Car dealership duped elderly woman into buying car she didn’t want: lawsuit

Chicago Tribune (IL)

June 20--June Shivers took her 2005 Lincoln LS, which was fully paid for, to a Blue Island car dealership in September to get it serviced.

When the 85-year-old Chicagoan left the lot, she was driving a used 2014 Ford Fusion and was on the hook for monthly payments of $398 over six years.

How that trade-in occurred is a matter of dispute.

Shivers alleges in a lawsuit filed last month in Cook County Circuit Court that, as an elderly woman with memory problems, she was duped into swapping her beloved Lincoln. She's suing Napleton Lincoln and Citizens Bank, which provided financing.

"She did love that car," her son, Steve Shivers, said of the Lincoln she traded in. "She even named it" -- Nudi, her granddaughter's nickname.

The dealership, however, says it has dealt with June Shivers "countless times" over the years, including just a few months before the trade-in, and saw no signs of erratic behavior.

The lawsuit highlights a growing area of concern for regulators and consumer watchdogs as a wide swath of the population ages: misunderstandings and malicious acts involving businesses and elderly consumers.

For example, the Federal Deposit Insurance Corp. recently identified "elder frauds" as one of the 10 types of scams targeting bank customers. The North American Securities Administrators Association, meanwhile, released a study earlier this month showing that more than 60 broker-dealer firms alerted authorities to nearly 2,300 cases of suspected senior-related fraud or exploitation in 2015, most involving customers 81 or older.

Shivers visited Napleton Lincoln around Sept. 13 to get her Lincoln serviced, according to her lawsuit. Told that her car needed $700 in maintenance and repairs, the retired nurse approved the fixes and decided to kill time walking around the dealership.

The lawsuit says a salesman asked if she wanted to test-drive a used Ford Fusion. She agreed, and her lawsuit alleges she was led to believe that she could take home the Fusion for a day or two and return it after the work on her Lincoln was done. She signed some documents and was on her way, the lawsuit says.

Her son was visiting her from Europe when the trade happened. He said he was alerted by some of his mother's friends, who had accompanied her to the dealership.

"They called me and were a bit concerned," Steve Shivers said. "One of her friends said, 'I think they're trying to sell your mom a car.'" He said he called the dealership and was assured that his mom was just taking a test drive. When she returned home, he saw the Fusion -- and the documents showing that she had, in fact, bought the car, the lawsuit says.

June Shivers didn't plan to trade in her car or sell it, according to the lawsuit, which alleges the salesman didn't ask for the vehicle title and didn't talk price or discuss trade-in value. She didn't understand the documents she was signing, the lawsuit says.

The dealership has contacted June Shivers' lawyer and asked for documentation on her memory problems, said Gene Kennedy, Napleton Lincoln's general manager.

"Unfortunately, that request was flatly denied unless first agreeing to a 'substantial settlement,'" Kennedy said. "Ms. Shivers has independently dealt with Napleton Lincoln countless times with no behavioral concerns and as recently as April 2016."

When she bought the Ford Fusion, June Shivers had an Illinois driver's license and "excellent insurance coverage," Kennedy said. Still, "Napleton Lincoln would like to resolve this matter amicably and is working toward arbitrating this to the satisfaction of all parties," he said.

The Ford Fusion had almost 23,000 miles on it and cost about $20,000, according to the lawsuit, which says a fair price would have been $12,000 to $16,000.

June Shivers was given only a trade-in credit of $600 for her Lincoln, which had almost 63,000 miles on it, when a fair value would have been $2,000 to $4,000, the lawsuit says.

The dealership charged her credit card for almost $2,000 as a cash down payment, the lawsuit says. Her son said she paid that credit card bill.

The day after she came home with the new car, Steve Shivers and his mom, along with two of her friends, returned the Ford Fusion to the dealership. He told workers that she was "having cognitive issues" and shouldn't be doing much driving.

"They gave me a song and dance about how as children we don't always know what's best for our parents," he said.

The lawsuit says dealership workers refused to accept the vehicle, saying they're "not in the business of taking cars back."

Almost two weeks later, Steve and June Shivers again returned to the dealership with the car after having contacted the Better Business Bureau and LAF, formerly the Legal Assistance Foundation of Metropolitan Chicago. This time, they left the car and the keys there. June Shivers' friends also accompanied them and filmed the return.

"We were trying to find a way to unwind the deal," Steve Shivers said.

Later, the Ford Fusion ended up back at his mom's home with the keys in her mailbox.

Steve Shivers returned to Europe, and at some point later, Citizens Bank repossessed the Ford Fusion, which he said his mom hadn't driven.

A recent letter from the bank to June Shivers says the car was sold at auction and demands that the loan be repaid, he said.

Michelle Weinberg, June Shivers' LAF attorney, said the remaining balance on the loan is more than $10,000.

Citizens Bank should have known the contract was unfair and that June Shivers was 85 years old, the lawsuit alleges.

The bank said it doesn't comment on pending litigation.

Senior home care aides now visit June Shivers five days a week.

"They have a car," Steve Shivers said of the aides. But "she doesn't get out and around as much as she used to, and she feels kind of lonely," he said.

Weinberg said anyone considering a major purchase, such as a new car, should talk to family members and be careful when signing papers. June Shivers wasn't in a position to make an informed decision on her own, Weinberg said.

The lawsuit seeks compensatory and punitive damages and a ruling that June Shivers doesn't owe any money for the Ford Fusion.

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