16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604 #563688-00095

Submission Number:
563688-00095
Commenter:
Dale  Irwin
Organization:
Slough Connealy Irwin & Madden LLC
State:
Missouri
Initiative Name:
16 CFR Part 455 Used Motor Vehicle Trade Regulation Rule; Project No. P087604
I have been representing cheated consumers for 40 years, beginning with my early days as a legal aid attorney and continuing with my private practice. My view of the proposed rule is this: it will mislead consumers about their rights and make them think that a dealer can't be held responsible for oral statements about a car. This will discourage consumers from even seeking advice about their rights. It will breathe new life into the old "buyer beware" doctrine, which punishes consumers for believing what dealers tell them. The courts in Missouri, the "Show Me" state, have long been critical of that doctrine. See Smith v. New Plaza Pontiac, 677 S.W.2d 941,945 (Mo.App.W.D. 1984). The FTC should not be giving it any credence.