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Has anyone considered a class action lawsuit against a dealer?

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Old Feb 4, 2022 | 06:55 PM
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Has anyone considered a class action lawsuit against a dealer?

I know that there are many threads about personal questions reg when the G arrives and dealer asks for extra AMV.
Legally speaking, will it differ if a group of potential customers get an attorney to discuss the action of one dealer?

If a dealer takes a 5k deposit from X number of customers ( may be 100 to 200), keeps the 5kX total amount ( $500 000 to 1M) for over a year, once G build is announced to restart in 22, the dealer returns all deposits to customers claiming that he doesn't know when he can get their cars.

-Of course, will be hard to get the name if customers on this list-

Any legal grounds?
If an attorney is in this group, would appreciate opinion.
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Old Feb 4, 2022 | 08:27 PM
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www.consumerlawgroup.com specializes in automobile related consumer matters. Let us know what they have to say.
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Old Feb 4, 2022 | 08:45 PM
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Many thnx

Originally Posted by streborx
www.consumerlawgroup.com specializes in automobile related consumer matters. Let us know what they have to say.
nice to see this specialspecialist
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Old Feb 4, 2022 | 10:13 PM
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Problem with class action lawsuit is that the only people that actually make any money off of it are the lawyers.
What are you going to end up with? $50 or maybe a free oil change coupon.

Better off suing on your own and recovering some legit damages if there is any chance of victory.
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Old Feb 4, 2022 | 10:42 PM
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Appreciate the advice

Really good to know
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Old Feb 5, 2022 | 01:15 AM
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Pointless law suit and the only people who will get anything are the lawyers.

M
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Old Feb 5, 2022 | 01:27 AM
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Speaking to your OP question, it might seem devious or unethical for a dealer to collect far more many deposits than known G allocations, but in the world of collector item auctions (with which the G market seems to rhyme), bidders frequently must post an entry fee as proof of interest and qualification. In fact, bringatrailer.com works a bit like this. When you place a bid on a vehicle, your CC is charged 5% of your bid amount as verification you're legit, and not merely goosing the bids. The MB dealer can't be held responsible for MBAG's production shutdown, and deposits were subsequently returned to all the prospective "bidders". IMO, no foul here.
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Old Feb 5, 2022 | 01:41 AM
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Appreciate it

Originally Posted by streborx
Speaking to your OP question, it might seem devious or unethical for a dealer to collect far more many deposits than known G allocations, but in the world of collector item auctions (with which the G market seems to rhyme), bidders frequently must post an entry fee as proof of interest and qualification. In fact, bringatrailer.com works a bit like this. When you place a bid on a vehicle, your CC is charged 5% of your bid amount as verification you're legit, and not merely goosing the bids. The MB dealer can't be held responsible for MBAG's production shutdown, and deposits were subsequently returned to all the prospective "bidders". IMO, no foul here.
but the only problem here is that production has been resumed!
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Old Feb 5, 2022 | 10:19 AM
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Originally Posted by medtner
but the only problem here is that production has been resumed!
Maybe the dealer is just clearing the order book and wants to start over. You could inquire, but I'd shop elsewhere IIWY.
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Old Feb 5, 2022 | 01:32 PM
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Originally Posted by streborx
Speaking to your OP question, it might seem devious or unethical for a dealer to collect far more many deposits than known G allocations, but in the world of collector item auctions (with which the G market seems to rhyme), bidders frequently must post an entry fee as proof of interest and qualification. In fact, bringatrailer.com works a bit like this. When you place a bid on a vehicle, your CC is charged 5% of your bid amount as verification you're legit, and not merely goosing the bids. The MB dealer can't be held responsible for MBAG's production shutdown, and deposits were subsequently returned to all the prospective "bidders". IMO, no foul here.
Mate we're not talking about a faberge egg at auction here...This is a mass produced SUV, get outta here with that "bidding" BS. Not a single soul will be giving anyone who paid an ADM their money back once the music stops, they have paid extra for nothing (other than the flex to have a G RIGHT NOW).
Granted the G had waitlists even before the pandemic, but even wood, meat, metals etc. prices have gone through the roof. Everything is inflated to hell and governments are printing money like its monopoly. Add to this a global supply chain issue and the chip shortage and you get the current G situation.

