November 12, 2009
Attorney General Koster files lawsuits against six separate vehicle extended warranty companies

Kansas City, Mo. — Attorney General Chris Koster today warned consumers about new tactics businesses are using to try to trick people into purchasing bogus auto warranty products of limited value. Koster filed lawsuits against six such businesses today.

According to Koster, the businesses marketed what appeared to be “extended auto warranties” to consumers, but actually were “service contracts” or “automotive additives.” Many consumers did not realize they were not receiving auto warranties until they received the package in the mail. The companies sold the products as service contracts and auto additives with the effect of avoiding Missouri’s service contract laws, which provide some minimal protection for consumers.

Customers who purchased “service contracts” often later realized the significant limits to coverage. Many contracts contain a 30 to 90 day, 1,000 mile period during which consumers cannot make claims, because that is considered a “pre-existing condition” of the vehicle. However, the extended service contract is only fully refundable within the first 30 days. Customers asked for a cancellation or refund when they discovered the provider would not pay a claim after that initial period, but were refused refunds because they were not within the 30-day cancellation timeframe. Many of the contracts have also been promoted as extending a warranty for 7 years and 100,000 miles. These companies do not tell the consumer that the coverage may be limited to the actual cash value of the vehicle. For an older, high-mileage vehicle, the coverage may soon be less than the price paid by the consumer for the contract.

For companies using the auto additive scam, customers were sent a bottle of fluid for their car’s transmission, engine, or cooling system, with instructions to immediately add it to the vehicle. Customers were instructed to install the additive in order for the warranty to be valid. But they later were denied a refund and told the purchase is non-refundable if the product has been used. In effect, the companies encouraged consumers to use the fluids immediately, knowing that would nullify their opportunity for a refund. Many consumers did not request the additive and did not realize they would be sent this additive until they received the packet.

“These businesses are using a ‘bait and switch’ scheme and preying on consumers’ fears of not having adequate vehicle warranty coverage,” Koster said. “They lured vulnerable consumers into purchasing ‘auto warranties,’ and then switched to sell them into service contracts and auto additive warranties with inferior or negligible repair coverage, while making it almost impossible for the consumers to cancel the contract or get refunds.

“I believe this auto warranty business continues to be rife with fraud, and Missouri continues to be at the center of this deception,” Koster said. “This office will continue to pursue and prosecute businesses such as these that target unsuspecting, innocent consumers.”

Koster said the companies marketed these products using misleading letters, postcards, and telemarketing techniques, some also in violation of Missouri’s No-Call law. He said the businesses would lead consumers to mistakenly believe their current vehicle warranties were about to expire and that they would not have another opportunity to purchase an extended warranty unless they acted immediately. Many potential customers were not informed that the businesses were not affiliated with the dealership or manufacturer from whom the customers bought their vehicles.

In addition, some of the businesses sought to illegally obtain the consumer’s bank account or credit card information by misrepresenting the purpose of the information. The businesses would then cause automatic charges to consumers’ bank accounts or monthly charges to their credit cards without the consumers’ permission or knowledge.

The six businesses Koster filed suit against today are:

* National Dealers Warranty, Inc., d/b/a/ StopRepairBills.com
* Warranty Activation Headquarters, Inc., d/b/a/ Nationwide Automotive Protection
* Extended Warranty Corporation, Inc., d/b/a/ Key Protection Group
* Dealers Warranty, LLC, d/b/a/ MOGI
* U.S. Auto Warranty
* Dealer Warranty Services

Koster’s suits charge the businesses with unfair and deceptive practices violations. Some were also charged with violations of Missouri’s No-Call law. In addition, he charged National Dealers Warranty with violation of a prior Consent Judgment and Permanent Injunction issued by the Circuit Court of St. Charles County in 2008, and Warranty Activation Headquarters with violation of a prior Assurance of Voluntary Compliance approved by the Circuit Court of the City of St. Louis in 2008.

Koster is asking the court to issue preliminary and permanent injunctions requiring the companies to comply with Missouri’s Merchandising Practices Act; provide full restitution to victims and to the state; and pay civil penalties and court costs.

Koster encourages consumers who have complaints about businesses selling motor vehicle extended service contracts to contact the Attorney General’s Office at ago.mo.gov or by phone calling the Attorney General’s Consumer Protection hotline at 1-800-392-8222.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to the Press Secretary.

E-mail Phone: 573-751-8844 Fax: 573-751-5818