Product: Vehicle loan or lease

Defendant : XXXX XXXX XXXX XXXX XXXX  Jurisdiction and Venue : The Plaintiff is a resident of XXXX XXXX, Florida. The Defendant conducts business in XXXX XXXX, Florida. The subject matter of this action occurred in XXXX XXXX, Florida. Therefore,

this Court has jurisdiction and venue is proper in this County. Statement of Facts : O
n XX/XX/XXXX, Plaintiff, purchased a used XXXX XXXX XXXXe from Defendant, XXXX XXXX located at XXXX XXXX XXXX XXXX, XXXX, FL License : XXXX. 

Plaintiff is solely dependent on XXXX XXXX XXXX and has limited financial literacy. 

Defendant financed the vehicle through Western Funding Inc. with a 66-month loan term, a 22.82 % interest rate, and monthly payments of {$340.00}.

The total amount to be paid over the loan term is {$22000.00}, which is more than three times the vehicles fair market value at the time of purchase.

The interest rate of 22.82 % charged on this loan exceeds the legal maximum interest rate set forth by Floridas usury laws under Florida Statutes 687.03.

The legal maximum interest rate for consumer loans in Florida is 18 % per annum.

A rate exceeding this limit is considered usurious and unlawful, unless specifically exempted.

When brought to the attention of the Manager of XXXX XXXX, Manager stated that the State Statue was incorrect and that they could charge up to 30 % interest. Manager stated there was nothing he could do.

By charging an interest rate above the legal limit, Defendant violated Floridas usury laws, rendering the loan agreement potentially void or subject to rescission.

Plaintiff did not fully understand the terms of the financing agreement at the time of signing and the Defendant failed to provide clear explanations.

Shortly after purchase, the vehicles air conditioning failed, the backup camera was discovered to be installed upside down, the brakes were unsafe, and the vehicle experienced a major coolant leak requiring extensive repairs. Manager stated they were not going to make any repairs or pay for any damages.

We believe that the vehicles diagnostic codes had been reset prior to sale, suggesting intentional concealment of pre-existing issues. Similar claims were made against this dealership and visible on their XXXX reviews. Defendant has refused to repair the vehicle and has denied any responsibility for the defects. 

Below are the complaints that I am filing against this dealership.

Count I : Predatory Lending Violation : Charging a usurious interest rate exceeding the legal limit set by Florida Statutes 687.03 ( 22.82 % instead of the maximum 18 % ).

Count II : Fraudulent Concealment Violation : Intentionally concealing pre-existing defects in the vehicle ( resetting diagnostic codes ) to induce the purchase.

Count III : Violation of the Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ) Violation : Engaging in deceptive and unfair trade practices by misrepresenting the vehicle 's condition and failing to disclose known defects.

Count IV : Breach of Implied Warranty of Merchantability Violation : Even though the vehicle was sold " as-is, '' failing to disclose significant defects that impair the car 's use and safety could be considered a breach of the implied warranty of merchantability.

Count V : Elder Abuse and Exploitation Violation : Exploiting the Plaintiff 's age and vulnerability by selling a defective vehicle with predatory financing terms.

Plaintiff, due to her limited financial literacy and vulnerability, was subjected to an excessive interest rate that violates the public policy of Florida and the protections afforded to consumers under the states usury laws. Defendants conduct in charging an unlawful interest rate constitutes predatory lending and a violation of statutory protections for borrowers.