Madison - St. Clair Record

Wednesday, December 11, 2019

Auto buyer accuses dealership of fraud

By The Madison County Record | Mar 31, 2015

Duree david

A St. Clair County auto buyer is suing an auto dealership and a salesman, claiming the defendants charged him more than the agreed amount after wrongfully repossessing the vehicle several times.

John Rose Jr. filed a lawsuit on March 11 in St. Clair County Circuit Court against A & E Auto Sales Inc. and Rodney Fults, alleging deceptive business practices in a 2013 vehicle sale.

According to the complaint, on Oct. 4, 2013, Rose purchased a 1998 Land Rover from the defendant and made a down payment of $1,900. During the transaction, Rose claims he  signed a misleading document that led him to believe his first monthly installment of $175 was due a month later than its actual due date.

As a result, the defendants repossessed the vehicle approximately five times between November 2013 and February 2015, charging Rose additional fees for each occasion, the suit states.

Rose claims he provided documentation of his payments and believes he actually paid more in total than the required amount. The plaintiff alleges the dealership has been called into question in the past for similar allegations.

The suit alleges unfair or deceptive business acts, oppressive conduct, misrepresentation, concealment and ambiguous documentation.

Rose seeks damages of $6,403.72 or more in compensatory damages, plus interest, an additional $50,000 in punitive damages, $20,000 for attorneys fees and costs. He is represented by attorney David M. Duree of David M. Duree & Associates in O’Fallon.

St. Clair County Circuit Court case number: 15-L-138.

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