HAROLD W. VANN v. PATRIOT CDJR OF PRYOR, LLC d/b/a PATRIOT DODGE

IN THE DISTRICT COURT FOR TULSA COUNTY STATE OF OKLAHOMA HAROLD W. VANN, Plaintiff, v. PATRIOT CDJR OF PRYOR, LLC d/b/a PATRIOT DODGE; and CHRYSLER CAPITAL, a registered trademark of FCA US LLC and licensed to SANTANDER CONSUMER USA INC., Defendants. PETITION COMES NOW the Plaintiff, Harold W. Vann, and for his Petition against the Defendants, alleges and states as follows: PARTIES AND JURISDICTION 1. Plaintiff Harold W. Vann ("Vann") is an individual and consumer who resides at 304 Wilson Avenue, Tahlequah, Oklahoma 74464. Vann is a member of the Cherokee Nation. At all times relevant to this Petition, Vann's sole source of income was Social Security Disability Insurance ("SSDI") benefits in the net amount of approximately $924.00 per month. Vann's basic living expenses, including rent and utilities, are subsidized in part through assistance from the Cherokee Nation, and Vann receives Supplemental Nutrition Assistance Program ("SNAP") benefits for food. Vann reads at approximately a third-grade reading level and has significant difficulty reading and comprehending written documents. 2. Defendant Patriot CDJR of Pryor, LLC, d/b/a Patriot Dodge ("Patriot" or the "Dealership") is a domestic limited liability company in the business of selling new and used motor vehicles at its dealership located at 5425 S. Mill Street, Pryor, Mayes County, Oklahoma 74361. 3. Defendant Chrysler Capital, a registered trademark of FCA US LLC and licensed to Santander Consumer USA Inc. ("Chrysler Capital" or the "Lender") is a financial institution doing business in the State of Oklahoma as a lender, including providing financing for vehicles purchased from Patriot. Chrysler Capital maintains its principal place of business at P.O. Box 961275, Fort Worth, Texas 76161-1275. 4. This Court may properly exercise jurisdiction over the parties and subject matter of this action. 5. Venue is proper in this district. FACTUAL ALLEGATIONS The Deceptive Scratch-Off Mailer 6. In or about February 2024, Vann received a direct-mail promotional piece from Patriot CDJR of Pryor. The mailer prominently featured a scratch-off prize game designed to resemble a lottery ticket, with instructions to scratch the panels and match numbers to win prizes of up to $25,000. The mailer also included a confirmation code (1067474) and instructed recipients to call a phone number (918-894-6138) and enter their prize number to confirm whether they had won. A picture of the mailer is attached hereto as Ex. A. 7. Vann, who reads at a third-grade level, scratched the game piece and believed he had won $5,000.00. Vann was not in the market for a vehicle. At the time, Vann already owned a vehicle for which he was making monthly payments of approximately $200.00 to Chrysler Capital, and he had no intention of purchasing another vehicle. 8. Vann called the phone number listed on the mailer and entered his prize confirmation number as instructed. The Dealership confirmed over the phone that Vann was a winner and directed him to come to the Dealership in Pryor to claim his prize. Based on this confirmation and his belief that he had won $5,000.00, Vann traveled approximately one hour from his home in Tahlequah to the Dealership. 9. Upon arrival at the Dealership, rather than receiving $5,000.00, a salesman directed Vann to compare his number to a number posted on a wall display. The Dealership then informed Vann that he had not won $5,000.00, but had instead won only a $5.00 prepaid gas card. Notably, and unlike many similar promotional mailers, the fine print on Patriot’s mailer did not contain the typical exclusions, disclaimers, or language requiring “final confirmation” or “verification” at the Dealership that would have alerted Vann that his prize was not guaranteed. The Bait-and-Switch Sale 10. After informing Vann that his scratch-off prize was only a $5.00 gas card, the salesman asked Vann whether he was interested in any vehicles while he was there. Vann, who had traveled an hour under false pretenses, pointed to the same mailer he had received, which prominently advertised a 2018 white Ford F-150, Stock #2303614A, at a sale price of $20,000.00 with payments of $292.00 per month for 84 months at 6% APR, with an amount financed of $20,509.00. A picture of the advertisement is attached as Ex. B. 11. The salesman told Vann that the advertised white Ford F-150 was still in stock and that he was “in luck.” The salesman repeatedly assured Vann that his payments on the new vehicle “wouldn’t be much more” than the $200.00 per month Vann was already paying on his existing vehicle through Chrysler Capital. 