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Very Good Article on the truth about "Certified Used Cars"

6/14/2022

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Consumers' Checkbook, a consumer-oriented site, has a very good article on "certified" used cars -- if you are considering one, you will want to read the whole article carefully before you go shopping. Short excerpt below ...

https://www.checkbook.org/puget-sound-area/used-car-certifications-often-not-meaningful/


Used-Car Certifications Often Not Meaningful
by Anthony Giorgianni
Last updated May 2022

Dealers promise rigorously inspected rides and peace-of-mind warranties, but we found some consumers get rebuilt wrecks and even a former crash-test vehicle.

Most used-car shoppers find the process a stressful ordeal filled with possible perils. They worry they’ll end up with an unreliable vehicle, and they don’t feel comfortable dealing with car salespeople: A 2022 Gallup poll found them to be the second-most-hated profession in the U.S.; only lobbyists fared worse. Worst of all, supply-chain problems for new-car factories have created a surge in demand for used ones—during the first quarter of 2022, average prices for secondhand rides were up 35 percent compared to the previous 12 months. Competition is so stiff that many used cars are purchased sight unseen by desperate buyers.

To reassure used-car buyers worried about getting stuck with a lemon, manufacturers in the 1990s began offering “certified” used cars. They’re marketed as the crème de la crème of the secondhand auto world and even come with manufacturer-backed warranties.


But our research uncovered that certified labels don’t guarantee vehicles won’t have serious hidden mechanical or structural problems. We were astonished by some of the flaws we discovered, many that should have been noticed during promised inspections. We also found certified cars that were totaled wrecks that were rebuilt and resold, and even an SUV previously owned by the government and used in crash tests.


Because manufacturers count on their dealers to conduct the promised inspections needed to certify vehicles, certification labels are only as reliable as the diligence of the dealerships and their mechanics in doing the screening tasks and fixing any problems they find. And our research indicates they’re not always diligent. . . .


(Read the whole thing at https://www.checkbook.org/puget-sound-area/used-car-certifications-often-not-meaningful/)

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Watch the Griftocurrency Plunder Tally Climb

6/14/2022

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The current meltdown in "cryptocurrency" (more aptly named griftocurrency) demonstrates that ordinary consumers have no business messing with it.

Here's a great website that keeps track of the KNOWN loot scammed from people via griftocurrency plays
https://web3isgoinggreat.com/

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Oregon should follow suit promptly! Bring Right to Repair to Oregon

6/5/2022

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Today, the New York State legislature passed an electronics Right to Repair bill: As of mid 2023, manufacturers who sell “digital electronic products” in New York will have to make parts, tools, information, and software available to consumers and independent repair shops. We still await a final signing by the governor, but advocates don’t expect a challenge. . . .

For independent repair shops, this news is huge: Independent shops will finally be able to compete with manufacturers, resisting the repair market consolidation manufacturers have created by restricting access to parts and tools. In a recent California survey, 59% of independent repair shops said they might have to close their doors without the passage of Right to Repair. 

For the rest of us, the passage of this bill means that repairs should become less expensive and more comprehensive: People who want to fix their own stuff can. And your repair experience should improve even if you’re intimidated by the thought of cracking open your laptop or phone (Don’t be! You’ve got this! We can help!). Where before, manufacturers could push consumers to use manufacturer-authorized shops, now they’ll have to compete. Independent repair shops are often able to do repairs the manufacturer told a customer were impossible. Every day, microsolderers like Jessa Jones’s crack team of former stay-at-home moms breathe life back into devices authorized repair shops had written off as dead.   
Gay Gordon-Byrne, Executive Director of the Repair Association, said, “Every consumer in New York is going to benefit from this landmark legislation. We’ll all be able to fix the stuff we like,  stop being forced to buy new things we don’t want, and make it possible for the secondary market to provide high quality options for reuse.”
This bill covers most products containing electronics, but has some notable carve outs. It does not include motor vehicles (these are already handled by a national Right to Repair agreement between the automakers and the aftermarket), home appliances, medical devices, public safety communications equipment like police radios, agricultural equipment, and off-road equipment. We expect to see future legislation address these sectors.

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Outstanding Idea: Stop Auto Dealers From Using Yo-Yo Sales Scams

4/29/2022

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Friend of John Gear Law Office and outstanding consumer attorney Young Walgenkim, along with a stellar cast of other consumer protection experts, has filed a petition with the FTC to stop one of the worst abuses in the entire US market system, the yo-yo sales scam that auto dealers use.

The yo-yo sale is so bad it reminds you of the old saying that "If you think the illegal stuff is bad, take a look at what's legal."

Basically, a yo-yo sale is where you are stuck with the bargain you made but the dealer gets to revoke it … in other words, they get you psychically invested into and committed to the car you bought and often into sinking money into the car, and then they pull it back (the yo-yo) and demand that you, the consumer accept a worse deal or give the car back. And, believe it or not, today, that's legal.

