What if the dealer added GAP insurance or other products without my consent?
Florida law prohibits dealers from adding products to your contract without your knowledge and consent. If GAP insurance, an extended warranty, paint protection, tire-and-wheel coverage, or any other product appeared on your contract without your agreement, you may have a claim under Florida's FDUTPA.
Florida Statute § 501.976(10) specifically prohibits a licensed motor vehicle dealer from 'represent[ing] that a particular product or service has been ordered or is necessary when it has not been ordered or is not necessary.' This is a per se violation of FDUTPA — meaning you do not need to prove the conduct was deceptive; the statute declares it so.
The most common unauthorized add-ons are: GAP insurance (which covers the difference between what you owe and what the car is worth if it is totaled or stolen); extended service contracts or warranties; paint and fabric protection; tire-and-wheel coverage; credit life or disability insurance; and nitrogen tire inflation. These products can add hundreds or thousands of dollars to the total cost of the vehicle.
Dealers sometimes add these products in the finance office, after you have already agreed on the vehicle price. The finance manager presents a stack of documents and moves quickly through them, relying on the consumer not to read every line. If you did not specifically agree to a product and its cost, its inclusion in your contract may be unauthorized.
If you discover unauthorized products on your contract, the first step is to review your buyer's order and retail installment sales contract carefully. Compare what you agreed to in the sales negotiation with what appears in the final contract. If there are products on the contract that you did not agree to, document this discrepancy in writing.
Remedies for unauthorized add-ons under FDUTPA include a refund of the amounts charged for the unauthorized products, plus attorney's fees and costs. In some cases, the dealer's conduct may also support a claim for rescission of the entire contract. Contact an attorney to evaluate your specific situation.