12. Despite these repeated representations, Patriot did not sell Vann the advertised 2018 Ford F-150 at $292.00 per month. Instead, Patriot sold Vann a different, more expensive vehicle—a 2019 Ford F-150, VIN 1FTEX1EP0KE13745—at a cash price of $24,650.00, which was $4,650.00 more than the advertised price. The Retail Installment Sale Contract (“RISC”) executed by Vann carried monthly payments of approximately $801.76—nearly four times the $200.00 per month he was already paying, and far in excess of his entire monthly SSDI income of $924.00. 13. Vann was kept at the Dealership from approximately 1:30 p.m. until approximately 7:00 p.m.—a period of roughly five and one-half hours—on Saturday, February 24, 2024. During this time, Vann was never offered anything to eat or drink. The individual identified on the RISC as the “Sales Consultant” was Wayne Edward Buford, who was, upon information and belief, actually the Dealership’s finance manager, not a salesperson. 14. The sale documents were presented to Vann in a fanned manner, with the pages spread and layered so that Vann could not see the full contents of each document he was signing. Given Vann’s third-grade reading level, he was unable to read or comprehend the documents even under normal circumstances, and the fanned presentation ensured that neither Vann nor anyone assisting him could review the terms before signing. 15. Dealership personnel represented to Vann that they would pay all tax, title, and license fees associated with the transaction. Dealership personnel further represented that they would pay off Vann’s two existing signature loans—one with Western Finance and one with Red River, both located in Tahlequah, Oklahoma—totaling approximately $3,500.00. The Dealership never paid these loans. Vann’s Immediate Discovery and Attempts to Reverse the Transaction 16. Immediately after signing the documents, Vann reviewed the paperwork to the extent his limited reading ability would allow and recognized that something was seriously wrong with the numbers. Vann spoke with the finance manager, who confirmed that the monthly payment was approximately $801.76—not the amount “not much more than $200” that the salesman had repeatedly represented. 17. Upon learning the true payment amount, Vann immediately attempted to reverse the transaction that same day, Saturday, February 24, 2024. The finance manager told Vann it was “too late.” Vann then attempted to obtain help from three to four other Dealership employees, each of whom told him they could not help him. 18. On Monday, February 26, 2024—just two days after the purchase—Vann returned to the Dealership at approximately 8:30 a.m. and asked to speak with the finance manager. The salesman, Derek, told Vann he would have to wait because the finance manager had not yet arrived. Vann sat in the lobby and waited. 19. When the finance manager finally met with Vann, Vann asked him to explain the contract and how the payment could be so much higher than what he was told. The finance manager told Vann, “I don’t have time to go through and explain the contract to you,” and further stated, “Buyer’s remorse law does not apply in Oklahoma,” and “You’re going to have to get a job to pay for it.” The finance manager refused to explain the contract terms or discuss reversing the transaction. 20. When Vann persisted, telling the finance manager that he could not afford the vehicle and that he had been talked into the purchase and had no intention of trading in his existing car, the finance manager walked outside and began speaking to another person. Vann followed him. The finance manager told Vann, “You signed the contract,” and then pointed to the truck and said, “See that truck right there—that’s your baby. You need to get in your pickup and leave. I’m done talking with you.” 21. On Tuesday, February 27, 2024, Vann returned to the Dealership with his ex-wife, Ronda Vann, to again attempt to reverse the transaction. The visit was brief. The finance manager became angry and told them, “We are done,” and walked away, refusing to discuss the matter further. Intervention by Vann’s Sister and Complaint to Regulatory Authorities 22. Vann’s sister, Laverna, became involved in attempting to help Vann resolve the situation. Laverna contacted the Better Business Bureau (“BBB”), which advised her to contact the Oklahoma Motor Vehicle Commission. Laverna also attempted to contact the finance company, but the Dealership had provided Vann with the wrong finance company’s telephone number. When Laverna called the number the Dealership had given, the company on the other end had no knowledge of Vann’s account or the transaction. 