Seventy-seven-year-old Audrey McKnight hands out samples at a West Des Moines grocery store a few days a week. It helps her make ends meet and it gives customers the opportunity to taste-test a product before feeding it to their family.
It's not unlike test-driving a car. But when Audrey visited the Holmes Hyundai dealership in Clive in October, she says her experience was nothing like sampling food at the supermarket.
"I just needed an oil change and whatever they do for a service job," says Audrey.
While waiting for service, Audrey says a salesperson approached her.
"She says, 'Let's go across the street and look at this car I got over here.' I said, well I'm really not interested in buying a car."
Meanwhile, according to a complaint filed with the Iowa Attorney General's Office, a sales manager was already checking Audrey's credit rating and inquiring about the payoff on her current car, which totaled more than $7,600.
"When he told me that, I says if I owe two more years on my car I know I cannot afford to buy a car, because I can't make higher payments."
Audrey says the salesperson suggested she stop paying her Medicare, supplemental insurance in order to afford the car.
"I said no, I can't do that as old as I'm getting."
Eight hours after dropping off her 2006 Hyundai for servicing, Audrey insisted on taking it home. According to the complaint, the Holmes staff insisted Audrey take home a 2008 Hyundai, with the understanding she could bring it back if she did not want it.
"Finally, he got me to sign a paper and said, 'Just take the car home and try it.'" Audrey says, "I thought I was just signing to take the care for a drive."
The following day, when Audrey tried to return it, she says Holmes Hyundai refused to take it. Not only did Audrey now have a car she did not want, she says Holmes Hyundai refused to return her old car. She says they told her they'd already purchased her loan, made repairs and did not know where the car was located.
We tried to get Holmes Hyundai to comment, but the general manager refused, citing a lawsuit filed by Audrey. It is one of the first, filed under the Consumer Protection Act, which took affect July 1.
"You're not trying to prove a crime," says Bill Brauch, Director of the A.G.'s Consumer Protection Division. "You're trying to prove you've been a victim of civil fraud and that is a different standard, and it should be."
Brauch says the Act allows consumers to take private action against businesses involved in fraudulent activity, "This is for consumers who have what we call an ascertainable loss of money or property."
Consumers can file suit for any loss. There is no maximum or minimum dollar amount. They can re-coop attorney's fees as well as punitive damages up to three times the actual damages.
"Unfortunately, bad companies sometimes trick people and they get them to sign contracts through that trickery, but the law is there to protect you," says Brauch.
Audrey feels Holmes Hyundai is one of those companies. She hopes the new law and her lawsuit forces Holmes to change its ways.
"I'd like to have them taken care of, so they don't do this to anybody else."
It's not unlike test-driving a car. But when Audrey visited the Holmes Hyundai dealership in Clive in October, she says her experience was nothing like sampling food at the supermarket.
"I just needed an oil change and whatever they do for a service job," says Audrey.
While waiting for service, Audrey says a salesperson approached her.
"She says, 'Let's go across the street and look at this car I got over here.' I said, well I'm really not interested in buying a car."
Meanwhile, according to a complaint filed with the Iowa Attorney General's Office, a sales manager was already checking Audrey's credit rating and inquiring about the payoff on her current car, which totaled more than $7,600.
"When he told me that, I says if I owe two more years on my car I know I cannot afford to buy a car, because I can't make higher payments."
Audrey says the salesperson suggested she stop paying her Medicare, supplemental insurance in order to afford the car.
"I said no, I can't do that as old as I'm getting."
Eight hours after dropping off her 2006 Hyundai for servicing, Audrey insisted on taking it home. According to the complaint, the Holmes staff insisted Audrey take home a 2008 Hyundai, with the understanding she could bring it back if she did not want it.
"Finally, he got me to sign a paper and said, 'Just take the car home and try it.'" Audrey says, "I thought I was just signing to take the care for a drive."
The following day, when Audrey tried to return it, she says Holmes Hyundai refused to take it. Not only did Audrey now have a car she did not want, she says Holmes Hyundai refused to return her old car. She says they told her they'd already purchased her loan, made repairs and did not know where the car was located.
We tried to get Holmes Hyundai to comment, but the general manager refused, citing a lawsuit filed by Audrey. It is one of the first, filed under the Consumer Protection Act, which took affect July 1.
"You're not trying to prove a crime," says Bill Brauch, Director of the A.G.'s Consumer Protection Division. "You're trying to prove you've been a victim of civil fraud and that is a different standard, and it should be."
Brauch says the Act allows consumers to take private action against businesses involved in fraudulent activity, "This is for consumers who have what we call an ascertainable loss of money or property."
Consumers can file suit for any loss. There is no maximum or minimum dollar amount. They can re-coop attorney's fees as well as punitive damages up to three times the actual damages.
"Unfortunately, bad companies sometimes trick people and they get them to sign contracts through that trickery, but the law is there to protect you," says Brauch.
Audrey feels Holmes Hyundai is one of those companies. She hopes the new law and her lawsuit forces Holmes to change its ways.
"I'd like to have them taken care of, so they don't do this to anybody else."
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