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Report: #1433820

Complaint Review: DAYTONA TOYOTA - Florida

  • Submitted: Mon, March 12, 2018
  • Updated: Mon, March 12, 2018
  • Reported By: Ms. Fordham — Daytona Beach Florida United States
  • DAYTONA TOYOTA
    451 N Nova Rd
    , Florida
    United States

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I purchased a used car from Daytona Toyota on 2/3/2018. The salesman Charles Mallard III and the Finance Managers Todd Pierce and Michael Richards.  After reviewing loan documentation and requesting my credit application, I discovered the dealership falsified my credit application.  They created two versions of the same application.  One application was set up as a no documentation loan which did not require any income and the other was set up as a standard credit application with falsified customer data. The dealership falsified my income, expenses, length of residency, and time on the job.

The dealership led me to believe my credit rating was poor in order to justify charging me a predatory interest rate. I believe this was done because I am African American and a female. I called World Omni, who funded the loan,  to put them on notice my loan was fraudulent and they refused to cancel the loan.  World Omni refused to escalate my concerns up to their legal department for investigation.  I believe both Daytona Toyota and World Omni were both complicit in this crime.Stay way from these companies.

Also, the dealer did not show me the Buyer's Guide until after the contract was signed and the car was purchased.  The Buyer's Guide was not posted on the car in a conspicuous or visible place before the contract was signed.  The dealer ran a credit report to obtain my score before I even selected a car to test drive.  This practice is illegal.  The dealer is not timely giving customers all relevant disclosures.  I strongly advise, do not sign anything with this dealership for 72 hours.  Ask for them to print a Buyer's Order and if you are financing, ask for a copy of the complete retail installment contract so you can take it home and review it thoroughly.

Also, The dealer charged me $1,300 in processing fees claiming the charge related to inspection and the process necessary to get the car ready for sale.  Two weeks later, I discover the 2016 Kia Soul had a dealer recall which related to the steering system.  If the defect had not been repaired it could result in a crash or fatality.  I confronted the General Manager, Gib Dannehower on the practice of concealing open recalls of vehicles while charging excessing processing fee for inspection of the car.  Mr. Dannehower stated most cars are sold with known open recalls which are not disclosed to the public.  Mr. Dannehower's  comments revealed his Family delalership does not have a concern for public safety and is only concern about maximizing their profit. 

If you have experienced any type of predatory lending or deal fraud with your loan. Contact Government Authorities. Call the dealership and ask for a copy of your credit application to determine if they falsified your loan.  I have reported my concerns to law enforcement.  The FBI, Consumer Financial Protection Bureau and the Federal Trade Commission are very interested in cracking down on fraudulent loans and predatory loans by used car dealerships.

 

This report was posted on Ripoff Report on 03/12/2018 06:26 AM and is a permanent record located here: https://www.ripoffreport.com/reports/daytona-toyota/florida-32114/daytona-toyota-world-omni-financial-corp-southeast-toyota-daytona-toyota-falsified-custo-1433820. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Author of original report

3/21/2018 FOLLOW UP LETTER FROM FLORIDA ATTORNEY GENERAL PAM BONDI

AUTHOR: Edna - (United States)

From Florida Attorney General Pam Bondi   attorney.general@myfloridalegal.com     Dear Ms. Fordham:

Florida Attorney General Pam Bondi received your correspondence regarding the sales practices of Daytona Toyota. Attorney General Bondi asked that I respond.

We appreciate that you consider this office as a source of assistance. The Attorney General is concerned with all potentially unfair and deceptive trade practices. We are forwarding your complaint to the Attorney General's Consumer Protection Division for review.