23. On Friday, March 8, 2024, Laverna called the Dealership and spoke with a manager identified as “Corey.” She explained the situation, and Corey agreed to meet with them on Monday, March 11, 2024 at 3:00 p.m. The March 11, 2024 Meeting and the Unconscionable Release Agreement 24. On Monday, March 11, 2024, Vann and Laverna met with Corey at the Dealership. During the first interaction, Laverna showed Corey Vann’s SSDI benefit letter demonstrating his income of only $924.00 per month and asked how the Dealership could have sold him a vehicle with payments of $801.76. Corey stated he was willing to “buy the truck back.” When Laverna asked about Vann’s trade-in vehicle, Corey immediately responded, “His car is sold,” likely an untrue statement based on the time elapsed since his trade-in. 25. Upon information and belief, the Dealership did not have legal authority to sell Vann’s trade-in vehicle because Vann’s existing vehicle was financed through Chrysler Capital with an outstanding balance of approximately $6,000.00 to $8,000.00, and Vann had not surrendered the title to the Dealership. The Dealership had offered only $3,500.00 for the trade-in, far less than the amount owed. Laverna told Corey that the Dealership would have to absorb the loss on the trade-in. 26. When Laverna followed Corey and asked for a copy of the original purchase contract, Corey refused, telling her, “Nope, you don’t need it.” 27. During the second interaction, the Dealership sent a young employee identified as “Jacob” to present Vann with a document. Jacob told Vann not to read the document and instructed him to “just sign it right here,” while physically holding the document down on the table and placing the signature page on top. Jacob pointed to highlighted signature lines, stating, “The blue mark is for you to sign, the pink highlighter mark is for Laverna to sign.” Jacob further told Vann, “I need you to sign this form before we can start the other paper.” When Vann picked up the document, Jacob remarked, “Well, I guess you can read it.” 28. The document was a Release and Indemnity Agreement that contained, among other unconscionable provisions: (a) a non-disparagement clause prohibiting Vann from posting any negative review on any website, including Google, DealerRater, Yelp, AutoTrader, or any other platform; (b) a non-disclosure/non-complaint clause prohibiting Vann from filing any form of complaint with any bureau, agency, or outlet, including the Better Business Bureau, Attorney General, or Department of Motor Vehicles, and requiring removal of any complaint already filed; (c) liquidated damages of the greater of $5,000.00 or the consideration amount for any violation; and (d) a mandatory arbitration clause waiving Vann’s right to seek redress in any court. Notably, Jacob's instruction that Vann needed to sign the Release "before we can start the other paper" reveals that the Dealership contemplated additional documents beyond the Release and Indemnity Agreement as part of the proposed "buy back" transaction. However, the Release itself did not specify any dollar amount or define the terms of the purported buy-back. The document stated only "Buy Back F150" without identifying the purchase price, the total consideration to be paid to Vann, or whether any amount would be applied toward the outstanding balance owed to Chrysler Capital. The Release also required the signature of Laverna, who was not a party to the original transaction with Patriot and had no contractual relationship with the Dealership. Furthermore, given that Corey had already informed Vann that his trade-in vehicle had been "sold," the contemplated buy-back arrangement would not have included the return of Vann's traded-in vehicle — meaning the Dealership sought to obtain a full release of all claims, a waiver of all complaint and litigation rights, and a non-disparagement commitment, while offering Vann nothing more than an undefined "buy back" of the truck it had sold him under fraudulent circumstances, without restoring him to his pre-transaction position. A copy of the proposed Release and Indemnity Agreement is attached as Ex. C. 29. Laverna informed the Dealership that she would only agree to sign the Release if the Dealership returned Vann’s trade-in vehicle. The Dealership refused. 30. During a third interaction, another Dealership employee—described as a large man whose name is unknown—brought a second copy of the Release Agreement. When Vann asked about the $3,500.00 promised for his existing loans, this individual stated it “takes some time, 4–6 weeks.” He then spoke to Vann condescendingly, as if speaking to a child, and attempted to pressure Vann into keeping the truck. This employee also attempted to persuade Laverna to become a co-signer on the loan, to which Laverna refused. 31. When Vann and Laverna attempted to leave at approximately 3:30–4:00 p.m., Corey followed them outside the front entrance and aggressively tried to get them to come back inside. Corey directed his efforts at Vann, attempting to separate him from Laverna. Corey told Laverna, “You need to stay out of this!” and repeatedly urged Vann to come back inside without her. Corey became increasingly agitated, saying he had to “get all these numbers done before 5 p.m.” and continued attempting to lure Vann back into the Dealership. Both Vann and Laverna described the experience as feeling like a “hostage situation.” 