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Court: Eight District Court of Appeals
Plaintiff's Counsel: David M. Paris, Brenda M. Johnson
Court of Appeals Affirms Class Action Certification Against Spitzer Dealership
On April 3, 2003, the Cuyahoga County Court of Appeals affirmed the certification of a class action against Ohio Spitzer dealerships. The Plaintiffs have alleged that Spitzer fraudulently charged its purchasers and lessees a $97.50 fee for “dealer overhead.” Spitzer used to call this charge a “delivery and handling” fee until the Ohio Attorney General advised them it was an improper charge. Spitzer merely changed the title of the surcharge despite other Attorney General opinions that state charges to consumers for a dealer’s “overhead” were improper. The class consists of at least 100,000 consumers in the state of Ohio.