It’s absolutely a shocking and abusive predatory practice that ought to be outlawed in auto sales just like all other forms of consumer contracts. If the deal isn't binding on them, it shouldn't be binding on you.

Read the rulemaking petition below and then contact your congressional rep and your Senators and tell them you agree:

If an auto dealer isn't bound by the contract, the consumer shouldn't be either. 
If a deal's a deal, then it should be binding on both sides or neither side. End Yo-Yo Auto Sales!

2022-04-29_request_for_rulemaking_yo-yo_grppetition_yo-yo_financing_ftc_04-29-22.pdf
File Size: 404 kb
File Type: pdf
Download File

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Venmo Users: Don't Sleep on This - Don't Give Up Your Rights to Use Class Actions

4/26/2022

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Very helpful article from The Verge below with step-by-step directions on how to avoid getting jobbed out of your right to join a class action against Venmo (which is, in practical terms, probably the only way you'd ever be able to have a hope of dealing with a problem with them that they won't fix for you).

Excellent deeper analysis of how Venmo is hoping you won't bother so they've made the process absurd, from the Credit Slips blog.
How to opt out of Venmo’s new arbitration clause

Keep your rights to class action

By Barbara Krasnoff  Apr 25, 2022, 2:52pm EDT

. . .  We’ll tell you how you can opt out — but first, a little info about arbitration clauses.
Arbitration clauses have become extremely popular in agreements between companies and consumers. (For example, here’s a 2019 article explaining how to opt out of the arbitration clause that emerged when Apple added a credit card.)

It’s not surprising. When you agree to arbitration, you are basically putting most of the advantages in the company’s court.

For example, most arbitration clauses deny you the opportunity to become part of a class action suit or to individually sue the company. Instead, an arbitrator (often chosen by the company) reviews the case and then makes a ruling that cannot be appealed.



MOST ARBITRATION CLAUSES DENY YOU THE OPPORTUNITY TO BECOME PART OF A CLASS ACTION SUIT

And, in fact, this is exactly what the arbitration clause that Venmo is adding is meant to do.

. . .


here’s the short version of what you need to do:

  • Download and print out the Venmo Opt-Out Notice Form
  • Fill out the entire form
  • Mail it (yes, the kind of mail with an envelope and a stamp) to:
PayPal, Inc.
Attn: Litigation Department
Re: Venmo Opt-Out Notice
2211 North First Street
San Jose, CA 95131



1) .... if you accepted the user agreement for the first time on or after May 23rd, 2022, then your form has to be postmarked up to 30 days after that date.

If you’ve been a Venmo member for longer, you have until June 22nd, 2022.


2) ... Send it so it can be traced or, even better, so somebody has to sign for it.

This will cost more, but if you foresee yourself possibly needing to take Venmo to court anytime in the future (especially if you plan to use the service extensively), then it pays to be sure.


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Americans Being Ripped Off on Car Loans

10/27/2021

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"Surprise, surprise, surprise" as Gomer Pyle used to say.

Consumer Reports has a good article on how car dealers rip you off on loans.

Well worth a read if you ever consider buying a car.

ProTIP: If you can't pay cash and must finance a car purchase, separate the loan deal and the car deal; never do them together with financing from the dealer.*

Get your loan approval from your own credit union or bank before you go car shopping so you can know exactly how much you can afford and the dealer can't bamboozle you by negotiating both deals at the same time. And, of course, you have to be willing to walk away from the lot without buying anything. And never buy any used vehicle without having your own independent mechanic to a complete pre-purchase inspection and test drive of the vehicle; if you can't afford the pre-purchase inspection, you can't afford the car anyway.

(* With the possible exception for the case where you are buying a new car and the maker is offering zero-percent financing and you are certain that you aren't being overcharged on the car.)

Experts say that CR’s analysis suggests a broad problem with the way car loans are arranged in this country: Dealers and lenders may be setting interest rates based not only on risk—standard loan underwriting practice—but also on what they think they can get away with. Studies show that many borrowers don’t know they should, or even can, negotiate the terms of a loan, or shop around for other offers. 

Discrimination could be part of it, too. Other research suggests that people of color are more likely to be offered high-interest car loans, even when they have similar or even better credit than whites. But unlike federal data provided on mortgages, the data CR analyzed did not include any information on the borrowers’ race, age, or sex.

The auto lending industry also operates in a regulatory morass. Many states have confusing and contradictory laws regarding how high rates can be set, according to interviews with regulators in all 50 states and the District of Columbia. At the federal level, the Consumer Financial Protection Bureau has limited oversight of auto lenders. 
Those who do get stuck with expensive car loans can face serious repercussions. 

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Good Warning -- Why NOT to use debit cards

7/13/2021

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Why You Should Never Use Your Debit Card

Scammers are everywhere, and debit cards leave your business exposed. . . .