Because the Florida Department of Highway Safety and Motor Vehicles (DHSMV) licenses motor vehicle dealers, we are forwarding your correspondence to that agency for review. You may contact the DHSMV at:

Florida Department of Highway Safety and Motor Vehicles
Customer Service Center: (850) 617-2000
Website: 
https://www.flhsmv.gov/safety-center/consumer-awareness/
Complaint Affidavit: 
http://www.flhsmv.gov/dmv/forms/bre/84901.pdf

We are also forwarding your correspondence to the Florida Office of Financial Regulation (OFR), which oversees financial institutions, including consumer lenders, in the state of Florida. You may follow up with the OFR at:


Florida Office of Financial Regulation
Phone: (850) 487-9687
Toll free in FL: (877) 693-5236
Website: 
http://www.flofr.com

At the federal level, you may also wish to contact the Consumer Financial Protection Bureau (CFPB), which reviews complaints about auto loans and other consumer finance issues. You may reach the CFPB by calling  (855) 411-2372 or online at https://www.consumerfinance.gov/ask-cfpb/category-auto-loans/

In addition, the investigation and prosecution of potential violations of criminal law are under the jurisdiction of either your local police or sheriff's department and elected state attorney. Those agencies operate independently and are not part of the Attorney General's Office. I note that you have filed a report with your local police department; if needed, you may contact the local state attorney's office at (386) 239-7710 or visithttp://www.sao7.com/. The Florida Bar also provides the following brochure explaining the difference between criminal and civil cases, which you may find helpful:

A Civil Case Or A Criminal Case?
https://www.floridabar.org/public/consumer/tip001/

You can also find helpful information about car purchases and financing issues online at: 

http://myfloridalegal.com/pages.nsf/Main/AFAD78F19594E962852581F50044919E
http://www.consumer.ftc.gov/topics/buying-owning-car

Finally, you may wish to bring a civil action through the courts for damages, attorney’s fees and court costs under Florida’s Deceptive and Unfair Trade Practices Act. Because our office is not at liberty to give legal guidance to individual consumers, if you need legal guidance, please consult a private attorney. The Florida Bar offers a Lawyer Referral Service toll-free at (800) 342-8011 or online at
https://www.floridabar.org/public/lrs/.

Thank you for contacting Attorney General Bondi's office. I hope this proves helpful. 

Sincerely,

Annette Simmons-Brown
Office of Citizen Services
Florida Attorney General's Office
PL-01, The Capitol
Tallahassee, Florida 32399-1050
Telephone: (850) 414-3990
Toll-free within Florida: (866) 966-7226
Website: 
www.myfloridalegal.com

PLEASE DO NOT REPLY TO THIS E-MAIL. THIS ADDRESS IS FOR PROCESSING ONLY.

To contact this office please visit the Attorney General's website at
www.myfloridalegal.com and complete the on-line contact form. For news on Attorney General Bondi's efforts to fight fraud, please click the following link and subscribe to the Attorney General's electronic newsletters:

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#2 Author of original report

FOLLOW UP WITH TOYOTA CUSTOMER EXPERIENCE DEPARTMENT. NOT MUCH HELP

AUTHOR: Ms. Fordham - (United States)

Pardon my oversight, I post on multiple consumer complaint sights, such as daytona - t o y o t a . p i s s e d c o n s u m e r . c o m / r e v i e w . h t m l

On March 18, 2018, I posted the following:

I have called Toyota's Customer Experience line.The Rep was courteous and forwarded my complaint to Daytona Toyota.

However, Daytona Toyota (451N. NOVA ROAD) never called me within the 2 days timeframe. I ended up emailing the General Manager. I asked Daytona Toyota for the name of the corporate attorney but Finance Managers Todd Pierce and James Marten did not provide me his name.

Just last week, the General Manager finally gave me the Attorneys name after my numerous emails to him. I am advising the public to complete your credit application online and make a copy for your records. DO NOT allow anyone at Daytona Toyota to process your application. Ask for a copy before they submit it through ROUTE one.

Salesman Charles "CJ" Mallard III, Financial Managers Todd Pierce, Michael Richards and James Martens are pushing through credit applications using fraudulent information. The dealership is able change your information on the first page, without your knowledge after you have signed the credit application. Although World Omni was advised before funding of their illegal practices, they refused to cancel the contract. Also, demand Finance Managers to print out the Buyer's Order and Retail Installment Contract BEFORE YOU SIGN.

