The car dealership put a tracker on my car with my permission. I checked me sale of contract and no where on their stats they were putting a GPS tracker on my vehicle. Is this against Tennessee laws?
Lemon Law Attorney
I am not an attorney in TN, and the installation of GPS tracking devices by lenders into the borrower's car is a very controversial topic, and there may or may not be a specific statute governing this topic in your state.
You wrote they: "put a tracker on my car with my permission." Did you me with? or without? If you consented, the consent should be in writing. Without a written consent, you may have a claim for invasion of privacy or other cause of action against the dealer/lender.
Consult with a auto fraud attorney in your state. You can find one here: www.naca.net
I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.
Lemon Law Attorney
Generally it is not illegal for a buy here pay here lot to install a GPS tracking device on a car that they sell, although they usually have the consumer sign papers acknowledging that they know it is on the vehicle. There is some debate among attorneys though on whether or not doing that violates certain credit rights laws but in most states that legal question is not settled yet. You need to talk to a local Consumer Law attorney near you who deals with car sales fraud or Consumer Law. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com
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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
Did your contract limit where you can take the car? If so, you may have agreed to be tracked for that purpose.
Are you on a rent-to-own or lease program? If so, you may have agreed to be tracked so they know where their vehicle is.
Take Mr. Burdge's advice and talk to a local lawyer who handles consumer and privacy claims. You never know.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.