Finance Company claims they have document proving consumers have title to vehicle, but dealer has been sued several times for not giving consumers their titles and floor planner is in possession of the title.
In 2012 Robert and Brittney Carter, who live in Kansas City, purchased a used car from MTS Auto Mall. The Carter’s never received the title, and after having no luck with the dealership the Carter’s complained to the finance company, Credit Acceptance Corporation. Credit Acceptance Corporation stated they must continue to pay on the car, even without having a title to the vehicle. The Carter’s continued to pay for 10 months on a car they did not legally own. They eventually sought the help of a Missouri Consumer Attorney who proceeded to file suit against MTS Auto Mall and Credit Acceptance Corp. During litigation Credit Acceptance Corp made statements to the Carter’s attorney that they were in possession of a document that the Carter’s had signed stating they received the title. In fact, the Carter’s were correct, the floor planner had the title all along, the only thing the Carter’s ever saw was a paper copy of the title, not the actual title. The Carter’s were not aware, but MTS Auto Mall had failed to deliver the title to many consumers over the years, and Credit Acceptance Corporation had previously been a co-defendant with MTS Auto Mall on at least one of those cases.
The attorney filed a Missouri Merchandising Practices Act case against the dealership and finance company.
If SB 5 were passed people like the Carter’s would not have access to these remedies.