ORLANDO — A car dealership is suing Ford Motor Company and Hyundai Motor American Corporation alleging violations of the Florida Dealer Protection Act.
Action Nissam, also known as Universal, is based in Orlando and operates successful Hyundai, Genesis and Nissan dealerships, according to a complaint filed in U.S. District Court for the Middle District of Florida.
William Nero, the owner, started in automotive retail in the 1980s and acquired 50% ownership of Universal Nissan in the late 1980s. By 2000, he became the sole owner. In 2018, Universal added the Genesis franchise. The dealerships consistently ranked among the largest volume dealers in the state and nation, according to the suit.
In 2023, Universal sought to purchase Paradise Ford, but Ford Motor Company denied the transfer based on sales projections provided by FMC employee Heather Strom.
FMC's rejection relied on the sales efficiency metric, and Nero argues this metric, used by Hyundai Motor America (HMA) as well, is unreasonable and unfair.
The plaintiff claims despite communication about low inventory levels, HMA allegedly failed to adjust sales efficiency calculations, as well.
Universal claims FMC's guidelines are unreasonable, focusing on a 12-month sales metric that overlooks profitability and service operations.
The lawsuit claims FMC's decision lacks uniform application and suggests a preference for existing Ford franchise operators, asserting discrimination against non-Ford operators.
The plaintiff is seeking an injunction restraining the defendants from enforcing the measurement in violation of Florida statutes. The plaintiff is represented by Nicholas A. Bader, Jason T. Allen, Jeremiah M. Hawkes and Andrew Thomas of Bass Sox Mercer in Tallahassee.
U.S. District Court for the Middle District of Florida case number: 6:23-cv-02189