Summary of All the Allegations and Disclaimers
These dealers are alleging that TrueCar is deceiving customers or potentially deceiving customers. Cover my A@@ again. In my opinion!! That feels better.
One more thing: You must be thinking what about disclaimers in this advertising? The must be there has to be! There is never a contest or advertising without disclaimers. I will tell you that I have turned down many a false advertising lawsuit due to the disclaimers. More than I wanted to, but a good disclaimer is deadly like Kryptonite. The law provides some limited protections from certain disclaimers but they are very effective.
This is where I have serious doubt as to the plaintiff’s ultimate success on the claims. Remember the plaintiffs are alleging the advertising is misleading despite disclaimers. The plaintiffs are undaunted! Read the following from the lawsuit: (as an aside the court has ruled that that many of the claims are NOT AUTOMATICALLY barred by the disclaimers).
185. TrueCar's advertising may include fine-print disclaimers in an attempt to provide cover for its Transparency Claim, but the disclaimers are insufficient to alleviate consumer deception and may violate applicable laws and regulations requiring disclosure of every fee that goes into the price of a vehicle in the states where TrueCar disseminates its advertising.
I find this terribly ironic. Just take one look at a dealer’s web sites that is a plaintiff and I’ll bet you they have zillions of disclaimers. What would they say if they got sued by a person who alleged that the advertising was misleading? Let’s stop here. Cover my A^^ again. My opinion! Take break. Listen to rain. Very relaxing.
Just for a comparison I have listed some disclaimers on the plaintiff’s web site:
- Not all Honda automobile dealers participate in these programs. Programs limited to 48 U.S. contiguous states, Alaska and Hawaii. See your local Honda automobile dealer for program details and offer. This is not an offer of direct financing.
- Audi Loyalty is defined as currently owning a 2001 or newer Audi vehicle. A current registration and/or insurance card must be presented as proof. Offer available to others residing in same household as well. Restrictions Apply. May require AFS financing in some cases. Amount varies by model and transaction. Not Available on all models. Restrictions apply. Offer expires: 10/01/2015
- Legal Site Disclaimer:
We attempt to update our website in a timely manner however neither Chrysler nor the dealer can guarantee that the inventory shown will be available at the dealership. We cannot be responsible for typographical and other errors, including data transmissions or software errors that may appear on the site. If the posted price, incentive, offer or other service is incorrect due to typographical or other error we will only be responsible for honoring the correct price, incentive or offer. We make every effort to provide you the most accurate, up-to-the-minute information however when you are ready to purchase products or services, it is your responsibility to verify with us that all details listed are accurate.
Mid-model-year manufacturing changes, as well as dealer-added accessories on the actual vehicle may differ from the options and features shown. MSRP is provided by the manufacturer for informational purposes only. Actual pricing and vehicle information must be verified by us at the time of purchase.
Images shown may not necessarily represent the configurable options selected or available on the vehicle.
The plaintiff’s (as shown) use disclaimers. Of course. The defendant uses a disclaimer. Of course. Now we are in cover our A@# territory for everyone. Sounds about right. Now it’s my turn. I have not reviewed every plaintiff’s website and I have not reviewed every inch of TrueCar web site. I am only making an ironic point that the plaintiffs (in some cases and probably in all) use disclaimers to protect themselves from consumer lawsuits and the plaintiffs are asserting that the disclaimers are not good enough that are used by TrueCar.