If you paid for Ernie Haire Ford’s Vehicle Theft Registration with your purchase
of a new or used automobile from Ernie Haire Ford, in Florida on or after August 30, 1998,
a class action lawsuit may affect your rights.
Summary of the Lawsuit
Moira Gilley v. Ernie Haire Ford, Inc. (the
“Lawsuit”), Case Number 02-8101, Division I, was filed in the Thirteenth Judicial
Circuit in and for Hillsborough County, Florida.
In the Lawsuit, the Plaintiff alleges that as a result of Ernie Haire Ford’s conduct,
individuals who purchased Vehicle Theft Registrations were mislead and overcharged
for the purchase of that product, in violation of specific state regulations and
statutes. Ernie Haire Ford denies these allegations.
The Court has allowed the Lawsuit to be a class action on behalf of all purchasers
of Ernie Haire Ford’s Vehicle Theft Registration on or after August 30, 1998.
The Court has not decided whether Ernie Haire Ford did anything wrong. There is
no money available now, and no guarantee there will be. However, Class Members’
legal rights are affected, and they have to decide now whether to stay in the Lawsuit
or to exclude themselves.
Class Definition
The Court has decided that you are a member of the Class if you fall into the following
class or subclass definitions:
The Class includes all persons who on or
after August 30, 1998, purchased or leased from an Ernie Haire Ford dealership
in the State of Florida a vehicle that included an APC Etch Product as part of the
transaction.
The RISA Subclass includes all persons who
on or after August 30, 1998, purchased from an Ernie Haire Ford dealership
in the State of Florida a vehicle that included an APC Etch Product as part of the
transaction, and financed that purchase by initially entering into a retail installment
sales contract with Ernie Haire Ford, in which Ernie Haire Ford: (1) failed to clearly
and conspicuously make accurate disclosures in writing, in a form that the consumer
may keep, prior to the consummation of the credit transaction pursuant to Florida
Statutes, section 520.07(2), as a result of including the cost of the APC Etch
Product in the amount financed instead of the finance charge without providing the
necessary TILA and Regulation Z disclosures; and/or (2) failed to identify and itemize
the cost of the APC Etch Product in accordance with Florida Statutes, section 520.07(3)(d).
Claims of the Lawsuit
In the Lawsuit, the Plaintiff claims that as a result of Ernie Haire Ford’s conduct,
individuals who purchased Vehicle Theft Registrations were mislead and overcharged
for the purchase of that product, in violation of specific state regulations and
statutes.
The Defendant Ernie Haire Ford denies the claims and allegations. Ernie Haire Ford
specifically denies that it did anything wrong with regard to its sale of Vehicle
Theft Registration.
The Court has not decided whether Ernie Haire Ford or the Plaintiffs are correct.
By establishing the Class and issuing this Notice, the Court is not suggesting that
the Plaintiffs will win or lose this Case. The Plaintiff must prove her claims at
a trial to be set by the Court. See “The Trial” below.
The Plaintiff is asking that Class Members be fully reimbursed for any expenditures
and interest they paid for Ernie Haire Ford’s Vehicle Theft Registration. In addition,
Plaintiff is seeking statutory penalties, damages, and reasonable attorneys’ fees
and costs.
If the Plaintiff loses her Florida Deceptive and Unfair Trade Practices Act claim,
Ernie Haire Ford intends to seek to recover from the Class its attorneys’ fees and
costs for defending that claim.
No money or benefits are available now because the Court has not yet decided whether
Ernie Haire Ford did anything wrong, and the two sides have not settled the Case.
There is no guarantee that money or benefits will be obtained. If they are, Class
Members will be notified about how to ask for a share.
Class Members’ Rights and Options
Class Members do not have to do anything now to keep the possibility of getting
money or benefits from this Lawsuit. By doing nothing Class Members are staying
in the Class. If Class Members stay in and the Plaintiffs obtain money or benefits,
either as a result of the trial or a settlement, they will be notified about how
to apply for a share (or how to ask to be excluded from any settlement). Keep in
mind that if Class Members do nothing now, regardless of whether the Plaintiffs
win or lose the trial, they will not be able to sue, or continue to sue, Ernie Haire
Ford—as part of any other lawsuit—about the same legal claims that are the subject
of this Lawsuit. This means that if Class Members do nothing, they will be legally
bound by all of the Orders the Court issues and judgments the Court makes in this
Class Action.