32. Laverna was ultimately able to get Vann to leave the Dealership. Neither Vann nor Laverna signed the Release and Indemnity Agreement or any other documents that day. Chrysler Capital’s Knowledge and Complicity 33. At the time of the February 24, 2024 transaction, Chrysler Capital already maintained an open and active account for Vann for his existing vehicle, on which Vann was making monthly payments of approximately $200.00. By virtue of this existing account relationship, Chrysler Capital was intimately familiar with Vann’s financial circumstances, including that his sole source of income was SSDI benefits of approximately $924.00 per month. 34. Despite this knowledge, Chrysler Capital approved and funded the RISC for the 2019 Ford F-150, generating a total amount financed of approximately $29,379.00, with monthly payments of $801.76—a payment that consumed approximately 86.8% of Vann’s entire monthly income, and which, combined with his existing $200.00 monthly vehicle payment also owed to Chrysler Capital, would have totaled $1,001.76 per month—exceeding his total income of $924.00. Chrysler Capital knew or should have known that Vann could not afford this obligation and that the loan was destined to fail. 35. Chrysler Capital’s Statement dated March 6, 2024, Account Number 0027621208, confirms the account balance of $29,379.00, an estimated payoff of $29,530.71, and a monthly payment due of $801.76 due by April 9, 2024. Repossession and Ongoing Credit Damage 36. Vann made the vehicle available for return to both the Dealership and Chrysler Capital and requested rescission of the RISC. Neither the Dealership nor Chrysler Capital agreed to a voluntary rescission. 37. The vehicle was eventually repossessed from Vann’s home. Despite the repossession, Chrysler Capital continues to report the account negatively on Vann’s credit report, decimating his creditworthiness and his ability to obtain credit for basic necessities. 38. The Dealership never paid the $3,500.00 it promised toward Vann’s two existing signature loans with Western Finance and Red River, leaving Vann responsible for those obligations in addition to the damage to his credit from the Chrysler Capital account. FIRST CAUSE OF ACTION: FRAUD 39. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein. 40. Patriot, through its employees, agents, and representatives acting within the scope of their employment, made the following material misrepresentations of fact to Vann in connection with the sale of the 2019 Ford F-150: a. The promotional scratch-off mailer created the false impression that Vann had won a $5,000.00 cash prize, and the Dealership confirmed over the phone that Vann was a winner, luring him to the Dealership under false pretenses; b. The mailer advertised a 2018 white Ford F-150 at a sale price of $20,000.00 with payments of $292.00 per month, but the Dealership instead sold Vann a different model year vehicle at a cash price of $24,650.00 with payments of $801.76 per month; c. The salesman repeatedly represented that Vann’s payments on the new vehicle “wouldn’t be much more” than his existing $200.00 per month payment, when in fact the payments were $801.76 per month—more than four times the amount represented; d. Dealership personnel represented they would pay all tax, title, and license fees, which they failed to do; e. Dealership personnel represented they would pay off Vann’s two existing loans totaling approximately $3,500.00 with Western Finance and Red River, which they never did; f. The Dealership provided Vann with the wrong telephone number for the finance company, preventing him from contacting the Lender to dispute the transaction; and g. Dealership personnel presented the sale documents in a deliberately fanned manner to prevent Vann—who reads at a third-grade level—from reviewing or understanding the terms of the transaction, thereby concealing the true nature and terms of the agreement. 41. Each of these representations was false and was known to be false by Patriot’s employees at the time they were made, or was made with reckless disregard for the truth or falsity of the statements. 42. These representations were made with the intent that Vann would rely upon them in making his decision to purchase the 2019 Ford F-150, and Vann did in fact rely upon them to his detriment. 43. As a direct and proximate result of Patriot’s fraud, Vann has suffered actual damages including, but not limited to, out-of-pocket expenses, the difference in value between the vehicle as represented and as actually sold, loss of his trade-in vehicle on which he owed $6,000.00 to $8,000.00 and for which the Dealership credited only $3,500.00, the unpaid loan obligations that were promised to be paid, damage to his credit, embarrassment, humiliation, fear, anger, frustration, loss of time, and severe mental anguish. SECOND CAUSE OF ACTION: VIOLATION OF THE OKLAHOMA CONSUMER PROTECTION ACT (15 O.S. § 751 et seq.) 44. