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Dealership Privacy Issue

Discussion in '2nd Gen. Tacomas (2005-2015)' started by StayGould13, Oct 30, 2013.

  1. Oct 30, 2013 at 12:09 PM
    #21
    StayGould13

    StayGould13 [OP] Well-Known Member

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    hahahaha
     
  2. Oct 30, 2013 at 12:10 PM
    #22
    ziggynagy

    ziggynagy All Glory To The Hypnotoad

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    Pretty much not releasing it again. Can't think of any civil litigation unless you can show damages (harassing phone calls, distress, etc) or that the act was egregious.
     
  3. Oct 30, 2013 at 12:12 PM
    #23
    Iggy

    Iggy Vagabond Outdoors

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    ^ Agreed.

    That's probably all that can happen, but at least they won't do it again, at least without getting consent first.
     
  4. Oct 30, 2013 at 12:12 PM
    #24
    SpacemanSpiff

    SpacemanSpiff Well-Known Member

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    Bookmarked to see what happens.
     
  5. Oct 30, 2013 at 12:24 PM
    #25
    DaVikes

    DaVikes Well-Known Member

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    Report the dealership to the BBB and the state's attorney generals office. Also check to see if there is a state agency responsible for licensing car dealers. (There is in states I've lived in.) They would know the regulations that the dealer is supposed to abide by. And you can probably report the dealer to them too. You most likely won't get anything of value out of it, as I don't think you have any damages. But the dealership should be punished. If you can't get money, get revenge.
     
  6. Oct 30, 2013 at 12:39 PM
    #26
    Bobbb

    Bobbb "Rumors of Bob, but never Bob. It is Bob, right?"

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    As would I, but that's not the real point here. How the dealership should have handled this, would be for them to tell the new owner that they'd contact the OP and ask if he would mind them sharing his info. If he said no, then that's that and the new owner is on his own. If the OP says they can give them his info, then--and only then--should the dealer be sharing this.
     
  7. Oct 30, 2013 at 12:41 PM
    #27
    whahahajr

    whahahajr Lone Star Club

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    I know at my work if we have even a piece of paper out with some ones info it could be up to a $10k fine depending on what's on it.
     
  8. Oct 30, 2013 at 1:36 PM
    #28
    beondwacko

    beondwacko Well-Known Member

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    Calling corporate Toyota sounds nice and official,,,,,, but it won't work.
    The manager of the dealer himself call call you every name in the book and you can call corporate,,,,,,, but it won't work.

    Here's corporate Toyota's fit everything response that you will most likely get. "Every dealer is independently owned and operated"

    This happened to me in 08' about a month after I got my truck and was seriously abused by the actions of a dealer employee. Corporate Toyota could give a flying (&*^(*&.

    Good luck. BTW,,,,, it wasn't Palm Beach Toyota was it?? The only way to get any decent response out of that dealer is if you speak it in spanish.
     
  9. Oct 30, 2013 at 1:45 PM
    #29
    BamaToy1997

    BamaToy1997 Wheel Bearing Master

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    Everyone knows by now that I will try and defend dealerships in a lot of cases. This is NOT one of them. I will say without a shadow of doubt that they should have NEVER released your contact information to the purchaser. Perhaps this is not a LEGAL condition, but it is certainly a MORAL one.


    Exactly this! Bobbb, you beat me to it.




    I found this information on a FTC (Federal Trade Commission) website. I only quote a section of it found here.
    At some point you had to have signed a privacy statement. Find your copy, as they are required by law to give you a copy. Then read it.

    From what I have read there is no statute of privacy, unless the dealership used specific information about financing a vehicle to you. Since they could EASILY state that they used the information from your trade in paperwork, and not your purchase paperwork, they can most likely legally defend their actions. Either way, DAMN immoral of them to say the least.
     
  10. Oct 30, 2013 at 1:48 PM
    #30
    StayGould13

    StayGould13 [OP] Well-Known Member

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    Ha! Worse....it was a Miami dealer...just imagine :)
     
  11. Oct 30, 2013 at 1:55 PM
    #31
    brochacho

    brochacho Well-Known Member

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    sub'd for outcome....
     
  12. Oct 30, 2013 at 1:55 PM
    #32
    StayGould13

    StayGould13 [OP] Well-Known Member

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    Thanks for the info...I agree I probably dont have much to gain from the situation, but it certainly wont stop me from trying :) Hopefully my complaint causes them to tighten up their business practices at least...
     
  13. Oct 30, 2013 at 2:41 PM
    #33
    ziggynagy

    ziggynagy All Glory To The Hypnotoad

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    They don't even have to go that far. The law in reference is the Gramm-Leach-Bliley Act which only restricts what information you can share IF you identify the individual received/applied for financing thru the dealer. So theoretically the dealer can share your information so long as they don't identify that you financed/leased.

    Devil's in the details.
     
  14. Oct 30, 2013 at 2:48 PM
    #34
    BamaToy1997

    BamaToy1997 Wheel Bearing Master

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    That law was one of the things that my posted information was referencing. There is more details to that as well.
     
  15. Oct 30, 2013 at 2:57 PM
    #35
    SoCaltaco65

    SoCaltaco65 Well-Known Member

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    However, they must also notify you of your right to opt out as well. Likewise a customer being granted personal information thru the dealer violates the unaffiliated parties statement as another customer is not a Financial institution affiliate.


    The notice must also identify the consumer’s right to opt out of the information being shared with unaffiliated parties pursuant to the provisions of the Fair Credit Reporting Act. Should the privacy policy change at any point in time, the consumer must be notified again for acceptance. Each time the privacy notice is reestablished, the consumer has the right to opt out again. The unaffiliated parties receiving the nonpublic information are held to the acceptance terms of the consumer under the original relationship agreement. In summary, the financial privacy rule provides for a privacy policy agreement between the company and the consumer pertaining to the protection of the consumer’s personal nonpublic information.

    http://en.wikipedia.org/wiki/Gramm-Leach-Bliley_Act#Financial_Privacy_Rule
     
  16. Oct 30, 2013 at 4:29 PM
    #36
    BamaToy1997

    BamaToy1997 Wheel Bearing Master

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    The FCRA only applies when the information was obtained from a purchase/credit report. It does not affect information obtained on the trade-in form.
     
  17. Oct 30, 2013 at 4:37 PM
    #37
    theredofshaw

    theredofshaw Well-Known Member

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    X2, but under my own terms, not the dealer's. If the dealer had called me and asked to help troubleshoot something I installed, no big deal but the fact that they just blatantly gave up the info is what would bother me...Are they giving out my SSN and address to whoever asks for it too?
     
  18. Oct 30, 2013 at 4:57 PM
    #38
    Simon's Mom

    Simon's Mom Wag More Bark Less

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    Exactly!
    Someone stepped on it big time at that dealership. Hope you get it straighten out op.
     
  19. Oct 30, 2013 at 5:49 PM
    #39
    StayGould13

    StayGould13 [OP] Well-Known Member

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    Thanks...Ill post again, as I know more...appreciate everyone's input!
     
  20. Oct 31, 2013 at 6:39 AM
    #40
    ABA180

    ABA180 It burns when I pee....

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    I'd maybe call the guy back who called you and ask a little more about how he got your information, and what else they found.

    Have to agree with Bama, best case it's not ethical at all.
     

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