CLIPBOARD : HOW TO FILE COMPLAINTS OF AUTO FRAUD
Odometer fraud is the accusation most actively pursued by the division of investigations of the Department of Motor Vehicles. The state attorney general will call a rolled-back odometer grand theft if the auto body shop or auto dealer is are suspected of doing it.
Automotive scams come in all stripes and are handled by the DMV special investigations unit. The unit has 10 districts statewide, 40 offices and nearly 300 investigators. In Orange County there are two offices: * 909 W. Valencia Drive, Fullerton, (714) 680-7941. Hours: 8 a.m. to 5 p.m., Monday through Friday. * 18231 McDurmott West, Suite 100, Irvine, (714) 476-9260 Hours: 7 a.m. to 5 p.m., Monday through Thursday; 8 a.m. to 5 p.m. Friday.
Failure to transfer title is the most common complaint and can be either simple or complex, said Al Caruso, a DMV investigator in the Fullerton office. A consumer thinks that he has bought a vehicle but fails to receive the title. Sometimes the dealer can’t get the title because the bank still holds the papers on the car. Other complaints have to do with selling stolen vehicles, selling vehicles with counterfeit titles, buying former rental vehicles misrepresented as new, counterfeiting of licenses, insurance fraud problems and auto theft. “There are thousands of complaints every year in this county, because we have such a high concentration of dealers and people,” Caruso said. “We try to be proactive, because time is of the essence. Documents, witnesses start to disappear. As soon as we can get into a problem, we can stop the public harm--if we can catch it early enough. “Some investigations, such as fictitious dealers and buyers, he said, take years to get all the documents and to uncover such methods as fictituious dealers and buyers,” he said. and uncover methods. “There is a mistake side and a criminal side” in the investigations of consumer complaints, DMV media liaison Bill Gengler said. Rolling back odometers is a criminal act, he said, and is referred to the district attorney’s office to have the auto repair shop’s license revoked. What can be done by the DMV is limited: A consumer has to go to civil court to collect damages. The DMV asks the consumer to try to resolve the problem by contacting the individual or business and explaining the situation before submitting a complaint. A record must be kept of all papers, documents and conversations, and reasonable time must be allowed for the other party to act. The next action is to file a complaint. The DMV has a pamphlet (available at any DMV office) with instructions on how to file a consumer complaint. A look at the types of complaints the DMV will investigate is essential before submitting the complaint. If the problem has not been resolved after the various attempts, and if the consumer believes that a law has been violated, documents-- such as contracts, warranties, repair orders, receipts and all correspondence--should be submitted to the DMV with a typed or printed consumer complaint. The complaint form may either be dropped into the express deposit box at the local DMV office or mailed to: Department of Motor Vehicles, Division of Investigations Consumer Assistance Unit 2570 24th St. Sacramento, Calif. 95818
Upon receipt, the complaint form will be evaluated and acted upon. It will be returned to Orange County if it is actionable. If the complaint is strictly a civil matter that may be resolved by filing suit in Small Claims Court, it will be returned to the consumer. If it is another agency’s responsibility, it will be forwarded. Here are some kinds of complaints: * Registration. Non-receipt of documents (title, registration or license plates) or failure to transfer title or registration. * Warranties. Failure to honor a warranty or guarantee. * Fraud. Odometer rollback or tampering; failure to pay off the legal owner or secured party; a dealer unlawfully listing a company or individual as a vehicle’s legal owner; overcharging of license fees; failure to return due down payment, trade-in or deposit; failure to deliver a vehicle; and consumer loss or damage by fraud or deceit committed by the licensee. * Advertising. False or misleading representation of a used car as new, representing the wrong year of a model or wrongful representation of a vehicle’s condition; inaccurate or undisclosed history of vehicle, such as failure to identify a formerly publicly owned or salvage vehicle when the seller is aware of the previous status; and advertising a vehicle not available for sale. * Financed sales. Dealer delivering a vehicle before a conditional sales contract is completed and signed; completing a contract that fails to include all terms and conditions of the sale; excessive finance charges; and not returning money or trade-in when the buyer cannot obtain a loan or when the conditional sales contract is not completed and signed. * Private party sales. The DMV can investigate transactions when problems occur in the following areas: disconnecting, resetting or tampering with odometers; use of counterfeit documents such as pink slips or registration papers, and forged signatures. * Other complaints. Complaints and information may be submitted if you suspect any of the following: vehicle theft, use of false documents or switching vehicle ID numbers; use of false ID cards or driver’s licenses; unauthorized removal of parts or disposal of a vehicle; illegal possession by seller; illegal lien sale; improper operation of driving schools or employees’ illegal conduct; and misconduct by workers dismantling a vehicle.
Most complaints dealing with registration, transfer or sale of vehicles are handled by the DMV. Safety equipment problems are referred to the California Highway Patrol; complaints on insurance, rental cars and registration enforcement go to the appropriate departments. Complaints dealing specifically with auto repair shops will be directed to the Bureau of Automotive Repair in the Department of Consumer Affairs. This agency licenses auto repair shops and fields complaints from consumers. The California Automotive Repair Act requires all auto repair shops to be registered with the Department of Consumer Affairs and must post a sign stating that in accordance with the Automotive Repair Act of 1971, a customer is entitled to: a written estimate for repair work, a detailed invoice of work done and parts supplied, and return of replaced parts if requested at the time a work order is placed. Questions concerning these rights should be directed to the manager of the repair facility. Unresolved questions regarding service work may be submitted to: Bureau of Automotive Repair (1-800) 952-5210 8 a.m. to 5 p.m., Monday through Friday.
