August 6, 2014 at 11:55 PM
WEST ORANGE, NJ - The New Jersey Division of Consumer Affairs has filed a complaint against against Bergen Auto Enterprises, LLC, d/b/a “Wayne Mazda” and “Wayne Auto Mall Hyundai,” for repeated deceptive advertising practices including the failure to disclose used vehicles had previously been used as rental vehicles and/or had sustained significant prior damage. In addition the complaint alleges Wayne Mazda and Wayne Auto Mall Hyundai engaged in “bait and switch” tactics "by featuring vehicles in advertisements that were not actually available for purchase or lease," according to the press release issued by Acting Attorney General John J. Hoffman.
Wayne Mazda and Wayne Auto Mall Hyundai are located on Route 23 in Wayne.
“We will not allow consumers to be subjected to the egregious sales tactics that these two dealerships allegedly engaged in,” said Acting Attorney General John J. Hoffman. “Important facts that a consumer needs to make an informed buying decision, such as past accident history, cannot be omitted or withheld by auto dealerships.”
The State filed a five-count complaint in State Superior Court in Paterson and claimed multiple violations of both the Consumer Fraud Act and Motor Vehicle advertising regulations were perpetrated by Bergen Auto Enterprises, LLC. The state wants restitution for affected consumers and the imposition of civil penalties, among other solutions.
In addition to the sale advertisements of multiple vehicles that did not disclose the vehicle's prior use and/or damage, Wayne Mazda and Wayne Auto Mall Hyundai did not provide statements to the public regarding applicable purchase costs, a New Jersey state requirement.
The complaint alleges, "the auto dealerships advertised prices of new vehicles reflecting dealership discounts which failed to properly explain the qualifications necessary to obtain those discounts." In one example, Wayne Mazda "advertised prices containing a footnote which read “Available to qualified buyers on select vehicles,” without specifying the vehicle to which the discount applied or the conditions necessary for the consumer to qualify for the discount."
The complaint also alleges that specific new vehicles advertised for sale or lease had actually been sold months before but remained in advertisements for both Wayne Mazda and Wayne Auto Mall Hyundai.
The OAG press release noted, "In one instance, Wayne Mazda advertised a 2013 Mazda for lease that had actually been sold almost 11 months before the advertisement was published. In another instance, Wayne Auto Mall Hyundai advertised for lease a 2013 Hyundai Genesis for at least 175 days that it did not possess, and that was in fact, located and titled in Pennsylvania."
“The alleged actions of Bergen Auto Enterprises demonstrate contempt for consumers and their rights under the law. The Wayne Mazda and Wayne Auto Mall Hyundai dealerships allegedly offered vehicles and terms that were not attainable, and concealed important details about other vehicles for sale and lease, all in a calculated effort to profit at consumers’ expense,” said Division of Consumer Affairs Acting Director Steve Lee.
Consumers that believe they are victims of Wayne Mazda or Wayne Auto Mall Hyundai can file a complaint with the State Division of Consumer Affairs by calling 1-800-242-5846 (toll free within New Jersey) or 973-504-6200.