offer, the Porsche was not available.
28. David looked up the vehicle online to determine what he can resale the car for, then made the offer of $1,000 to me. I agreed and was told to deliver the Mercury to the dealership the following day.
29. I delivered the car and turned over the keys to the Dealership. The dealership took possession of the car.
30. When I refused to pay the increased price of the Porsche alleged above, the Dealership then refused to pay for the Mercury.
31. A dealership employee parked the Mercury in the public street of Fort Lauderdale outside of the dealership and abandoned the car.
32. David then called the city to report the car to have it towed by the city.
33. On April 23, 2018 David send a text message from the phone number 954-865-2861 to me with a picture of the city's red sticker notification warning of an imminent tow. The text followed up with “come and find your car before the crane takes it”
34. I was distressed and called for police assistance in retrieving the car keys from the dealership.
35. I also incur expenses of relocating the vehicle.
Premium Cars Reviews
1) On April, 7 2018 I responded to an advertisement on Craigslist for 2012 Porsche Cayenne at the price of $21,999 to the phone number (954) 865-2861.
2). I arranged to see the vehicle with “David” but upon arrival at the dealership I was informed that the owner was driving the car as his personal car since it was the 'nicest vehicle in the lot' and now the car was unavailable to view.
3. During this time, David agreed to buy a 1998 Mercury Sable for $1,000. The plaintiff agreed to bring the Mercury the following day.
4. I delivered the Mercury to the dealership by paying my employee to drive it while I drove his personal car. I handed over the keys to David and David took possession of the vehicle. The Porsche was still not available to be examined before purchasing.
5. On April 9 2018, I finally was able to see the Porsche. However, now it was revealed that David would only give $500 for the Mercury.
Additionally, the price of the Porsche increased to $27,500.
6. I was now annoyed but David explained that all of his customers get upset because of the advertising methods. He said no one would come to the car dealership if he didn't have a misleading title in the headline.
7. David explained that if you carefully examine the advertisement, there is a section that reads “PRICE BASED ONLY WITH $5.499.00 DOWN PAYMENT, PAYMENTS OF $420 a month, CALL ME NOW..
**amount shown above is the amount to be finance after the money down*** (WAC)”
8. I responded that this cryptic excerpt doesn't make sense and is certainly not clear. Additionally Friedman was prepared to pay the car in full with cash. No need for financing. Therefore it is equitable to stick to the advertised sale price.
9. David refused and I said I would have an attorney review the advertisement.
10. David told me to not come back to the dealership or the dealership would call police.
11. Some days later I demanded money for the Mercury but refused to pay.
12. David informed me that he would have the city tow the vehicle rather than pay me for the vehicle.
13. David then used the car keys of the Mercury and drove the car into the street and parked in the street. David then called the city to have it towed.
14. On April 23rd, David took a picture of a red sticker from the city of Fort Lauderdale warning the car would be towed for being parked in the street. He sent a text message from phone number 954-865-2861 to me of the picture.
15. I then threatened to sue. David responded “Come and find your car before the crane takes it.”
16. I arrived with Fort Lauderdale Police officers to retrieve the keys from the dealership. The officers informed me that they are called to this dealership at least once a week. They explained the dealership is known for taking down payments upfront and misleading customers. The police officers inform the customers to report the incidents to the FTC and the Attorney General. Since it is a civil matter they cannot arrest anyone at the dealership.
17. I am now filing a lawsuit for FL STATUTE 501.200 DECEPTIVE AND UNFAIR TRADE PRACTICES AND CONSUMER FRAUD and BREACH OF CONTRACT AND BREACH OF GOOD FAITH AND FAIR DEALINGS
18.. The Defendants, “David,” “PREMIUM CARS,” UNIQUE MOTORSPORTS HOLDING LLC, and JAMES R FITZGERALD all financially benefit on the sale of cars using this deceptive method to lure unsuspecting customers to the dealership.
19. The advertising method they use is to advertise an attractive car at or just slightly below market price.
20. Buried inside the advertisement the financing terms: “PRICE BASED ONLY WITH $5.499.00 DOWN PAYMENT, PAYMENTS OF $420 a month, CALL ME NOW..
**amount shown above is the amount to be finance after the money down*** (WAC)”
21. This cryptic message is inside every single advertisement for the cars in the dealership. An investigation of this dealership's advertising discovered this was the language used to confuse consumers of the true price of the car. I have collected hundreds of these advertisements used by the Defendants named above with this language as evidence to provide for this case and the FTC.
22. David explained to me that this method of advertising is common among all dealerships otherwise no one would walk in to buy any cars.
23. Other employees surrounding the loud conversation concurred that this was this dealership always does and is what all dealerships do to sell cars. The entire operation at the PREMIUM CARS, UNIQUE MOTORSPORTS HOLDING LLC and the president James Fitzgerald was focused on this method to lure in mislead customers then to reveal the true price to the customer.
24. The defendant's were warned by several police visits, upset customers, online reviews, and legal letters that the business operated with deception and used deceptive practices.
25. As of the writing of this complaint, the business continues to operate the same way.
26. The Defendants of the lawsuit, David, PREMIUM CARS, UNIQUE MOTORSPORTS HOLDING LLC and the president James Fitzgerald , collectively, are knowingly deceiving customers including the plaintiff with the intentionally cryptic language used to describe the true price of the cars they advertise for sale.
27. “David” represented the dealership and offered $1,000 for the 1998 Mercury Sable offered by me. At the time of the offer, the Porsche was not available.
28. David looked up the vehicle online to determine what he can resale the car for, then made the offer of $1,000 to me. I agreed and was told to deliver the Mercury to the dealership the following day.
29. I delivered the car and turned over the keys to the Dealership. The dealership took possession of the car.
30. When I refused to pay the increased price of the Porsche alleged above, the Dealership then refused to pay for the Mercury.
31. A dealership employee parked the Mercury in the public street of Fort Lauderdale outside of the dealership and abandoned the car.
32. David then called the city to report the car to have it towed by the city.
33. On April 23, 2018 David send a text message from the phone number 954-865-2861 to me with a picture of the city's red sticker notification warning of an imminent tow. The text followed up with “come and find your car before the crane takes it”
34. I was distressed and called for police assistance in retrieving the car keys from the dealership.
35. I also incur expenses of relocating the vehicle.