Not to mention the crappy customer service/relationship aspect of it. Its one thing to try and rip off a guy buying his first Mercedes with an ADM, but to turn around and promise MSRP and upon delivery charge $100K ADM (which is rampant and has soooo many threads on here) for a loyal customer who is buying his 7th Benz from your dealership....Then that's just very shortsighted and stupid. This situation wont last long, but those customers will and they sure as heck wont be going back to a dealership who plays these idiotic games.
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Old Feb 5, 2022 | 02:16 PM
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Originally Posted by 3.Pointed.Czar
Mate we're not talking about a faberge egg at auction here...This is a mass produced SUV, get outta here with that "bidding" BS. Not a single soul will be giving anyone who paid an ADM their money back once the music stops, they have paid extra for nothing (other than the flex to have a G RIGHT NOW).
Au contraire -- this is absolutely a bidding war as several forum members have complained. Vehicle arrives and dealer drops the bombshell -- cough up MSRP + $100K or it goes to somebody else waiting to write the check. Why should ADMs be returnable in the event of a drop in G market value? Buy some Bitcoin and try suing your broker when you lose your shirt. It's a free market -- sellers can name their price and buyers can negotiate or walk.
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Old Feb 7, 2022 | 02:12 PM
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Play games with them back. I did not even have to file a lawsuit, but that was one of my threats, amongst others. I accused them of a lot of things, some may not be true, but I was willing to get down in the mud and beat them at their game of who can be the most unethical scumbag and I am proud to say that I won.

The *******s pulled that ADM stunt on me shortly before it was delivered but I did not follow the advice here to pay up because 'it is what it is'. I got my G63 at MSRP and the cowards hid in the back when I arrived to take delivery lmao.

Last edited by jamesszzz; Feb 7, 2022 at 02:22 PM.
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Old Feb 7, 2022 | 02:15 PM
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Originally Posted by jamesszzz
Play games with them back. I did not even have to file a lawsuit, but that was one of my threats, amongst others. I recently had a dealer try to pull that $75k over MSRP stunt as the vehicle arrived and unlike people here, I didn't just accept it as 'it is how it is'...I played games back with them and won. I got my G63 for MSRP. Other buyers did not though. Sad.
great advice, thank you.
now I am dealing w the GM after my bad review online 🙃
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Old Feb 7, 2022 | 02:26 PM
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Originally Posted by medtner
great advice, thank you.
now I am dealing w the GM after my bad review online 🙃
Happy for you and hope you get it. Getting aggressive and smearing them in reviews works. I can't believe people let these dealers take advantage of them like this.
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Old Feb 7, 2022 | 02:37 PM
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Originally Posted by streborx
Au contraire -- this is absolutely a bidding war as several forum members have complained. Vehicle arrives and dealer drops the bombshell -- cough up MSRP + $100K or it goes to somebody else waiting to write the check. Why should ADMs be returnable in the event of a drop in G market value? Buy some Bitcoin and try suing your broker when you lose your shirt. It's a free market -- sellers can name their price and buyers can negotiate or walk.
Ok man, you go ahead and pay your ADM's and justify market prices to yourself. The fact that you bring crypto into this conversation tells me all I need to know about you.
Ive been a long time customer and wont pay a cent over MSRP for any Mercedes and as the guy above me stated, it can be fought for or just save your dignity and not get bent over backwards by dealers insane demands. I sincerely hope the ppl that are paying these ADM's are doing so with easily disposable cash because otherwise we're probably going to see sooooo many posts on here crying about how much they lost paying for nothing while trying to take advantage of the current low interest rates.
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Old Feb 7, 2022 | 05:54 PM
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Originally Posted by 3.Pointed.Czar
The fact that you bring crypto into this conversation tells me all I need to know about you.
Hmmmm .... and just what might that be???
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Old Feb 12, 2022 | 08:42 AM
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Time to set some legal precedent I guess. Guy in Detroit retained a lawyer because dealer asked for $120k ADM. MB basically saying not our problem.

Fox Detroit

Cue your favorite popcorn eating animated gif for here.
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Old Feb 12, 2022 | 11:12 AM
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Originally Posted by Hodog16
Time to set some legal precedent I guess. Guy in Detroit retained a lawyer because dealer asked for $120k ADM. MB basically saying not our problem.
It's been reported elsewhere in this forum that even the MBUSA owned dealership in Manhattan is now charging ADMs, so I wouldn't expect any franchised dealer to receive a scolding from Corporate as Ford and GM are now doing. Unfortunately, public opinion is unlikely to offer much sympathy to any buyer of a $200K automobile, especially when buyers of even Kias are paying more than MSRP for some models. Nevertheless, it will be interesting to see what happens. Personally, I wouldn't pay even MSRP for olive green over red.
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Old Feb 12, 2022 | 01:57 PM
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After giving a deposit and waiting over 2 years I am currently in number one spot for the next allocation. I am now being told that t I will be expected to pay market price at the time the vehicle arrives. The other local dealership has 25 people ahead of me and they asking for a fix 40K over MSRP to get on the list. They also have six G63 on their lot with an average of 120K over list. I would be happy to spend $$ on legal action...Is this the definition of racketeering?
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Old Apr 24, 2022 | 01:35 PM
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Strategy & details

Originally Posted by jamesszzz
Play games with them back. I did not even have to file a lawsuit, but that was one of my threats, amongst others. I accused them of a lot of things, some may not be true, but I was willing to get down in the mud and beat them at their game of who can be the most unethical scumbag and I am proud to say that I won.

