Seekamp v. Fuccillo Automotive Group (U.S. District Court, Northern District of New York, Case No. 09-cv-00018-LEK-DRH)

In a class action lawsuit alleging auto insurance fraud, Lemberg & Associates is representing Heidi Seekamp from Latham, New York. The suit alleges that a dealership in the Fuccillo Automotive Group illegally sold her a warranty on a car she purchased. The suit claims that Fuccillo Hyundai in Schenectady, New York, sold Ms. Seekamp a $295 service in which they etched the VIN onto the car window to deter theft. She was told that if the car was stolen and then deemed a total loss or unrecoverable, the warranty would guarantee that the dealership give her a discount of up to $2,000 to purchase a replacement vehicle. According to Seekamp, she was told that all Fuccillo vehicles come with window etching and that she must purchase the program as part of the sale.

The lawsuit claims that the New York State Insurance Department has long considered such services to be insurance policies because they provide a benefit to the purchaser in the event of damage or loss unrelated to mechanical failure. State law requires that anyone selling such a service be licensed to sell insurance in New York.

Universal Automotive Services, Inc., through which Fuccillo sold the insurance, is a New Jersey company that is not licensed to sell insurance in New York. The suit alleges that, to get around the law, Fuccillo told customers the service was a "warranty.”

The suit alleges that Fuccillo Automotive Group and Universal Automotive Services knew that the sale of the etching “insurance” was deceptive and they conspired to sell it to unsuspecting consumers with the intent of profiting from their deception. The theft-deterrent value of etched products is also questionable, since every car sold in the United States must have its VIN permanently installed on eighteen specific locations. The VIN is then registered with the state, the consumer’s insurer, and in the event of a vehicle theft, the National Crime Information Center (NCIC).

The class action suit applies to numerous individuals because it is believed that the service was offered to customers at all Fuccillo dealerships.

The motion for class certification has been granted

Join the Class Action

If Fuccillo Hyundai in Schenectady sold you a service to etch your Vehicle Identification Number (VIN) onto your car window, complete the form below or contact our office toll-free at 855-301-2100. We’ll review your case absolutely free and help you understand your options.

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