Daytona Toyota is using partial digital technology. They are able to control everything you see , line by line and skip over significant disclosures in the contract by viewing it electronically. The finance manager Todd Pierece uses a flip screen, which makes it difficult for the customer to review the document in its entirety. I personally would not do business with Daytona Toyota.

Go to Orlando or another dealership.You have personnel at Daytona Toyota willing to risk going to prison by committing wire and bank fraud just to make a commission.That should tell you to AVOID THEM LIKE A PLAGUE.

I purchased a Kia, so the Toyota Customer Experience line wasn't able to do much other than forward the complaint to the dealership.  The dealership has the option to respond or ignore the complaint. I don't intend to share ALL THE DETAILS of my complaint.  But I do plan to post a complaint to the Better Business Burea in the near future.  It's up to the dealership as to whether or not they will respond publicly.  

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#3 Consumer Comment

Follow Up

AUTHOR: Robert - (United States)

On 3/14 you stated the following...

Win, lose or draw, I plan to report the outcome.

and

I have been advised Daytona Toyota has 2 to 3 days to call me directly on this issue.

It has now been a week. Did they follow up? Did you get it resolved, or was the end result closer to what I stated would happen?

Just a few other comments.  If you spent just a fraction of the time with research on this site, you would see that it is standard that when someone doesn't like what is said and has nothing to defend it, they accuse the person of working for the company.  Contrary to your thought.  Neither me or the other poster work for this company.  If we go down that road, we could say that with your lack of specifics and generalities you are just a competitor.

You continue to say you won't reveal your legal strategy.  Yet some of the comments you have made, do the exact opposite.  Such as accusing them of discrimination.  But what you have been asked and refused to answer is specific questions about YOUR situation that you refuse to answer.  From that people are going to infer what they infer.  The only way answers to specific questions about your situation would affect your "stragegy" is if you make false statements and the other side uses them if you ever take it to court.  

We don't even know what Interest rate you got, what was your "credit score", how much you financed, the length of the loan, or did you put any down on the car.  We have no idea what the differece was between what your length of employement was and what was put on the form.  

Anyways I don't expect you to respond or answer the specific questions as if you haven't until this point I don't expect anything to change. These were just comments for something to think about. So good luck in what ever you decide to pursue.

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#4 Author of original report

DEALERSHIP PERSONNEL CAN BE CONVICTED OF WIRE AND BANK FRAUD FOR FALSIFYING AND TRANSMITTING FALSE CREDIT APPLICATIONS

AUTHOR: Ms. Fordham - (United States)

My final conversation with you on this issue.  Dealership Fraud is a problem because the industry has very little regulation. Personnel can be convicted with stiff sentences for falsifying information of documentation readily available to be validated.  Finance Companies hold Dealerships responsible for performing their own due diligence and not engaging in unethical practices to make profit and sales quotas. 

To any new salesman or finance manager working for a dealership I strongly advise you to do things by the book at all times.  Because sooner or later, your actions will catch up with you.  I am absolutely certain Daytona Toyota did not validate any of the information offered them including a simple driver's license. 

The salesman and Finance managers involved had one agenda.  To exploit an African American woman and to make as much money possible, even if it meant committing wire fraud.  FINAL WARNING... The sales and finance personnel CAN NOT BE TRUSTED.  Never allow them to touch your application.  Get financed outside of the dealership. 

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#5 Author of original report

DEALERSHIP PERSONNEL HIDING BEHIND FALSE IDS to COMMENT ON FRAUD PERPETUATED

AUTHOR: Edna - (United States)

Please identify yourself since you claim to have proprietary information concerning the details of my car loan which is considered confidential information.  Dealerships falsifying information is not anything new in the Auto Industry and it's clear Personnel at Daytona Toyota is very experienced in exploiting unsuspecting consumers but especially African Americans considering the fact, the USED CAR DEALERSHIP is located in the HEART OF THE AFRICAN AMERICAN COMMUNITY and not in a posh neighborhood on LPGA or Ormond Beach. 

