In the Matter of Jim Koons Management Company, File Number 152-3104
As someone who paid extra for a good quality "certified" used car, and as an attorney who represents consumers whose car purchases do not turn out so well, I want to associate myself with the comments made by Consumers for Auto Reliability and Safety. I believe that allowing the respondent in this case to settle it by making disclosures is completely inadequate. No one should be able to market a used car as "certified" while it has outstanding safety recalls; that is inherently deceptive. Moreover, allowing unsafe recalled vehicles to be sold would tilt the playing field against responsible dealers who invest the time in having repairs made before selling the cars. In the real world, most consumers are vulnerable to advertising and marketing strategies and do not exercise proper skepticism when entering into a car transaction; they expect the dealer, or whoever regulates the dealer, to protect them against grossly unsafe or predatory practices. But the most vulnerable include the young, the poor, those with poor credit, and those for whom English is not a first language. These consumers and their families and children will be put at grave risk if dealers are allowed to sell unrepaired recalled vehicles no matter what disclosures accompany them. Thank you for your consideration of these views.