Ask Me Help Desk - Auto dealer did not acquire consent

I believe an auto delaer defrauded me and used an electronic signature to paste it over many documents without consent... I did not know they were going to do it... does anyone know what the law is regarding this? Don't they need to disclose this to me in some way other than pasting the electronic signature on a consent... which was the problem in the first place... thanks

Hello sic:

It would help if you told us the whole story. If you're happy with the transaction, then what does it matter how they signed the paperwork.

If you're NOT happy with the car or the deal, tell us about THAT.

excon

Pasting YOUR signature? That is completely illegal. You have to sign it yourself... I would confront them and say, show you the SIGNED ORIGINALS. If they can't produce them.. you have a case.

Thanks for responses thus far

Whole story

I feel they defrauded us on 2500 dollars on the transaction adding a "dealer voucher" that did not excist... therfore having me pay up to 1000 over sticker price on a nissan rogue... they initially gave me a price of 21650 at 1.9 percent financing than right before paperwork they said they misquoated the maximas promotion (1.9 or 2500$), so the rate is actually 3.9 percent, but they did not take off the 2500 they added it into the price of the car... Bewlieve me this story has many "tentacles" to it. At the end of the deal they had my wife sign a keypad like one at a store when you do a credit card transaction and they said it was just showing that you were taking car home today, and it actually read that way on the thing. They did not say they were going to use it on all the paperwork!! Plus I never had an opportunity to withdrawal any perceived consent... it was BS

I have looked up the esign laws and they can use it but they are supposed to inform the consumer in a clear way that they are using it, but they never did. I am going to small claims court, but don't want it to be a he said-he said story... so if anyone knows if they are supposed to provide it in writing,. This is a real mess and a huge scam!!
Thanks

Quote:

Originally Posted by slc258

thanks for responses thus far

whole story

I feel they defrauded us on 2500 dollars on the transaction adding a "dealer voucher" that did not excist...therfore having me pay up to 1000 over sticker price on a nissan rogue....they initially gave me a price of 21650 at 1.9 percent financing than right before paperwork they said they misquoated the maximas promotion (1.9 or 2500$), so the rate is actually 3.9 percent, but htey did not take off the 2500 they added it into the price of the car....Bewlieve me this story has many "tentacles" to it. At the end of the deal they had my wife sign a keypad like one at a store when you do a credit card transaction and they said it was just showing that you were taking car home today, and it actually read that way on the thing. They did not say they were going to use it on all the paperwork!!!!!! plus i never had an opportunity to withdrawal any perceived consent....it was BS

I have looked up the esign laws and they can use it but they are supposed to inform the consumer in a clear way that they are using it, but they never did. I am going to small claims court, but dont want it to be a he said-he said story...so if anyone knows if they are supposed to provide it in writing, ...This is a real mess and a huge scam!!!
thanks

So you agreed to purchase at one price, they then changed the price, you were unable to get out of the deal? Or you knew the figures were not what you had agreed to and purchased the car anyway? It's not fraud if you were aware and took the car anyway - it's only fraud if something was misrepresented.

Some of the e-signature "stuff" depends on the State - I just dropped off my car, got a loaner, signed that little credit-card like thing and got a printout of everything they said about the use of my signature. For example, they can't use that e-signature to authorize repairs. I'm in NYS. Of course, I don't sign ANYTHING without reading it and I also verify my own mileage when I drop a car off after a terrible experience - but that's another subject.

What paperwork do you have?

Quote:

Originally Posted by slc258

I feel they defrauded us on 2500 dollars on the transaction adding a "dealer voucher" that did not excist...therfore having me pay up to 1000 over sticker price on a nissan rogue....

I'm not following exactly... you're saying they defrauded you by $2500 but then say you paid $1000 over the sticker price. How much did you exactly over-pay? What was their explanation for the "dealer voucher?" What is the "voucher" for? Is it an extended warranty? Is it an overpriced service fee?

Quote:

Originally Posted by slc258

they initially gave me a price of 21650 at 1.9 percent financing than right before paperwork they said they misquoated the maximas promotion (1.9 or 2500$), so the rate is actually 3.9 percent, but htey did not take off the 2500 they added it into the price of the car....

If they quoted a promotion, then it should have been either 1.9% financing or $2500 cash back, not 1.9% financing or adding $2500. Additionally, the promotional financing almost always comes with the catch of "for qualified buyers"; if your credit isn't 100% clean, then you're not going to get the promotional financing. You're also talking about 2 different cars; first a Rogue, then a Maxima. One's a truck and one's a car, so I have no idea what you actually bought.

Quote:

Originally Posted by slc258

Bewlieve me this story has many "tentacles" to it. At the end of the deal they had my wife sign a keypad like one at a store when you do a credit card transaction and they said it was just showing that you were taking car home today, and it actually read that way on the thing. They did not say they were going to use it on all the paperwork!!!!!! plus i never had an opportunity to withdrawal any perceived consent....it was BS
I have looked up the esign laws and they can use it but they are supposed to inform the consumer in a clear way that they are using it, but they never did. I am going to small claims court, but dont want it to be a he said-he said story...so if anyone knows if they are supposed to provide it in writing, ...This is a real mess and a huge scam!!!
thanks

Did your wife ask what she was signing? Did she get copies of the paperwork that her name was put on? I haven't heard of anyone ever signing a slip that only states that they were "taking the car home today" and not signing any other paperwork, but that's just me. I can't believe a dealer would let you take a vehicle without signing anything else.

There has to be on auto sales normally a final sheet, it shows all costs and a final amount.

Yes, if they added this and did not notify you of the extra charge you have a right to sue,

There

There has to be on auto sales normally a final sheet, it shows all costs and a final amount.

Yes, if they added this and did not notify you of the extra charge you have a right to sue,

There should have