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein. 45. The Oklahoma Consumer Protection Act (“OCPA”), 15 O.S. § 751 et seq., prohibits unfair or deceptive trade practices in consumer transactions, including but not limited to: making false or misleading representations as to the characteristics, uses, benefits, or quantities of goods or services; representing that goods or services are of a particular standard, quality, or grade when they are of another; advertising goods or services with the intent not to sell them as advertised; and engaging in any act or practice which is deceptive, unfair, or unconscionable. 46. Patriot engaged in the following unfair, deceptive, and unconscionable trade practices in violation of the OCPA: a. Sending a deceptive promotional scratch-off mailer designed to create the false impression that the recipient had won a $5,000.00 cash prize, confirming over the phone that the recipient was a “winner,” and luring consumers, including Vann, to the Dealership under false pretenses, only to inform them upon arrival that they had won a $5.00 gas card; b. Advertising a 2018 Ford F-150 at a specific price ($20,000.00 sale price, $292.00 per month) with the intent to sell a different, more expensive vehicle ($24,650.00 cash price, $801.76 per month), constituting a classic bait-and-switch scheme; c. Repeatedly and falsely representing that Vann’s monthly payments would not be “much more” than his existing $200.00 per month payment when the actual payment was $801.76 per month; d. Taking advantage of Vann’s third-grade reading level, his status as a person whose sole income is SSDI, and his membership in the Cherokee Nation to induce him into a transaction he did not understand and could not afford; e. Presenting sale documents in a deliberately fanned manner to prevent Vann from reviewing or understanding what he was signing; f. Representing that the Dealership would pay off Vann’s existing loans totaling approximately $3,500.00 and pay all tax, title, and license fees, and then failing to do so; g. Providing Vann with the wrong telephone number for the finance company, thereby obstructing his ability to dispute the transaction with the Lender; h. Refusing to explain the terms of the contract when Vann returned two days after the purchase, telling him to “get a job to pay for it”; i. Attempting to induce Vann, a person who reads at a third-grade level, to sign an unconscionable Release and Indemnity Agreement without reading it, by physically holding the document down, placing the signature page on top, and instructing him to “just sign it right here”; j. Conditioning the resolution of Vann’s complaint on his signing a Release that would prohibit him from filing complaints, posting reviews, or seeking legal redress, and that imposed liquidated damages of $5,000.00 or more for any violation; k. Attempting to pressure Laverna into becoming a co-signer on the loan; and l. Engaging in high-pressure, coercive, and intimidating conduct toward Vann and his sister during their attempts to rescind or resolve the transaction, including attempting to separate Vann from Laverna, yelling at Laverna to “stay out of this,” and repeatedly attempting to lure Vann back into the Dealership. 47. The acts and omissions of Patriot constitute deceptive trade practices and unconscionable conduct in violation of the OCPA, 15 O.S. § 753. 48. Pursuant to 15 O.S. § 761.1, Vann is entitled to recover actual damages, and because Patriot’s conduct was willful, knowing, and in reckless disregard of Vann’s rights, Vann is entitled to recover enhanced penalties, and reasonable attorney’s fees and costs. THIRD CAUSE OF ACTION: LIABILITY OF CHRYSLER CAPITAL AS HOLDER UNDER THE FTC HOLDER RULE (16 C.F.R. § 433) 49. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein. 50. The purchase of the 2019 Ford F-150 was conducted through a Retail Installment Sale Contract (“RISC”) with Patriot arranging the financing through Chrysler Capital. 