For those who had their reservations stolen by dealers, and there have been numerous reports....

[PSUTE]

There may be criminal charges available. Maryland Law seems to cover it. Your state may vary...


Maryland treats fraud seriously, and there are numerous laws that cover obvious fraud and other offenses that are less clear. If you have been charged with fraud or identity theft, seek out the assistance of a Maryland identity theft lawyer.

Identity Fraud: Generally Section 8-301
In these sections, the term “personal identifying information,” pursuant to Section 8-301(a)(3), includes:

• Name
• Address
• Telephone number
• Driver’s license number
• Social Security number
• Place of employment
• Employee identification number
• Mother’s maiden name
• Bank or other financial institution account number
• Date of birth
• Person Identification Number (PIN)
• Credit card number
• Any other payment device number

First, it is illegal for any person to (1) knowingly, intentionally and (2) with fraudulent intent (3) to possess, acquire, or help another possess or obtain (4) any personal identifying information of an individual (5) without that individual’s consent (6) in order to use, transfer, or sell the information to get a benefit, good, credit, service, or other thing of value in the name of the individual. Section 8-301(b). This is called obtaining personal identifying information without consent. Section 8-301(b).
Second, it is illegal for any person to (1) knowingly and intentionally (2) assume the identity of another person (whether or not that person is fictitious):

• To avoid being apprehended, identified, or prosecuted for a crime, or
• With intent to defraud and:
  • Get a benefit, good, service, credit, load, or other thing of value, or
  • Avoid paying a debt or other legal obligation. Section 8-301(c).

Third, under Section 8-301(d) it is illegal for any person to (1) knowingly, intentionally and (2) with intent to defraud (3) in order to obtain a benefit, credit, good, service, loan, or other thing of value, use:

• A re-encoder (defined in Section 8-301(a)(4)) to place information encoded on one credit card onto another credit card, which allows the second credit card to make transactions without the consent of the original cardholder, or
• A skimming device (defined in Section 8-301(a)(5)) to access, scan, read, obtain, store, or memorize personal identifying information or a payment device number on a credit card without the consent of the individual authorized to use the credit card.

Fourth, it is illegal under Section 8-301(e) for any person to (1) knowingly and intentionally (2) and with intent to defraud (3) possess, acquire, or help another acquire or possess a re-encoder device or skimming device (4) for the purpose of using, selling, or transferring personal identifying information or payment device numbers without authorization. This is called possession of re-encoder or skimming device. Section 8-301(e).
Fifth, it is illegal under Section 8-301(f) for any individual to (1) knowingly and intentionally (2) claim to represent another person without that person’s knowledge and consent (3) with the intent to request, solicit, or engage in any conduct to persuade someone to provide payment device numbers or personal identifying information. This is called representation without authorization. Section 8-301(f).

Penalties
If a person violates this section to avoid apprehension, identification, or prosecution for a crime, or if a person violates the subsections on possession of re-encoder or skimming devices or representation without authorization, then that person is guilty of a misdemeanor punishable by up to 18 months in prison and/or a fine of up to $5,000. Section 8-301(g)(4).
If a person violates any other part of this section to acquire $500 or more worth of benefits, credit, goods, services, or any other thing of value, then that person is guilty of felony identity fraud and faces up to 15 years in prison and/or a fine of up to $15,000. Section 8-301(g)(1). If the value of the benefits, credit, goods, services, or anything else of value is less than $500 then that person is guilty of misdemeanor identity fraud and faces up to 18 months in prison and/or a fine of up to $5,000. Section 8-301(g)(2).
If a person violates any part of this section under circumstances that reasonably indicate an intent to manufacture, dispense, or distribute another’s personal identifying information then that individual is guilty of felony identity fraud and faces up to 15 years in prison and/or a fine of up to $25,000. Section 8-301(g)(3).
Keep in mind, if a person violates this section multiple times as part of a course of conduct of violating this section, then the person can be considered guilty of one violation and the value of the benefits, credit, goods, services, or other things of value can be aggregated to determine whether the violation is a felony or misdemeanor (and accordingly, the penalties). Section 8-301(g)(5).



Just a FYI. Everyone up in here who reported shady dealers had some of the information included. If Ford can't or won't clean them up, Power to the people, make criminal complaints...

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[BOLD Renegade93]

But what about my mesothelioma?

 

[PSUTE]

But what about my mesothelioma?

Just trying to give us a way to get to the stealerships and to help out those who are their victims. ...

 

[chownd]

A nice thought but.... There's no way that's happening.

I'm not a lawyer but I've worked with enough prosecutors to know there's a snowballs chance in hell they pursue this. Doesn't really matter what that law (or any other) reads, I can't see this being something they go after.

My heart goes out to anyone who got screwed over for sure. That sucks so much. I'd love to be wrong here but the stuff I've seen tabled due to lack of appetite would suggest otherwise.

