On what date was the Complaint filed in the Kentucky case involving Byrider?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
alleged violations.
Commonwealth of Kentucky ex rel Gregory D. Stumbo, Attorney General vs. James Maguire, J. Marc Maguire, Auto Acceptance Corporation, CNAC of Kentucky, Inc., J. Maguire Enterprises, Inc., Auto Acceptance, LLC, CNAC of Kentucky, LLC, J. Maguire Enterprises, LLC, and J.D. Byrider Systems, Inc. (Cause No. 04Cl10575) filed on December 16, 2004, in Commonwealth of Kentucky, Jefferson Circuit Court, Division Nine. Complaint against J.D. Byrider Systems, Inc. and the Louisville franchisee alleging violation of Kentucky's Consumer Protection Act by a pattern of unfair and deceptive sales and financing practices engaged in by the Louisville franchisee, aided and abetted by unlawful sales and financing techniques developed by J.D. Byrider Systems, Inc. For purposes of settlement only, an Agreement and Consent Judgment Entry and Order were filed February 2006 in the Commonwealth of Kentucky, Jefferson Circuit Court, Division 7. The court enjoined J.D. Byrider Systems, Inc. and its Kentucky franchisees from violating the Kentucky Consumer Protection Act, the federal Truth in Lending Act, and the federal Magnuson Moss Warranty Act and ordered remedial steps for the alleged violations; J.D. Byrider Systems, Inc. paid $300,000.00 to the Attorney General as reimbursement, attorneys' fees and other costs of the investigation and litigation. The Louisville franchisee paid $2.7 million in customer restitution. In addition, the Louisville franchisee agreed to provide a credit of $500 on each customer account for vehicles purchased during 2000 through 2004. The Louisville franchisee is no
Source: Item 3 — Litigation (FDD pages 15–19)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, the Complaint in the case "Commonwealth of Kentucky ex rel Gregory D. Stumbo, Attorney General vs. James Maguire, J. Marc Maguire, Auto Acceptance Corporation, CNAC of Kentucky, Inc., J. Maguire Enterprises, Inc., Auto Acceptance, LLC, CNAC of Kentucky, LLC, J. Maguire Enterprises, LLC, and J.D. Byrider Systems, Inc." was filed on December 16, 2004. The filing occurred in the Commonwealth of Kentucky, Jefferson Circuit Court, Division Nine. The complaint alleged violations of Kentucky's Consumer Protection Act due to unfair and deceptive sales and financing practices by the Louisville franchisee, purportedly aided by unlawful techniques developed by Byrider.
The case was settled with an Agreement and Consent Judgment Entry and Order filed in February 2006. As part of the settlement, Byrider and its Kentucky franchisees were prohibited from violating the Kentucky Consumer Protection Act, the federal Truth in Lending Act, and the federal Magnuson Moss Warranty Act. Remedial steps were mandated for the alleged violations. Byrider paid $300,000 to the Attorney General for reimbursement, attorneys' fees, and other costs related to the investigation and litigation.
The Louisville franchisee, who is no longer a franchisee, paid $2.7 million in customer restitution and agreed to provide a $500 credit on each customer account for vehicles purchased between 2000 and 2004. This case illustrates the importance of adhering to consumer protection laws and the potential financial repercussions of non-compliance for both the franchisor and its franchisees. It also highlights the risk to Byrider from franchisee behavior, and the importance of Byrider's oversight of franchisee conduct.