TORONTO, May 2, 2012 /CNW/ - Clarke Chevrolet Buick GMC Limited of Amherstburg Ontario, and two senior management members, have been charged with engaging in an unfair business practice by making an unconscionable representation in contravention of Section 17 of the Consumer Protection Act, 2002 (CPA). The charges were laid by the Ontario Motor Vehicle Industry Council (OMVIC) as a result of a consumer complaint. The dealership is also charged with having an unregistered salesperson, in contravention of the Motor Vehicle Dealers Act (MVDA).
OMVIC's investigation revealed the dealership entered into a complicated vehicle purchase finance contract for over $80,000 with a vulnerable consumer who was unable to protect his own interests due to an inability to understand the language of the agreement; that the transaction was excessively one-sided in favour of the dealer; and that the consumer was subjected to undue pressure to enter into the transaction, in breach of the CPA.
In Ontario all dealers and salespersons must be registered with OMVIC and must abide by the Consumer Protection Act, the Motor Vehicle Dealers Act, the OMVIC Code of Ethics and other relevant statutes. This legislation provides Ontarians who buy from registered dealers with important protections. Private transactions are not covered by this consumer protection legislation.
Clarke Chevrolet Buick GMC Limited, James A. Clarke (Amherstburg) and Jesse Ryan Howell (Amherstburg) are scheduled to appear in Windsor Provincial Offences Court, June 18, 2012, at 9AM.
The Ontario Motor Vehicle Industry Council (OMVIC) regulates motor vehicle dealers in Ontario and enforces the Motor Vehicle Dealers Act (MVDA) on behalf of the Ministry of Consumer Services. OMVIC maintains a fair and informed vehicle sales marketplace by regulating dealers and salespersons, regularly inspecting Ontario's 8,000 dealerships and 24,000 salespeople, maintaining a complaint line for consumers and conducting investigations and prosecutions. OMVIC is also responsible for administering the Motor Vehicle Dealers Compensation Fund on behalf of its Board of Trustees.
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