 Your crime is not as sophisticated as you think. Applications can be changed at the click of a mouse with tools such as Adobe REDACTION or simple white out, type in false information and copy.  The internet is full of stories how ex employees have been able to scam consumers. Please again, I ask you to identify your "cowardly" self.  At least you know my name but I'm not afraid for it to be known and to stand by my claim.  Your time is up in Daytona Beach defrauding customers and you will be held accountable for your actions in the proper forum.

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#6 Consumer Comment

Your False Fantasy of Fraud

AUTHOR: coast - (United States)

We have determined that you signed a credit application containing false information. We have also determined that the dealer did not alter the credit application. Your claim of discriminatory lending practices is actually a classic case of buyer’s remorse.

“… giving dealerships ‘unlimited’ discretion to charge mark up rates which are directly tied to financial compensation is a formula for fraud”

That outrageous claim will create an outburst of laughter in any public forum. You appear to be unaware of something called profit. We don’t have price controls in this country so a merchant has the right to sell their goods and services at any price they choose.

“I plan to make this public to make the parties involved held accountable for their actions.”

That includes YOUR accountability for signing the credit application and payment agreement.

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#7 Author of original report

Updates To Public Are Important To Keep Pressure on Auto Dealer Daytona Toyota Until Resolved

AUTHOR: Ms. Fordham - (United States)

I appreciate your interest in my posting. One would think I'm the FIRST to ever complain about Daytona Toyota.  Please check again.  The Finance Manager Michael Richards has been mentioned on this website as being dishonest.  But don't take my word on it.   Do your own research. If my posting is able steer one person to another dealership or avoid the parties I've listed in my complaint, I consider a very important objective has been accomplished.  History has proven, when DEALER FRAUD is committed, it's because they've gotten away with it before.  Most people don't understand the underwriting standards and process for granting loans, and giving dealerships "unlimited" discretion to charge mark up rates which are directly tied to financial compensation is a formula for fraud and provides enormous INCENTIVES for disccriminatory lending practices.  Regardless of outcome,  I plan to make this public to make the parties involved held accountable for their actions.  Hoping authorities will agree with the evidence and seek criminal prosecution which is my main goal.  If they are locked up in federal prison...doing time.... we don't have to worry about them harming or injuring other unsuspecting consumers.

I do have legal recourse regarding my case, so I remain optimistic as to a favorable outdome.  As always, there's always a chance nothing will be done, but I think the evidence is strong enough and in my favor to expect a favorable outcome.  Of course, it's never smart to lay all your cards on the table (discuss legal strategy) on the internet.  Use the services of effective legal counsel to protect your interest.  Win, lose or draw, I plan to report the outcome.  Thanks for taking an interest in my post!  

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#8 Consumer Comment

Please

AUTHOR: Robert - (United States)

Yes please keep us informed, and I hope you do even if it isn't the outcome you wanted.

Once I reported all the facts, to the Toyota Customer Experience Representative he clearly understood all the issues.
- Of course he understood because you gave him all YOUR facts.  He didn't have to do anything more than submit a request for the Dealer to call you. Which is
exactly what he did.  He probably gave you a bunch of "Oh I'm sorry", and "Yea that doesn't seem right", perhaps even a "Yea I see your point".

But anything is possible.  It is possible that by some chance they may actually just cancel the deal. If so, congratulations you got what it seems you wanted.  

However, you need to be prepared if it doesn't go that way.  Because instead this is what MOST LIKELY will happen.  The dealer may call you, they may "try" to make it right. You will probably go back and forth for a couple of days. You may have hints that they may be finally seeing it "your way".  But in the end come this time next week nothing will have really changed, especially in terms of the actual deal or your oblgiation. You will call the "Customer Experience Center" again to try and escalate it and they will inform you that the dealer is independent and as such they have no control over what the dealer does.

