Mark Jacobson Toyota

NC Dept of Justice false advertising complaint filed

NC Department of Justice VehComplaintID 1197
False advertising complaint filed 8-19-2011 with the North Carolina Dept of Justice against Mark Jacobson Toyota of Durham NC and Toyota USA Attached to complaint was Title application showing Prius III, screen shot of Google search for VIN showing the car advertised as a Prius III and the sales contract.

Mark Jacobson Toyota of Durham NC is engaged in ongoing false advertising. On their website they claim to guarantee complete customer satisfaction which is not true. My case alone is proof of that.

On 6-25-2011 I was sold a 2011 Toyota Prius II that was stated by the sales person and everyone involved to be a Prius III for $29714.40 A few days later I discovered it to only be a Prius 2 even though they even stated Prius III on the title documentation.

I have a web printout of a Google search of the VIN that shows them advertising it as a Prius III. While not denying their false advertising they only offered to roll back the deal. That was unacceptable to us because of the time and effort in securing financing and that there were no other low mileage Prius models available.

The dealership was well aware of the time and energy we had spent obtaining financing and they were aware that there were no low mileage or new Prius cars available so they knew that their offer to roll back the deal would not be acceptable.

To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.

I believe that Mark Jacobson Toyota in Durham NC has met all 5 legal criteria for false advertising both in the matter of their fraudulent guarantee of complete customer satisfaction AND in the matter of deceiving me with my purchase.

I was enticed to spend more money than I had intended in part because I was told that I was buying a Prius III. It was only after the purchase that I discovered the internet advertising that also made the false claim.

I would like to add Toyota USA to this complaint as they knowingly allow false advertising