51. The RISC contains the following notice, as required by the Federal Trade Commission’s Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses, 16 C.F.R. § 433 (the “FTC Holder Rule”): NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 52. Chrysler Capital is the holder and/or assignee of the RISC and is therefore subject to all claims and defenses that Vann could assert against Patriot, including but not limited to claims of fraud, deceit, and violation of the Oklahoma Consumer Protection Act, with certain limitations on the amount of Chrysler Capital’s liability as set forth in the FTC Holder Rule. 53. Additionally, and independently, Chrysler Capital had actual knowledge of Vann’s financial circumstances by virtue of its preexisting account relationship with Vann for his existing vehicle, on which Vann was making payments of approximately $200.00 per month. Chrysler Capital knew that Vann’s sole source of income was approximately $924.00 per month in SSDI benefits. Despite this knowledge, Chrysler Capital approved and funded a second loan with monthly payments of $801.76, which—combined with the existing $200.00 monthly payment also owed to Chrysler Capital—totaled $1,001.76 per month, exceeding Vann’s entire monthly income. Chrysler Capital’s conduct in approving this loan was reckless, unconscionable, and undertaken with knowledge that the loan was predatory and destined to default. FOURTH CAUSE OF ACTION: UNCONSCIONABILITY 54. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein. 55. The RISC and the transaction as a whole are unconscionable under Oklahoma law. The transaction involved both procedural and substantive unconscionability: a. Procedural unconscionability exists because Vann reads at a third-grade level, the Dealership knew of and exploited this vulnerability, the sale documents were presented in a fanned manner to prevent review, the finance manager refused to explain the contract terms, Vann was kept at the Dealership for over five hours on a Saturday, the Dealership repeatedly lied about the payment amount, and the terms of the transaction were never meaningfully disclosed, explained, or understood; b. Substantive unconscionability exists because the monthly payment of $801.76 consumed approximately 86.8% of Vann's sole income of $924.00 per month, the cash price was $4,650.00 more than the advertised price for a different model year vehicle, the salesman falsely represented the payment would not be "much more" than $200.00, the promised benefits (loan payoffs, TTL payment) were never provided, the Dealership sold Vann's trade-in vehicle without proper authority and while Vann still owed $6,000.00 to $8,000.00 on it, and the Release and Indemnity Agreement sought to strip Vann of all rights to complain, review, or litigate while imposing punitive liquidated damages. 56. Vann alternatively demands rescission/revocation of acceptance/rejection of the RISC and all related agreements. DAMAGES 57. Patriot’s acts and omissions rise to the level set forth in Okla. Stat. tit. 23 § 9.1, entitling the Plaintiff to an award of punitive damages. 58. As a direct and proximate result of Defendants’ conduct, Vann has suffered actual damages including, but not limited to: out-of-pocket expenses; the difference in value between the vehicle as represented and as actually delivered; loss of his trade-in vehicle, on which he owed $6,000.00 to $8,000.00 and for which the Dealership credited only $3,500.00; the unpaid $3,500.00 in loan obligations the Dealership promised to pay; damage to his credit from the negative reporting by Chrysler Capital following repossession, which has decimated his ability to obtain credit; embarrassment; humiliation; fear; anger; frustration; loss of time; and severe mental anguish. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays for judgment against Defendants and for relief including: a. Actual damages in excess of $75,000.00; b. Punitive damages; c. Enhanced penalties under the Oklahoma Consumer Protection Act; d. Rescission/revocation of acceptance/rejection of the RISC and all related agreements; e. An order requiring Chrysler Capital to remove all negative credit reporting associated with the subject account; f. Attorney's fees as allowed per statute; g. Costs; and, h. All other and further relief this Court deems just and proper. Respectfully submitted, PARAMOUNT LAW CONSUMER PROTECTION FIRM [signature] Victor R. Wandres, OBA #19591 1202 E. 33rd Street Tulsa, OK 74105 (918) 200-9272 voice (918) 895-9774 fax ATTORNEY FOR PLAINTIFF JURY TRIAL DEMANDED ATTORNEY'S LIEN CLAIMED EX.A PREFERRED CUSTOMER, MATCH ACROSS TO WIN! WIN $25,000 CASH =WIN $5,000 CASH =WIN $1,000 CASH =WIN $100 CASH PULL OPEN ALL TABS ON CARD. MATCH ACROSS TO WIN! 3 GAMES PER CARD! 3 CHANCES TO WIN! WINNERS, CALL 918-894-6138 ENTER CONFIRMATION CODE: 167474 THEN PROCEED TO PATRIOT CDJR OF PRYOR TO CLAIM YOUR PRIZE! GAME! EX. B the is right OPEN HERE OPEN HERE PULL OPEN TABS. MATCH ACROSS TO WIN, 3 GAMES PER CARD. 3 CHANCES TO WIN! TR 81 PK 2 EX. B 2018 FORD F-150 $292 PER MONTH (Stk# 2303674A See Below) UP TO 2 TIMES TAX RETURN PATRIOT CDJR OF PRYOR 5425 S Mill St. • Pryor, OK 74361 EX. C RELEASE AND INDEMNITY AGREEMENT I, the undersigned, ________________________________, __________ (d.o.b.), for good and valuable consideration in an amount equal to $ Buying Back F150 , do hereby agree to release, hold harmless, and