Capital One suit claims Miami car dealership misrepresented vehicle purchases

By Kyla Asbury | Jul 2, 2018

MIAMI – Capital One is suing Metro Ford for misrepresentations made when borrowers purchased vehicles from the Miami car dealership.

MIAMI – Capital One is suing Metro Ford for misrepresentations made when borrowers purchased vehicles from the Miami car dealership.

Capital One performed a review and audit of receivables from Metro Ford and discovered that there were three transactions where Metro had misrepresented facts, including down payment misrepresentation in two of the receivables and power-booking misrepresentation in the other.

In its lawsuit filed on June 14 in the U.S. District Court for the Southern District of Florida, Capital One claims that Metro Ford misrepresented that a borrower had made a cash down payment of $6,500 when they had paid $3,000 using a credit card.

In one of the other receivables, Metro Ford allegedly misrepresented that a borrower made a $6,000 cash down payment when that borrower had made a $4,000 down payment when they purchased a vehicle and later made a $3,000 down payment, the filing said.

The third issue involved Metro Ford allegedly misrepresenting that a borrower had made a $700 down payment when they had made a $1,000 down payment. Options on the vehicle were also misrepresented.

Capital One demanded that Metro Ford repurchase the three receivables, but the dealership would not agree to repurchase them, the suit said.

Capital One said it suffered damages due to Metro Ford's actions and misrepresentations and suffered indebtedness due to Metro Ford's actions.

Metro Ford was unjustly enriched at Capital One's expense, according to the suit.

Capital One claims Metro Ford violated Florida's Deceptive and Unfair Trade Practices Act, the Federal Trade Commission Act and the Truth in Lending Act, among other violations.

Capital One is suing Metro Ford for fraudulent misrepresentation; breach of representation, warranty and covenant; negligent misrepresentation; breach of contract; and unjust enrichment.

Capital One is seeking compensatory and punitive damages. It is represented by Emily Y. Rottmann, Sara F. Holladay-Tobias and Phillip C. Chang of McGuire Woods.

U.S. District Court for the Southern District of Florida, Case No. 1:18-cv-22390

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