Legal Question in Consumer Law in North Carolina
Can a used car dealer legally install a tracking device on a car when selling the car to a buyer in a purchase money exchange? Must he remove the device if so requested by the purchaser?
1 Answer from Attorneys
You do not give me enough facts. Are you financing the car? And what kind of a tracking device is being installed? Is it something like "OnStar?" In that case, you do not have to activate the OnStar service.
I have heard of cases of people with bad credit where the dealer finances the car and installs a kill switch. If the person does not pay, the dealer activates the switch and gets the car. Perhaps this is now being extended to all those who are financing their car purchase. I would assume that the device is removed when the car loan is fully paid for.
I have not had this issue come up before, but I see nothing illegal per se in what they are doing. Its not a violation of the wiretap act if they install the device while they own the car as only one party need con sent in NC. If you do not agree to the terms, then buy a used car at some other place.
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