Route 111 Auto Sales, Inc. Signs Assurance of Discontinuance

Concord, NH – Attorney General John M. Formella announces the acceptance of an Assurance of Discontinuance with Route 111 Auto Sales, Inc. to resolve an investigation of allegations of unfair and deceptive acts or practices committed at the Route 111 Auto Sales dealership in Hampstead.  The Assurance was filed and accepted by the Merrimack Superior Court on August 14, 2024.

The Assurance resolves an investigation by the Consumer Protection and Antitrust Bureau into the business practices of Route 111 Auto Sales following multiple consumer complaints against the dealership.  Each of the named consumers purchased a vehicle from Route 111 Auto Sales, Inc. that had not passed a New Hampshire safety inspection.  The investigation focused on two acts or practices of Route 111 Auto Sales with relation to the sale of uninspected vehicles.

Used Motor Vehicle Form (RDMV 950)

Under RSA 358-F, before selling a used motor vehicle which is unsafe for operation, a dealer must inform the consumer of the right to request an inspection for a reasonable fee and, if applicable, be provided with a list of defects that must be corrected before an inspection sticker will be issued.  The consumer also may choose to decline a vehicle inspection prior to purchase.  The dealer must obtain written acknowledgment from the consumer regarding notification of their rights, typically accomplished through the use of the Unsafe Motor Vehicle Form (RDMV 950).

The investigation revealed that although the named consumers signed the Unsafe Motor Vehicle Form which declined an inspection, the form was presented to the consumer with the box declining a state inspection pre-checked.  The consumer was not provided the opportunity to affirmatively check the box declining an inspection.

The FTC Used Vehicle Rule

The FTC Used Vehicle Rule requires automobile dealers to display the FTC Buyers Guide prominently and conspicuously in any location on a vehicle for sale and in such a fashion that both sides are readily readable.  The Rule also requires that any Service Contract or Other Used Vehicle Warranty must be disclosed on the Buyer’s Guide.

The investigation revealed that Route 111 Auto Sales, Inc. failed to display the FTC Buyer’s Guide in any location on the vehicles purchased by the named consumers.  The Buyers Guide was presented to the consumer at the time of purchase.  In addition, the Cars Protection Plus service contract was not disclosed on the FTC Buyers Guide either as a Service Contract or Other Used Vehicle Warranty.

In the Assurance of Discontinuance, Route 111 Auto Sales, Inc.is required to: 

• When selling an unsafe vehicle, present consumers with the Unsafe Motor Vehicle Form without pre-checking the checkbox declining the inspection.  Customers must have the option to manually check the box declining inspection prior to signing or elect to have the vehicle inspected.
• To comply with the FTC Used Vehicle Rule, including but not limited to properly completing the FTC Buyers Guide to include disclosure of any warranty service contract and to display the FTC Buyers Guide prominently and conspicuously in the window of vehicles for sale on the car lot in such a fashion that both sides are readily readable.
• Pay a $5,000 fine in lieu of civil penalty;
• Pay $38,193 in restitution to five (5) named consumers;
• Reimburse the Attorney General $6,807 in investigative and legal costs.

This case was investigated by Assistant Attorney General Mary F. Stewart and Investigator Frederick Lulka of the Consumer Protection and Anti-trust Bureau.

If you or someone you know has experienced unfair or deceptive acts or practices by a business, contact the Attorney General’s Office Consumer Protection and Antitrust Bureau (DOJ-CPB@doj.nh.gov) or call 1-888-468-4454.