Also, you can continue to post information on OTHER fraud cases from years ago.  But none of those are relevant to YOURS.  You need to show fraud in YOUR case.  You have failed to answer any of the direct questions asked about YOUR case, so we really have no idea what the full situation was.

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#9 Author of original report

Toyota to pay $21.9 million to settle bias case in 2016 ....Some Dealerships are ignoring DOJ consent order

AUTHOR: Ms. Fordham - (United States)

Consumers please read article to understand how prevalent predatory lending practices are.  Toyota Mortor Corporations among other car manufacturers /dealerships have been prosecuted by the US Department of Justice for Discriminatory Lending Practices and Liar Loans.  

https://www.cnbc.com/2016/02/03/toyota-to-pay-219-million-to-black-asian-borrowers-in-bias-case.html

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#10 Author of original report

SOUTHEAST TOYOTA CUSTOMER EXPERIENCE RESPONSE

AUTHOR: Ms. Fordham - (United States)

I am pleased to report that I spoke to a representative at Southeast Toyota Customer Experience Headquarters.  A case number has been assigned to my complaint.  I have been advised Daytona Toyota has 2 to 3 days to call me directly on this issue. Once I reported all the facts, to the Toyota Customer Experience Representative he clearly understood all the issues.

  Another resource to report fraud involving  Auto Dealer Finance is the Florida Office of  Financial Regulation.  Please refer to the following link and download application:  https://www.flofr.com.  Also, I have attached for your convenience the complaint form.



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#11 Consumer Comment

Dodging Questions

AUTHOR: coast - (United States)

The example you provided is about employees at an auto dealership that altered loan applications. That certainly is fraud. Is it YOUR claim that YOUR application was altered AFTER you signed it? I don’t recall that claim in your report but perhaps I missed it.

You wrote, “There are many cases of dealerships falsifying customer credit applications after a customer has signed.” Those cases are not relevant. The above quote does not answer my question. You evaded my question, “Did you sign the falsified credit application?” I wonder if you will evade my second question as well.

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#12 Author of original report

CONSUMERS KEEP POSTING AND SHARING YOUR STORIES

AUTHOR: Ms. Fordham - (United States)

My primary goal is to put the public on notice that there are dishonest personnel working at Daytona Toyota.  If there are enough consumers complaining about the same company, it can cause governmental authorities to investigate legitimate concerns.  In terms of contract dispute, it is advisable to secure legal counsel and not listen to "internet" attorneys to work out such details. 

Exhaust all governmental agencies available and file a formal complaint so there can be a record of the complaint.  Consumers have many avenues to resolve disputes.  It's important to determine the right avenue for you and not let people who are not impacted by your misfortunate dissuade you from doing so.

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#13 Consumer Comment

Comments

AUTHOR: Robert - (United States)

You seem to be putting most of your eggs into the "They changed my application" basket.  But even if everything you say is true, the car and loan are still probably going to end up being your responsibility.

There were several mis-statements you made in your original post, that is too much to go into item by item.  But just on the information that was "changed". NONE of that information appears in your credit report or used to determine your credit score.  If you have a low score it is because of your past credit history such as your payment history, your credit card balances, and even any collection accounts you may have had.

When it came time to sign the contract did you review the Amount Financed? Did you review the Interest Rate? Did you review the Monthly Payment? Did you review the length of the loan? Did you agree to all of that? If you did not then why did you sign?  As once you sign you are stating you agree to those terms and the car is yours.

The finance company has loaned you money under certain terms. Now, if you later give them the "correct" information and they tell you it doesn't matter...it is THEIR money on the line.  If they are still willing to fund the loan with the same terms, you are still obligated to pay per the terms because YOU agreed to them.   To get out of it you would have to prove that the information changed was somehow an integral part of their approval for the rate and terms, but since those primarily come from your credit score(which was not affected by these changes), AND they are still willing to loan you the money you are going to have an uphill battle. 

