This consumer class action arises out of Alexico Corp. and Fred Beans Fords illegal sale of "Premium Care Theft-Gard" to consumers at the car dealership locate in Pennsylvania.
The Premium Care Theft-Gard is an aftermarket product distributed, sold and administered by Defendant Alexico Corporation ("Alexico"). It is then sold directly to consumers by the remaining Fred Beans Ford and other named defendants, each of which is a Pennsylvania car dealer who either brokers the sale on behalf of the consumer or as Alexico's "Theft-Gard Representative."
The Premium Care Theft-Gard itself includes the etching of an arbitrary number into the windows of the vehicle to purportedly deter theft while offering a $3,000 indemnity benefit if the covered vehicle is stolen and not recovered. Plaintiff herein contends that the Premium Care Theft-Gard is insurance that is illegally sold by Defendants, who have not registered as insurance agents or submitted the Premium Care Theft-Gard to the Insurance Department for rate review and approval.
In addition, Defendants misrepresent the Premium Care Theft-Gard to be a form of "warranty," but they fail to include the required disclosures under the Magnuson-Moss Warranty Act, and thereby violate that Act if the Premium Care Theft-Gard is considered to be a "warranty" or "service contract within the meaning of the Magnuson-Moss Warranty Act.
Regardless of its characterization, the Premium Care Theft-Gard, as marketed and sold by Defendants, is an unfair and deceptive act or practice.
Name (Stock Symbol)
Alexico Corporation distributes, sells and administers a service called Premium Care Theft Guard, which is a service that etches a identification number on a vehicle to aid in its recovery if stolen.
Fred Beans Ford Group
Fred Beans Ford Group owns and operates a series of automobile dealerships in Pennsylvania.
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