 

[PSUTE]

A nice thought but.... There's no way that's happening.

I'm not a lawyer but I've worked with enough prosecutors to know there's a snowballs chance in hell they pursue this. Doesn't really matter what that law (or any other) reads, I can't see this being something they go after.

My heart goes out to anyone who got screwed over for sure. That sucks so much. I'd love to be wrong here but the stuff I've seen tabled due to lack of appetite would suggest otherwise.

Sad to say, but I agree with you...

 

[Broncodave]

Go for it, troll. 1st day reservation holders had their identities stolen so that stealerships can make money. Glad you're good with it . Good to know....

It's not about being "good with it", which I'm not. It's about the idea that any prosecutor would go after this as fraud. They won't.

(Edit: Nevermind, I now see that chownd already explained it.)

 

[NotApplicable]

It's not about being "good with it", which I'm not. It's about the idea that any prosecutor would go after this as fraud. They won't.

Right. That’s because it’s not fraud. Beyond that, Ford makes it pretty clear that Reservations guarantee absolutely nothing.

“It is not an actual order and does not guarantee delivery”

“Ford, at its sole discretion, may decline or cancel your Reservation at any time, for any reason”

“By completing the Reservation Process, you are not ordering or purchasing a vehicle. Participation in the Program does not guarantee you vehicle delivery. Your Reservation does not guarantee a set price for the Vehicle.”

 

[PSUTE]

Right. That’s because it’s not fraud. Beyond that, Ford makes it pretty clear that Reservations guarantee absolutely nothing.

“It is not an actual order and does not guarantee delivery”

“Ford, at its sole discretion, may decline or cancel your Reservation at any time, for any reason”

“By completing the Reservation Process, you are not ordering or purchasing a vehicle. Participation in the Program does not guarantee you vehicle delivery. Your Reservation does not guarantee a set price for the Vehicle.”

Bullshit, you are trying to deflect the conversation. No one said anything about Ford, except me, and the fact that they can't/won't do anything about stealerships hijacking reservations. Local issue. You, (as a dealer), order/buy something under my name, you have stolen my identity. That's not on Ford, that's on you. Pay the price....

 

[Td66]

I question if this would really be an identity theft case when the customer willingly gave their personal information to the dealer for the purpose of ordering a vehicle. The issue would require the customer to file for damages incurred from the transaction. This would also, require the customer to prove said damages were a result of the dealers actions. I understand your passion for this issue but I doubt even ambulance chasers will litigate this without a 500 dollar deposit.

 

[PSUTE]

I question if this would really be an identity theft case when the customer willingly gave their personal information to the dealer for the purpose of ordering a vehicle. The issue would require the customer to file for damages incurred from the transaction. This would also, require the customer to prove said damages were a result of the dealers actions. I understand your passion for this issue but I doubt even ambulance chasers will litigate this without a 500 dollar deposit.

Did you read the OP, not my commentary, but the legalise? For example, I spent $100 for a reservation. You, as a dealer, stole my name and reservation number to obtain a vehicle for your stock. That under the (Maryland law) is a crime. This has happened to many, mostly new posters up in here.

On the other side of the coin you tossed, if you want to get an attorney's attention, have a "Free" review, followed up by a synopsis and a check that clears for $1,000 as a retainer. Works. Attorneys are screwed big time...

 

[Bronco4lyfe85]

Update us on the outcome!

 

[Td66]

Did you read the OP, not my commentary, but the legalise? For example, I spent $100 for a reservation. You, as a dealer, stole my name and reservation number to obtain a vehicle for your stock. That under the (Maryland law) is a crime. This has happened to many, mostly new posters up in here.

On the other side of the coin you tossed, if you want to get an attorney's attention, have a "Free" review, followed up by a synopsis and a check that clears for $1,000 as a retainer. Works. Attorneys are screwed big time...

I do think if an individual wishes to pursue this a consumer lawyer would be a start. I am afraid that these dealers have big pockets and usually lawyers on speed dial for these particular situations. The would take more time than ordering a Bronco, turn into a money pit, and just frustrate the consumer even more with our legal branch.
As far as the first bit, I did read it and pointed out the damages from the interaction would need to be identified and proven. For example, the dealership not canceling your order; stopped you from reserving another order at another dealership.
Regardless, it does seem to happen to often and maybe this forum should list those dealers who may playing these tricks on consumers. Hopefully, we could help redirect potential Bronco customers to more reputable dealers for purchase. I flying half way across country to pick up mine.

 

[NotApplicable]

Bullshit, you are trying to deflect the conversation. No one said anything about Ford, except me, and the fact that they can't/won't do anything about stealerships hijacking reservations. Local issue. You, (as a dealer), order/buy something under my name, you have stolen my identity. That's not on Ford, that's on you. Pay the price....

It’s cute and I get why layperson mind would assume this would be protected, but one has less than 0% chance of this being legally classified as fraud or identity theft.

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