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Issued: Monday, May 21, 2001
HARRISBURG — Attorney General Mike Fisher's Bureau of Consumer
Protection has reached a settlement with a Crawford County used car dealer
who is accused of providing consumers with illegal warranty agreements on
the vehicles they purchased from the dealership.
"These warranty agreements contradicted the law by charging consumers
for repairs that were required to be made at the dealership," Fisher said.
"Our settlement prohibits that practice and will ensure that consumers are
not charged for warranty work that must be performed by the seller."
Fisher said an "Assurance of Voluntary Compliance" agreement was
reached with Harry W. Bish and Wendy M. Bish, doing business as Harry's
Auto Sales, 14476 Conneaut Lake Road, Meadville, Crawford County. The
agreement resolves alleged violations of Pennsylvania's Consumer
Protection Law, Automotive Trade Practices Regulations and the federal
Magnuson-Moss Warranty Act.
Fisher's Office in May 2000 sent a warning letter to the dealer
regarding the use of illegal warranty agreements. -more-
-2- According to agents with Fisher's Bureau of Consumer Protection,
the dealership in 2000 and 2001 offered used car buyers a "50-50" warranty
incentive, which specified that all of the covered repairs must be
performed by the dealership. Under the warranty plan, consumers were
required to pay for 50 percent of the cost of labor and 50 percent of the
cost of parts for any covered repairs.
Under the federal Warranty Act, a car dealer cannot charge for warranty
repairs if the buyer is required to have the car serviced at a specified
garage or repair facility, including the dealership where the car was
purchased. Likewise, a consumer may not be required to pay for parts or
items that are specified by brand-name in order to get the benefit of the
warranty. The law also provides that when the buyer is free to choose his
or her own repair shop, the buyer may then be required to pay 50 percent
of the repair bill.
Fisher said failure to comply with the federal Warranty Act is also a
violation of Pennsylvania's Auto Regulations and Consumer Protection Law.
"Before buying a new or used car I urge consumers to review the laws
regarding automobile warranties," Fisher said. "These laws are designed to
protect consumers from paying for repairs covered under the warranty or
paying inflated repair costs." Under the terms of the settlement, Harry's
Auto Sales admits no wrongdoing and is required to: The Assurance was filed in Crawford County Court by Deputy Attorney
General Leslie M. Grey of Fisher's Bureau of Consumer Protection Office in
Erie.
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