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Settlement Could Provide Tens of Millions of Dollars in Refunds to Consumers
BALTIMORE, MD – Attorney General Anthony G. Brown today announced that his Consumer Protection Division along with the Federal Trade Commission have reached a settlement of civil charges against Lindsay Ford, LLC d/b/a Lindsay Ford of Wheaton, Lindsay Chevrolet, LLC d/b/a Lindsay Chevrolet in Woodbridge, VA, Lindsay Motors, LLC d/b/a Lindsay Chrysler, Dodge, Jeep, Ram in Manassas, VA, Lindsay Management Company, LLC, Michael Lindsay, an owner of the companies, and John Smallwood and Paul Smyth, two additional officers.
“We filed this lawsuit because the Lindsay Dealerships misled Maryland car buyers into overpaying for their vehicles. This settlement puts money back in Marylanders’ pockets and puts a stop to these predatory practices,” said Attorney General Brown. “Our Office is committed to ensuring that every Maryland consumer who does business with a car dealership is treated fairly.”
As part of the settlement, the defendants are required to refund the amounts consumers paid for the purchase or lease price of their vehicles that was higher than the advertised price at all three of the dealerships and also the amounts consumers paid at Lindsay Ford for add-on products or services that consumers did not agree to purchase or thought were required. The full amount of refunds due to consumers is yet to be determined, but over $75 million in charges consumers paid may be eligible for refunds.
The matter has been pending before the United States District Court for the Eastern District of Virginia. The settlement is pending approval by the Court.
“Lindsay Auto misled consumers by advertising false low car prices and then adding mandatory fees and other charges during the car buying process,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The Trump-Vance FTC is focused on ensuring that auto dealers competitors’ are transparently competing on price.”
Under the Stipulated Order filed today, the defendants must pay refunds for the difference in advertised price and actual price that consumers paid at the Lindsay Ford dealership and that Maryland resident consumers paid at Lindsay Chevrolet and Lindsay Chrysler, Dodge, Jeep, Ram dealerships between April 1, 2020 and December 31, 2025, if those consumers viewed an advertisement that listed a sales price that was less than the price they were asked to pay for their car purchase or lease. Additionally, consumers who were charged for add-on products, such as GAP Insurance or service plans at Lindsay Ford, can also seek refunds if they were unknowingly charged for products or services or were told these charges were required
The Stipulated Order further permanently restrains and enjoins the defendants from misrepresenting:
· The cost of purchasing, financing, or leasing a vehicle;
· The availability of the vehicle at the advertised price;
· Whether charges, fees, taxes, products, or services are optional or required;
· Whether any type of source for financing is required;
· Whether charges, products, or services are authorized by consumers;
· The amount of any charge, fee, or tax; and
· Any other material facts including, but not limited to, any restrictions, limitations, conditions, or any aspect of the benefits, performance, efficacy, nature, or central characteristics of any products or service.
The defendants are also required to clearly and conspicuously disclose the total price as the most prominently displayed item in any visual disclosure. Additionally, the defendants must obtain consumers’ express, informed consent prior to charging the consumer.
Consumers eligible for refunds will be contacted by a third-party claims administrator. They may also reach out to the Attorney General’s Consumer Protection Division at 410-528-8662 with any questions.
Finally, the Lindsay defendants agreed to pay the Attorney General’s Office $3.1 million. The Attorney General personally thanks the staff at the Federal Trade Commission who collaborated with the Consumer Protection Division in reaching this settlement.
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