Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts
Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts
Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts
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Background<br />
Class Action Complaint<br />
Petitioner <strong>Anthony</strong> <strong>Frazier</strong> commenced this action by filing a complaint in the Circuit<br />
Court for Montgomery County on July 27, 2007, naming Respondent Crystal <strong>Ford</strong> Isuzu,<br />
<strong>Ltd</strong>. (“Crystal <strong>Ford</strong>”) as defendant. 1 The complaint alleged that Crystal <strong>Ford</strong> sold Mr. <strong>Frazier</strong><br />
an extended warranty for his 2003 <strong>Ford</strong> Explorer on or about December 23, 2004. According<br />
to the complaint, the salesperson told Mr. <strong>Frazier</strong> that the extended warranty would last for<br />
48 months from the date of purchase or 100,000 miles, whichever occurred first. In fact, the<br />
duration of the type of extended warranty sold to Mr. <strong>Frazier</strong> was calculated from the “build<br />
date” of the automobile. 2 As a result, the extended warranty actually expired on October 30,<br />
2006, more than 2 years earlier than Mr. <strong>Frazier</strong> had been led to believe.<br />
The complaint alleged that, because the warranty expired earlier than promised, Mr.<br />
<strong>Frazier</strong> incurred unanticipated repair expenses when he had his car serviced within the fouryear<br />
period following purchase of the warranty. According to the complaint, when Mr.<br />
<strong>Frazier</strong> complained to Crystal <strong>Ford</strong>, the salesperson advised that there was nothing she could<br />
do, as the actual terms of the warranty contract measured the four years from the “build date”<br />
1 Subsequent to the events that led to this litigation, Crystal <strong>Ford</strong> operated under the<br />
name “<strong>Castle</strong> <strong>Ford</strong> <strong>Ltd</strong>.” For the sake of simplicity, we adopt the same convention as the<br />
parties and will refer to the Respondent as “Crystal <strong>Ford</strong>.”<br />
2 Crystal <strong>Ford</strong> concedes that it erred in explaining the warranty to Mr. <strong>Frazier</strong>.<br />
According to Crystal <strong>Ford</strong>, due to the number of miles recorded on his car’s odometer, Mr.<br />
<strong>Frazier</strong> received a new car warranty that ran from the “in-service” date of the vehicle rather<br />
than a used car warranty that would have run from the date of purchase of the warranty.<br />
2