A Dane County jury ordered Toby’s Auto Sales and Body shop to pay $156,660 in damages to a customer whose car was illegally repossessed and who was then harassed by the dealer when she tried to get her property back.
Toby’s Auto repossessed the customer’s vehicle, but did so before it provided her with a legally-required notice, making the repossession illegal. The customer attempted to get her belongings from the car, but Toby’s demanded payment of $450 in charges before releasing that property. A Dane County judge ruled in June, 2023, that Toby’s Auto had illegally repossessed the car, but even then the dealership refused to surrender the vehicle for three months. The Court found that Toby’s Auto had engaged in illegal repossession, conversion of property, and harassing and threatening conduct, leaving the jury to consider how much to award in damages.
The jury awarded the customer $6,560 in economic damages, as well as $50,000 in damages for emotional distress, and $100,000 in punitive damages.
The customer was represented by Attorney Briane Pagel of Lawton Cates, S.C. Attorney Pagel and Lawton Cates have recovered hundreds of thousands of dollars on behalf of customers who have been treated unfairly by auto dealers and lenders. If you have concerns about an auto purchase or loan, or are facing repossession or have had your vehicle repossessed, contact Lawton Cates for a free consultation today.
Green County Judge Says Claims of Illegal Conduct Can Proceed Against Alphorn Ford.
Judge Faun Phillipson of Green County issued an order in November 2024 refusing to dismiss claims that Alphorn Ford had violated Wisconsin’s auto dealer regulations. The claims were brought by two customers who alleged that Alphorn Ford engaged in unconscionable and fraudulent conduct in selling a vehicle. The customers allege that Alphorn Ford induced them to buy a car they did not really want by promising that Alphorn Ford would take the car back the next day if the customers did not like it; and by promising that the customers could refinance the vehicle within approximately a year to lower their payments. The customers allege that when they tried to return the car the next day, Alphorn refused to accept the return.
When the customers sued, Alphorn Ford sought dismissal of all claims, but the Green County Circuit Court denied the motion in part, allowing the customers’ claims that Alphorn had violated dealership regulations and common law to proceed, and allowing the customers to seek compensatory and punitive damages, as well as damages for emotional distress caused by the conduct.
The customers are represented by Attorney Briane Pagel of Lawton Cates, S.C. Attorney Pagel and Lawton Cates have recovered hundreds of thousands of dollars on behalf of customers who have been treated unfairly by auto dealers and lenders. If you have concerns about an auto purchase or loan, or are facing repossession or have had your vehicle repossessed, contact Lawton Cates for a free consultation today.
