NJ Superior Court Ocean County Special Civil Case No. OCN DC-010326-12 Complaint - Summary
Hyundai Motors advertises nationally a $199 per month, 36 month lease with approximately $3,000 down for the exact car that the Plaintiff has leased. Its agent, a dealership, stated that to receive the advertised $199 per month lease the plaintiff would have to put down the balance of his Santa Fe trade-in ($7,000). This was not stated in Hyundai Motors tri-state advertisements in print, radio or TV commercials; it has been acknowledged by defendants that a trade in down payment is not a requirement. Said ads will be demanded as part of discovery. Exhibit A and B are examples of the nationally advertised $199.00 lease program by defendants.
The plaintiff is being charged $325 per month for 48 months representing a $7500 overcharge from the advertised lease by defendants. The plaintiff was able to receive a $2,000 refund from their agent. Plaintiff is now seeking a $5500 refund or adjustment to the lease representing the balance of damages over the remaining lease term.
The history of this case will show that Hyundai Motors acknowledges the overcharge, in fact, attempting to intercede on the plaintiffs behalf to correct the terms and conditions of the lease (details attached). As this lease has been assigned to Hyundai Lease Titling, having accepted what they understand, by their actions (contacting their agent to modify the terms) to be an illegal lease agreement. That being the case, defendants have the responsibility to take corrective action against its agent; as they previously indicated they would until their lawyers recently got involved. Plaintiff is seeking a judgment of $5500 from the defendants plus $200 for cost of suing.
UPDATE: Case may be moved to a higher Court to include alligations of consumer fraud and seeking triple damages.
Note: Hyundai Motors America today is advertising the lease on the exact same model for $159.00 per month for 3 months with less money down. Im paying $325 a month for 48 months. A major rip off!