As for the Recall.  There is no law that says a dealer needs to disclose it, and nothing you showed here proves they knew it. As we don't know what the "inspection" includes. Hoever, even if they should have disclosed it, their failure won't result in cancelling of the deal.  At most they would be required to have the recall taken care of, and if you had any extra expense(such as a rental car), they would be responsible for it.

By the way if you don't like "Internet Attornies", why not go see a real one.  I don't claim to be an attorney, and I am going to say that nothing I am telling you should be taken as Legal advice. Byut that doesn't mean that it isn't correct or something you don't need to consider.

Good Luck..

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#14 Author of original report

BEST TO GET A QUALIFIED ATTORNEY TO RECEIVE ADVICE ON VARIOUS DEALER FRAUD SCHEMES

AUTHOR: Edna - (United States)

I don't believe in Internet Attorneys.  There are many cases of dealerships falsifying customer credit applications after a customer has signed. Unfortunately, for some customers they never discover the deception until they default on the loan.  Here's a perfect example of what I'm referring to. 

http://www.georgiaconsumerlawyer.com/consumer-lawyers/falsifying-credit-information-crime/

Signing a fraudulent application will not prevent a customer from being released from the contract by the Finance Company, if they can prove the Dealer committed fraud against the Finance Company, which I can clearly do in my case.  Dealers use various systems to process credit applications. Many use "Route One" which is an electronic system that uses one application sent to dozens of creditors at one time. 

The applicant's signature is not always on the first page of the document which gives the Dealer the "opportunity" to obtain the applicant's signature and change the data on the first page of the credit application,  without the applicant ever knowing.  I encourage consumers to file a police report and report the matter to the Consumer financial protection bureau and the Federal Trade Commission.  If thee entiities see a pattern they can file a class action lawsuit.  However, the most direct response should be to seek the counsel of an attorney to get immediate action and relief from the loan if you wish to get out of the contract.


https://www.justice.gov/usao-ndal/pr/two-serra-nissan-managers-and-three-salesmen-charged-loan-fraud-conspiracy

 

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#15 Consumer Comment

This is the question

AUTHOR: coast - (United States)

Did you sign the falsified credit application?

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#16 Author of original report

USED CAR DEALER'S RESPONSIBILITY FOR TRUTH IN LENDING

AUTHOR: Ms. Fordham - (United States)

Thank you for your comments.  Buying a used car is an educational process.  You are correct that Used Car Dealers are not responsible for making truthful disclosures or they naturally would and there wouldn't be so many lawsuits.  I definitely know I have a valid claim for Fraud.  I have already filed a police report.  Governmental agencies have the authority to prosecute auto dealers on a number of violations of law, not limited to fraud.  I believe this is a systemic and discriminatory practice in Daytona Beach against, women and minorities. 

Dealer's have a responsibility not to use deceptive and unfair practices.  Dealers have a responsibility to submit truthful, complete and accurate inforamation to prospective financial institutions.  Dealers can not alter customer's data to suit own personal agenda.  It is illegal to falsify customer financial data, submit it to other unsuspecting financial institutions.  This is called bank and wire fraud.  

This goes beyond buyer's remorse.  Statistical data supports Dealers are more likely to charge African Americans a higher mark up rate than white americans for the same loan with similar credit scores.  The used car industry as a whole, is not adequately regulated and with arbitration agreements that strip average citizens of their constitutional rights, they have exploited the general public, when and wherever possible.  

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#17 Consumer Comment

You may want to re-evaluate your complaint

AUTHOR: coast - (United States)

Used car dealers are not required to process vehicle safety recalls. Your dissatisfaction with any disclosed fees and the interest rate is a case of buyer’s remorse.

There is nothing unlawful about processing a submitted credit application. Law enforcement cannot help you with your complaints but they may take interest in a falsified credit application that contains your signature.

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