If Class Members already have, or are contemplating their own lawsuit against Ernie
Haire Ford and want to continue with it, Class Members need to ask to be excluded
from the Class. If Class Members exclude themselves from the Class—which also means
to be removed from the Class, and is sometimes called “opting-out” of the Class—they
will not get any money or benefits from this Lawsuit even if the Plaintiffs obtain
them as a result of the trial or from any settlement (that may or may not be reached)
between Ernie Haire Ford and the Plaintiff. However, Class Members may then be able
to sue or continue to sue Ernie Haire Ford for any of these allegations that occurred
or occur at any time. If Class Members are excluded, they will not be legally bound
by the Court’s judgments in the Class Action.
If Class Members start their own lawsuit against Ernie Haire Ford after they are
excluded, they will have to hire and pay their own lawyer for that lawsuit, and
will have to prove their claims. If Class Members exclude themselves so they can
start or continue their own lawsuit against Ernie Haire Ford, they should talk to
their own lawyer soon, because their claims may be subject to a statute of limitations.
To ask to be excluded, Class Members must send an “Exclusion Request” in the form
of a letter sent by mail, stating that they want to be excluded from
Gilley v. Ernie Haire Ford, Inc. Exclusion Requests must include the
Class Member’s name and address, and it must be signed by the C Exclusion Requests must include the
Class Member’s name and address, and it must be signed by the Class Member.
Exclusion Requests must be mailed and postmarked on or before the 30th day after
Notices are mailed to the Class, to: Gilley v. Ernie Haire Ford, Class Action
Administrator - EXCLUSIONS, c/o A.B. Data, Ltd., PO Box 170200, Milwaukee, WI
53217.
Class Members may also get an
The Lawyers in this Case
The Court decided that the law firms of Clark & Martino, P.A. of Tampa, Florida,
and Craig E. Rothburd, P.A., of Tampa, Florida, along with other law firms, are
qualified to represent all Class Members. Together the law firms are called “Class
Counsel.” Class Members do not need to hire their own lawyers because Class Counsel
is working on their behalf. But, if Class Members want their own lawyers, they will
have to pay that lawyer. For example, Class Members can ask him or her to appear
in Court for them if they want someone other than Class Counsel to speak for them.
Class Counsel is experienced in handling similar cases against other companies.
More information can be obtained about these law firms, their practices, and their
lawyers’ experience by contacting the following Lead Class Counsel:
If Class Counsel gets money or benefits for the Class, they may ask the Court for
fees and expenses. Class Members will not have to pay these fees and expenses. If
the Court grants Class Counsels’ request, the fees and expenses would be either
deducted from any money obtained for the Class or paid separately by Ernie Haire
Ford.
The Trial
As long as the Case is not resolved by a settlement or otherwise, Class Counsel
will have to prove the Plaintiff’s claims at a trial. The trial will be set by the
Court, which will take place in the Thirteenth Judicial Circuit, in and for Hillsborough
County, Florida, George Edgecomb Courthouse, 800 E. Twiggs Street, Tampa, Florida,
in Courtroom #508. During the trial, a Jury or the Judge will hear all of the evidence
to help them reach a decision about whether the Plaintiffs or Defendant are right
about the claims in the Lawsuit. There is no guarantee that the Plaintiffs will
win, or that they will get any money for the Class.
Class Members do not need to attend the trial. Class Counsel will present the Case
for the Plaintiffs, and Ernie Haire Ford will present the defenses. Class Members
or their own lawyers are welcome to come at their own expense.
If the Plaintiffs obtain money or benefits as a result of the trial or a settlement,
Class Members will be notified about how to participate. Class Counsel does not
know how long this will take.
Contact
Class Counsel:
Class Action Administrator:
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Gilley v. Ernie Haire Ford
Class Action Administrator
c/o A.B. Data, Ltd.
PO Box 170200
Milwaukee, WI 53217
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