Here's some good news for people who just can't get enough of videotaped depositions in civil lawsuits: The depo of Mac Haik Ford's chief financial officer is back on YouTube.
Some history: In 2007, a woman named Elizabeth Harper sued the auto dealership for fraud after she learned it didn't disclose all of her financing terms. She apparently was so outraged at CFO Jeffrey Heath's explanation of why the dealership tacked on an extra three percent to her interest rate that she decided to post a highly edited version on YouTube. In the six-minute sample of Heath's depo, he says that while Harper qualified for a 7.5 percent interest rate, the dealership told her she qualified for a 10.5 percent rate. Heath goes on to explain that the 7.5 percent rate was "conditional," and that conditional rates are not disclosed to customers. The dealership would keep 75 percent of the difference; the credit union would get the balance, Heath says in the clip. Responding to a question by Harper's attorney, Jeffrey Weinstein, Heath says "It's not a kickback, it's a fee."
Attorneys for Mac Haik sought to have the clip removed - a request granted earlier this month by Harris County Court-at-Law No. 4 Judge Roberta Lloyd. But as of Monday, the clip is back up, and thanks to Texaslawyer.com's Tex Parte blog, we can all get a sneak peak at Mac Haik Ford's customer financing policy. Although keep in mind: this is a subjectively edited clip - Heath may have gone into greater detail about the extra three percent*. We just don't know.
-- Craig Malisow
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*This blog does not include any government fees or taxes, and the MSRP does not include licensing fees and is available only at participating locations. Furthermore, it is possible that, at some point in the deposition, Jeffrey Heath invited some orphans into the room and gave them Christmas presents. He also may have at one point nursed a dying puppy back to life. Because of the edited nature of the clip, Hair Balls is not able to post such portions - if they even exist - and is heretofore absolved of all liability.