The *******s pulled that ADM stunt on me shortly before it was delivered but I did not follow the advice here to pay up because 'it is what it is'. I got my G63 at MSRP and the cowards hid in the back when I arrived to take delivery lmao.

This is helpful information. I’ve had serious issues with a local MB dealer as well, so I feel your frustration. My situation was different as they held my current vehicle hostage for 2 months due to a recall/ part shortage and refused to release it back to me for 2 months; a story for another thread.. .. Regarding YOUR situation, I’m curious as to whom you contacted and addressed your concerns and “threats” to? In my situation, it was a goose chase just finding someone with authority and whom actually knew how to assist . I also couldn’t get through to anyone on a corporate level, as MB makes it literally impossible for consumers to communicate. I couldn’t even find a contact in the normal terms and conditions legal sections (online or printed).

Just wondering the level of your formality and who all you threatened, for my own insight and future knowledge.

Also, more importantly, when you made the initial deposit what did the contract or paperwork say? I was lucky and happened to be at the dealership on a day when the original buyer cancelled their order so Im not familiar with the details of preorders and custom builds, but I’m definitely curious of the terms.

Thanks for your insight.

Lindsey
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Old Jul 28, 2022 | 10:50 PM
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Some people suggest going to court myself to get more money in the end, but I am afraid I will mess up and lose the case. What do I need to know to go to court on my own?
I would rather hire a professional private property lawyer for this case to be more or less sure about the outcome. But if I want to do that myself, I need to learn much more and ensure I know what I am doing. Because if I mess up, I am probably going to lose even more than I intended to get. A court is a dangerous thing, and I never go there alone.
This case will probably not be an exemption from this rule.

Last edited by amethbrilliant; Aug 11, 2022 at 06:12 AM.
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Old Jul 28, 2022 | 11:20 PM
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Originally Posted by amethbrilliant
Some people suggest going to court myself to get more money in the end, but I am afraid I will mess up and lose the case. What do I need to know to go to court on my own?
Do you mean instead of participating as a plaintiff in the class action? Has a class action been initiated?
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Old Jul 29, 2022 | 06:11 AM
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I am located in Mid Ohio and I tried several law firms and none would take it on. This is the only recommendation I received: Never received a reply from AUTOCAP and when I tried contacting the GM at the dealership he threaten to send my deposit back.
Thank you for reaching out on our website. I’m sorry for all you are going through. Unfortunately, our litigation focus doesn’t quite fit your specific matter.

We would suggest you reach out to AUTOCAP. http://www.oada.com/aws/OADA/pt/sp/autocap

Below is a brief description of this free service:

The Automotive Consumer Action Program (AUTOCAP) is a third party dispute resolution program sponsored by the Ohio Automobile Dealers Association (OADA) in conjunction with the Ohio Attorney General's Office. It is established pursuant to a memorandum of understanding between OADA and the Ohio Attorney General’s Office. This free service that OADA members voluntarily participate in is designed to improve dealer / customer relations by providing a fair and equitable review and mediation of motor vehicle disputes involving participating dealers.

Thank you again for considering us. I’m sorry we couldn’t be more help.
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Old Jul 29, 2022 | 11:06 AM
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IMO, scumbag dealer tactics don't qualify for a class action. If such a possibility existed, you'd be seeing late night TV commercials and you'd be urged to call some 1-800 number (lawyers who sit around waiting for their phone to ring don't make much money). I've had my G550 for about 3 years -- it's a fun truck to drive, but it's not a vehicle worth navigating through a gauntlet of market price adjustments and lawsuits to own. I just bought a new SUV last month and opted for a BMW X7M50i, instead of another Gwagen (and money had nothing to do with it), even though there are plenty of G63s sitting on dealer lots waiting to be driven away. G's are way overpriced even at MSRP, and shelling out $100K to a dealership in exchange for a smile and a handshake doesn't rev my motor to redline. My advice to anyone who is angry about being screwed over on Gwagen pricing is to walk away and never return to that dealership (do you really want to be servicing your G at to a dealership you sued?). There are plenty of alternative vehicles and a few reputable dealerships more deserving of your business.
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Old Jul 29, 2022 | 02:33 PM
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disagree on both points, regarding alternative vehicles to a G and reputable dealers.
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