Complaints Filed by State against Wayne Mazda and Wayne Auto Mall Hyundai, Route 23, for Consumer Protection Violations

by Carolyne Volpe Curley / Carolyne@WestEssexNOW.com
Published 4:02pm

Credit: Wayne Mazda

NEWARK, NJ – On Tuesday, it was announced by NJ Acting Attorney General John J. Hoffman and the New Jersey Division of Consumer Affairs, that the state has filed a complaint against Wayne Mazda and Wayne Auto Mall Hyundai for repeated deceptive advertising practices.


It is alleged that both committed multiple violations of both the Consumer Fraud Act and Motor Vehicle advertising regulations.

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Credit: Google Maps

Wayne Locations

• Wayne Mazda is located at
  1244 Route 23 North 
  
  
• Wayne Auto Mall Hyundai
  is located at 1935 Route 23 South 

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The companies, which are under the ownership of Bergen Auto Enterprises, LLC, reportedly failed to disclose to consumers that the used vehicles they have sold had previously been used as rental vehicles and/or had sustained significant prior damage.  

In addition, both Wayne Mazda and Wayne Auto Mall Hyundai are said to have engaged in “bait and switch” tactics by featuring vehicles in advertisements that were not actually available for purchase or for lease. The vehicles in question appear to have been sold months before, but remained featured in advertisements. 

In one instance, Wayne Mazda advertised a 2013 Mazda for lease that had actually been sold almost 11 months before the advertisement was published. In another instance, Wayne Auto Mall Hyundai advertised for lease a 2013 Hyundai Genesis for at least 175 days that it did not possess, and that was in fact, located and titled in Pennsylvania. 

“We will not allow consumers to be subjected
to the egregious sales tactics that these two dealerships
allegedly engaged in,” Hoffman said.  
“Important facts that a consumer needs
to make an informed buying decision, such as past accident history,
cannot be omitted or withheld by auto dealerships.”

Credit: Wayne Auto Mall

The suit against the businesses also alleges that Wayne Mazda and Wayne Auto Mall Hyundai failed to include legally required statements in newspaper advertisements
which are designed to explain to consumers what any additional costs would be beyond the advertised price. Similarly, cars were reportedly advertised at a discounted price, without a proper explanation of the qualifications needed to receive the discount. 

 For instance, Wayne Mazda advertised prices containing a footnote which read “Available to qualified buyers on select vehicles,” without specifying the vehicle to which the discount applied or the conditions necessary for the consumer to qualify for the discount.

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“The alleged actions of Bergen Auto Enterprises demonstrate contempt
for consumers and their rights under the law,"
expressed Division of Consumer Affairs Acting Director Steve Lee.
"The Wayne Mazda and Wayne Auto Mall Hyundai dealerships
allegedly offered vehicles and terms that were not attainable,
and concealed important details about other vehicles for sale and lease,
all in a calculated effort to profit at consumers’ expense.” 

The State’s five-count complaint was filed in State Superior Court in Paterson; the state is seeking restitution for affected consumers and the imposition of civil penalties. 

CONTACT INFORMATION
Consumers who believe they may have been victimized by Wayne Mazda or Wayne Auto Mall Hyundai can file a complaint with the State Division of Consumer Affairs by calling: 
1-800-242-5846 or 973-504-6200.  

Supervising Investigator Joseph Singh and Investigator Cullen Church, of the Division of Consumer Affairs Office of Consumer Protection, conducted the investigation.  Deputy Attorney General Erin M. Greene, in the Consumer Fraud Prosecution Section of the Division of Law, is representing the State.   

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