Can a used auto dealership legally put a tracking device without consent that requires a code to start?

UPDATED: Jul 27, 2012

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Can a used auto dealership legally put a tracking device without consent that requires a code to start?

I would like to know if a dealership can put a device in my vehicle the requires a code for each payment they receive and if it’s late do they have to rights to shut down it? They are currently refusing my payment but the require me to drive my vehicle to the dealership to see if its in my possession. I have received a repossession letter stating for me to make a payment but when I tried to make the payment they are asking me for more that what is written. I feel like its a way to take my vehicle away when I am within the days to make the payment.

Asked on July 27, 2012 under General Practice, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the written agreement that you signed for the purchase of the vehicle that you are writing about states that the seller could place a device in the vehicle requiring a code for each payment received and if payment is late the car can be shut down, then the device is legal under the laws of all states in this country.

The reason is that you agreed to the terms of the contract with respect to the purchase of the car and signed the document. If you did not sign any documentation allowing what is being done, then the device on the car is improper.

I suggest that you may want to consult with an attorney that practices consumer law for further questions that you may have.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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