We’ve all wanted to get “even” with a car dealer before. It’s okay to admit it. When it comes to dealing with a big business like a new car showroom, though, it can be tough. One woman from Ohio found a very novel way to strike back. When a local Kia dealer repossessed her Kia K5 (not for missed payments), Tiah McCreary wanted to get even.
Kia
- Founded
-
June 9, 1944 (as Kyungsung Precision Industry)
- Founder
-
Kim Cheol-ho
- Headquarters
-
Seoul, South Korea
- Owned By
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Hyundai Motor Group
- Current CEO
-
Ho Sung Song
So she fought a big business in the best way possible. Using a mistake in the paperwork and some legwork, she actually took the name of the dealership and registered it as her own. Her own business name, that is. Not her given name.
You May Take My Car, But You’ll Never Take My Freedom Your Name!
Sometimes the only thing a business has is its name. Good or bad, or just a family name, a lot of brand equity is invested in the name of any business. Reputation yes, but it goes beyond that. Contracts, ownership, banking, even down to stationary, a business puts its name everywhere. Now the Lima Kia dealer formerly known as Taylor will need to make a deal, or find a new name. Here’s what happened.
In February 2024, Court News Ohio (h/t Road & Track) reports Tiah McCreary went into Taylor Kia where she bought a 2022 Kia K5. The store’s finance manager arranged financing through Global Lending Services. With preliminary approval from the lender, McCreary took the new-to-her Kia home.
However, GLS allegedly concluded it didn’t have enough information to finalize the loan. A month later, Taylor Kia repossessed it from McCreary while she was at work. It’s not clear exactly what transpired between the day of the sale and the repossession, nor what the lines of communication were during those weeks. Ultimately, McCreary was not happy and was evaluating her legal options against the dealer when she discovered something. The name Taylor Kia of Lima had been canceled by the state. The owner, Taylor Cadillac, had not submitted a renewal application.
McCreary registered the name herself, then sent a cease-and-desist letter to the dealer. The dealer did not cease or desist, so McCreary took the company and the lender to court, claiming fraud, conversion, and unjust enrichment. Hilariously, she also went for an injunction to stop the dealer from using the name without consent.
The Real Winners: The Lawyers
The dealer played what it thought was a trump card: binding arbitration. The sales contract McCreary allegedly signed contained an agreement that any issues would be settled through arbitration and not in court. The court agreed, but McCreary did not.
According to Court News Ohio, McCreary appealed. The argument was that the car deal might be covered by the arbitration agreement, but her claim to the name was not. “Since this claim does not fall within the scope of the arbitration agreement, this claim should not have been dismissed and sent to arbitration,” the Third District concluded, awarding McCreary the appeal.
What happens now? It’s back to court, of course. We’re not sure how this suit will end, but it will be interesting and expensive for everyone involved. A quick check of Ohio state registrations shows that earlier today, a new filing was made for Taylor Kia of Lima as a trade name. The application doesn’t identify the owner, but it does give a registered address with a street that doesn’t exist. Someone involved with the dealer might need to brush up on their paperwork skills. In the meantime, it’s probably wise to not take a Kia from Tiah.
Source: Court News Ohio
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