Since the Dilly, Dally, Delay & Stall Law Firms are adding their billable hours, the Toyota U.S.A. and Route 44 Toyota posts have been separated here:

Route 44 Toyota Sold Me A Lemon

Saturday, March 16, 2013

Route 44 Toyota Threatens SLAPP Suit!

In order to understand the actions of Route 44 Toyota and their Dilly, Dally, Delay & Stall attorney, Dan Viera, it's necessary to define the tactic.

Here's what SLAPP is --

Strategic lawsuit against public participation

A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.[1]

It's important to remember that my Brand New Toyota with NO BRAKES is sitting on the property of Route 44 Toyota because they refused to repair or replace it.

How can I drive a car with NO BRAKES???

Was this supposed to be magic?

If I killed your child because Route 44 Toyota refused to repair my Brand New Car, how forgiving would you be?

As if that were not discouraging enough, I recently discovered that Route 44 Toyota had illegally accessed my credit information, yet I never applied for credit.

Dealerrater offers an internet site that allows consumers to post their experiences.
Route 44  Toyota is here:

There is a time-delay during which the dealership has an opportunity to resolve a 'consumer dispute.'

In my case, Route 44 Toyota has had the better part of a year to resolve this matter.

This is what was written, but not yet posted:

In April 2012, we purchased a Toyota Prius from this dealership and paid for the vehicle in full.
Big Mistake!

Within 1 month, with 600 miles on the odometer, we had 3 problems that Route 44 Toyota refused to correct.

The first problem was when the vehicle transitioned from battery to engine, there was such a significant impact, it seemed as if the vehicle had been struck in the rear.

The last 2 problems were NO BRAKES!
The BRAKE Pedal traveled to the floor and the dashboard warning light came on.
There were NO BRAKES!
I demonstrated this to the Route 44 Technician sitting in the passenger seat REPEATEDLY!
We never left the property of Route 44 Toyota.

With NO BRAKES, how could I drive the vehicle?
It was left on the property of Route 44 Toyota.

We recently discovered that when Route 44 Toyota obtained my personal information on the day I paid for the vehicle, they ILLEGALLY accessed my credit report. I did NOT apply for credit and did NOT sign a credit application.

When they finally discovered my vehicle on their property with no licenses plates on it [because I had turned them in], they again ILLEGALLY accessed my credit report.

In addition, on that same day, they ILLEGALLY accessed the credit report of a disinterested Third Party whose name is NOT on the Title of the vehicle.

[When they discovered my vehicle on their property, suit had been filed and they had been formally notified, yet failed to cease contacting me.]

In other words, they obtained credit information ILLEGALLY 3 TIMES!

Posted on the RipOff Report is another incident of them doing the same thing to another customer.

This is in violation of the Fair Credit Reporting Act - a federal law.

Posted on the NHTSA web site are 30 complaints about Toyota Prius brakes, 7 of which have caused accidents.

In December 2012, a Petition for Defect Investigation was filed with NHTSA.

The attorney representing Route 44 Toyota is known for his refusal to settle matters, even when he is aware that he will lose, so we expect to be forced to go to trial in this case.

The attorney representing Toyota is much the same.

So my vehicle with NO BRAKES sits and sits.

The Dilly, Dally, Delay & Stall attorney representing Route 44 Toyota has the unfortunate reputation of not reasonably settling cases....Yes! He represents his clients' best interest by delaying any reasonable settlement, but not mine or the consumer with a problem.
When the issue of the illegal credit access first arose, Dan Viera and his client were put on notice, as was Credco, the service to which they subscribe.
In response to my complaint filed with CFPB [Consumer Financial Protection Bureau], Credco responded:
Our investigation into this matter determined that [complainant's] credit report was ordered by our client, Route 44, on or about April 23, 2012 and October 11, 2012, respectively.  In order to obtain these credit reports on [complainant], Route 44 represented to us each time that it had a permissible purpose to do so.  After receipt of this complaint, Credco contacted Route 44 and confirmed the certification of permissible purpose.   The address and telephone number for Route 44 is as follows:
Route 44 Toyota
1094 New State Hwy.
Raynham, MA  02767
Phone: 508-824-4044

That's puzzling! Credco claims Route 44 Toyota has a 'permissible' reason to access credit information when neither of us traveled to the dealership or applied for credit?
This is soooo boring! 'Permissable reasons' are spelled out in the law.  
Dan Viera, attorney for Route 44 Toyota indicated, here comes the SLAPP threat:
"I am not at liberty to discuss with you in detail why those claims are both false. I suspect that you will amend your complaint regardless of what the facts may be but let me simply tell you that the dealership can only obtain a credit report from a customer or potential customer who has provided their social security number. That information is not collected as part of the test drive of a motor vehicle."
"In that regard, your client has recently made a post on an online website referred to as Apparently, that web site is used in an attempt to resolve disputes between automobile dealers and consumers by allowing the consumer to post information and providing the dealership with an opportunity to respond before the post becomes official.....In it [the complainant] claims that the dealership "illegally" accessed her credit report. Accusing the dealership of engaging in illegal activity is libel per se. My client does not take these matters lightly and I would suggest that you communicate with your client to cease and desist from these types of tactics. They will not serve to resolve her case but do expose her to potential liability. Your client is represented by counsel and has a pending lawsuit. She should let you do your job."! There's a reason, but we can't disclose it??

Ahhh...maybe they figured out I was a terrorist.....Please guys! Let's grow up and behave like adults!

You were wrong! It's time to remove the illegal inquiries on the reports of both parties and move on.

You refused to address a defective vehicle with NO BRAKES!
It needs to be repaired or replaced. Simple!

Life has changed, folks!

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