indemnify Patriot Dodge (hereinafter “Dealership”), any of their employees, agents, independent contractors, heirs, assigns, successors in interest, owners, stockholders, and any of the foregoing entities’ insurers and/or re-insurers for any and all damages allegedly arising out of the sale, negotiation for sale, or handling in any way whatsoever of a 2019 FORD F150 , more specifically described as VIN 1FTEX1ESOJKE12795 ("Vehicle"). By signing below the Parties do also affirm and understand that this Agreement is in no way to be construed as an admission of liability and/or guilt of any party here to but is merely executed in acknowledgment of the amicable settlement of these issues so as to forego the expense and inconvenience of litigation. The Parties further agree that if any party hereto chooses to disregard this Release and Indemnity Agreement and seek redress for the released damages or property/ownership rights in any Court of competent jurisdiction, or other means of dispute resolution, that that party will then be responsible for reimbursing any costs, fees, attorneys fees in the amount of $250.00 per hour, and interest expended or incurred by the party defending the validity and/or enforceability of this Release, any of that party’s employees, agents, independent contractors, heirs, assigns, successors in interest, and any of the forgoing entities’ insurers and/or re-insurers to enforce this Release and Indemnity Agreement. By signing below the Parties do also hereby confirm that they are waiving any and all of their heirs’, assigns’, agents’, and/or successors in interests’ right to seek redress for the released damages and/or property/ownership rights in any forum whatsoever against indemnify Patriot Dodge, any of their employees, agents, independent contractors, heirs, assigns, successors in interest, owners, stockholders, and any of the foregoing entities’ insurers and/or re-insurers for any and all damages allegedly arising out of the sale, negotiation for sale, or handling in any way whatsoever of a 2018 FORD F150 , more specifically described as VIN 1FTEX1ES0JKE12795 . The Parties do hereby further affirm that they are not signing this Agreement under any duress, undue influence, or coercion. They do hereby further state that my signature on this Agreement has not been obtained by any fraud or other wrongful activity. ______________________________ ________________________________ CUSTOMER NAME Date REVIEWS By signing this Release and Indemnity Agreement I agree that the Dealership has paid consideration to me (i.e. monetarily compensated me). Due to this fact, I hereby agree that I will not post any review on any website (including but not limited to google, yahoo, DealerRater, yelp, AutoTrader, etc.) describing my experience with Dealership. Further, I understand that by signing this Release and Indemnity Agreement I am agreeing to remove any previously posted review (or if the website does not allow you to remove reviews then I will update the previously posted review so that the same does not show as negative). ______________________________ ________________________________ CUSTOMER NAME Date COMPLAINTS By signing this Release and Indemnity Agreement I agree that I will not file any form of complaint with any bureau, agency, or other outlet (including, but not limited to, the Better Business Bureau, Attorney General, Department of Motor Vehicles, or Attorney General). I do further agree that if I have already filed such a complaint, then I shall remove the same immediately upon execution of this Agreement. ______________________________ ________________________________ CUSTOMER NAME Date LIQUIDATED DAMAGES By signing this Release and Indemnity Agreement I agree that should I violate any term of the same (including, but not limited to the Review provision above) then I shall owe, in addition to the attorney's fees recited above, liquidated damages in an amount equal to the greater of: 1) any amount paid as consideration hereunder, or 2) $5,000.00. I understand that this is required because of the fact that violation of this Release and Indemnity Agreement by myself may result in irreparable harm. ______________________________ ________________________________ CUSTOMER NAME Date ARBITRATION By signing this Release and Indemnity Agreement I further agree that I have no continuing right to seek redress in any court or other administrative agency. Further, I specifically agree that if I purchased the Vehicle from Dealership then I have previously executed an arbitration agreement (contained in my executed Purchase Agreement) making it so that the appropriate jurisdiction of said dispute would have been in front of an arbitrator in accordance with the terms of said arbitration agreement. ______________________________ ________________________________ CUSTOMER NAME Date