Skimmers are a popular way for thieves to steal card numbers from gas pumps, ATMs and other machines that accept credit and debit cards. The skimmer is slipped into the card reader slot and once connected, it can not only steal the card number but also PINs and zip codes as they're entered. They're pretty tough to detect, and once a number and PIN is stolen it can be used to create counterfeit cards, make purchases over the phone and carry out other forms of identity theft, like setting up other accounts or loans in your name. . . .

The reason why Abagnale and most IT experts I know avoid debit cards deals with cash flow. If a fraudster can compromise a debit card, that person can access your cash. He or she can drain you and your company's bank account. And then you're stuck chasing. If a criminal makes unauthorized use of your credit card, your cash is still in your account.

In either case, according to the Federal Trade Commission, your liability would be no more than $500 — and more than likely considerably less — depending on when you report the theft. . . .


Read the full article from Entrepreneur magazine here: https://apple.news/Am9EeoNQVTteiFykHKUvs9g
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Timeshares are the worst -- except for timeshare resale scams, that is ...

6/17/2021

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Based on the number of people who call me seeking help with timeshares they are unhappy with, I can safely say that, other than herpes, timeshares are just about the worst possible thing you can acquire on a vacation. 

Maybe the only thing worse than getting involved in a timeshare in the first place is then getting ripped off again while trying to get out of one. The "timeshare exit" field is full of pirate scammers who are only too happy to have another shot at separating you from even more of your money and preying on your desperation to unload what has turned out to be a horrible idea.

The FTC has some good guidance you should check out (click the link or download the document below the graphic) if you are even thinking of getting within 100 miles of a timeshare sales pitch, or if you have already been snared and are thinking of trying to unload your timeshare.

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Ask Congress to Undo Anti-Consumer Rule Implemented in Final Days of Prior Administration

4/15/2021

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Urge Congress to Support a Congressional Review Act Resolution to Overturn the OCC's "Fake Lender" Rule
Dear friends and allies,

Congress has a short window of time to pass a resolution under the Congressional Review Act to invalidate the Office of the Comptroller of the Currency’s (OCC’s) "fake lender” rule. The fake-lender rule enables predatory consumer and small business lenders charging 179% APR or more to evade state- and voter-approved interest rate caps.


ACT NOW! Email your senators and representative to ask them to support the resolution (S.J. Res. 15 or H.J. Res. 35) to overturn the OCC's "fake lender" rule.



The rushed “fake lender” took effect in December and protects “rent-a-bank” schemes whereby predatory lenders (the true lender) launder their loans through a few rogue banks (the fake lender), in order to claim that it is a “bank loan” exempt from state interest rate caps. The fake lender rule overrides 200 years worth of caselaw allowing courts to see through usury evasions to the truth, and replaces it with a pro-evasion rule that looks only at the fine print on the loan agreement.


Congress can use the Congressional Review Act to overturn the rule with only a simple majority vote in the Senate -- no filibuster. But the deadline is approaching, so Congress must act soon.


Please also urge your members of Congress to support the Veterans and Consumers Fair Credit Act, which would stop predatory cost rent-a-bank loans by extending to all lenders, including banks, the 36% APR rate cap that currently protects active duty servicemembers.


Tell Congress to overturn the OCC's "fake lender" rule!
Thank you!

Lauren Saunders
Associate Director
National Consumer Law Center

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Good piece on why you DO NOT want to buy a salvage/reconstructed car

2/23/2021

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The author of this piece says "almost never" -- I will go further and say that should be "never" for consumers.

That is, unless you are a professional auto rebuilder, stay far away from salvage title/rebuilt title cars and trucks, period. 

They will be nothing but grief for you.

Why You Should Almost Never Buy a Salvage or Rebuilt Title Car
While a salvage or rebuilt title doesn’t necessarily mean the car is a death trap, the bad usually outweighs the good.

It may be tempting to buy a car with a rebuilt title because of its low price point, but what’s tricky is you don’t always know the extent of the damage that gave it a salvage title to begin with. 


“It’s very hard to determine if a car is back to pre-accident condition,” says Jack Gillis, executive director of the Consumer Federation of America. “I recommend just staying away from those types of vehicles.” 

Sometimes a rebuilt car can look shiny and new on the outside, but still have some serious internal problems. Flood damage is a prime example of this. Cars that have been damaged in a flood are especially dangerous to drive because it can take months or even years before the water corrodes the electric and mechanical systems. You should always ask an experienced mechanic to inspect a rebuilt car before deciding to make the purchase, but even then, it’s a risky move. 

“If a vehicle was in a flood, you can’t fix it. It’s not rebuildable. If it was wrecked so badly that it was salvaged, chances are the frame or unit body was compromised,” says Shahan. “So if you’re in a subsequent collision, it’s not going to give you anywhere near the same protection that you would’ve gotten if it was an undamaged car.” . . .

Much more at link here.

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John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

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