Negligent/Discriminatory Practices and Indifferent Treatment by Toyota Franchises

April 15, 2009

 

Toyota Motor Sales USA

Mr. Yuki Funo, CEO Toyota North America

19001 So. Western Ave., Dept. WC11

Torrance, California 90509

 

Toyota Financial Services

Mr. George Borste, President & CEO

19851 So. Western Avenue

Torrance, California 90509

 

Account Number: 03-0612-CF718

 

My name is Fred Nance Jr. My wife, Darlene Bouyer-Nance, leased a 2008 Toyota Camry from Orland Park Toyota in Illinois. This is Darlene’s 2^nd or 3^rd lease vehicle from Orland Park Toyota. Darlene went to River Oaks Toyota in Calumet City, Illinois to have this car serviced. Darlene was considered the purchase of a new car from Toyota.

 

2008 Toyota Camry Repair:

 

On or about April 7, 2009 Darlene took her “leased” 2008 Toyota Camry to River Oaks Toyota in Calumet City, Illinois. Darlene informed the service advisor (Demetric Campbell #329 is on the receipt/invoice) that her trunk would not open without inserting the key in the trunk lock. The service advisor informed Darlene he inspected the car and found that the latch was broken and inoperative. The service advisor informed Darlene River Oaks Toyota would have to order a trunk latch for the car. Attached is the paid receipt with the note “…needs a trunk latch.”

 

On or about April 8, 2009 Darlene and I took this “leased” 2008 Toyota Camry to the service department of Orland Park Toyota in Orland Park, Illinois. We explained to a service department employee that the trunk would only open with a key. The service department employee examined the car to see if it would open when lifting the latch inside the car. When it did not open, the service department person took the key to the car, inserted it in the trunk lock and turned it counter clockwise. After performing this task, the service department person went to the latch inside the car, pulled it up and the trunk opened. This service department person informed us that someone had put the trunk in “valet” mode. We have not gone anywhere where a valet serviced this car. Generally, I park the car to save money.

 

New Car Purchase:

 

On or about April 7, 2009 my wife engaged an African American salesperson at River Oaks Toyota to buy a new car, while her 2008 Toyota Camry was being serviced. This salesperson conducted a credit check, approved and qualified Darlene to “purchase” a 2009 Toyota Camry for approximately $24,000.00 with a $525.00 monthly payment for 60 months. This salesperson inspected the 2008 Toyota Camry and informed Darlene she would receive a $1700.00 rebate when she turned in the “leased” 2008 Toyota Camry. Darlene wanted to purchase the new Toyota Venza, but was informed she did not qualify for it even though her annual gross wages is $67,000.00.

 

On or about April 8, 2009 Darlene and I took her “leased” 2008 Toyota Camry to Joe Rizza Ford in Orland Park, Illinois engaging a Hispanic male as our salesperson. My wife was approved and qualified to purchase a 2010 Ford Truck for approximately $25,000.00 with a $4000.00 rebate. The Ford salesperson informed Darlene that she was “upside down” in her leased 2008 Toyota Camry. Nevertheless, the salesperson informed Darlene there would be no problem with her purchasing a car from them.

 

On or about April 8, 2009 Darlene and I entered the “showroom” of Orland Park Toyota in Orland Park, Illinois seeking to “buy” a new Toyota, which was the down the street from Joe Rizza Ford. We engaged salesperson Mr. John Tinault. Hector Torres greeted and engaged us as we stated our business for the day was to get out of the “leased” car and purchase a car. Mr. Torres stated he would have someone examine the lease as Mr. Tinault serviced us in choosing a car.

 

Darlene chose a 2010 Toyota Corolla for her purchase. The approximate cost of the car was $24,000.00. Mr. Tinault took Darlene’s personal information, filled out an application and took it to Mr. Torres. Mr. Tinault returned informing Darlene she did not qualify to return her “leased” car and buy a new car. We asked for an explanation, but Mr. Tinault refused an explanation but continued informing Darlene she did not qualify to return her “lease” car and purchase a new car. I asked Mr. Tinault for his business card. Mr. Tinault gave me an Orland Toyota business card where inserted his name stating he was a new employee and did not have business cards.

 

Negligent/Discriminatory Practices and Indifferent Treatment

 

River Oaks Toyota continues to manufacture false damages in their customer’s cars to promote their nefarious acts of deception and negligence. I talked to a previous salesperson of River Oaks Toyota who reports discussions between management and salespersons on their deceptive practices; reporting possible payoffs to officials and police officers of Calumet City, Illinois.

 

River Oaks Toyota continues its deceptive, negligent and unprofessional business practices. I wrote a letter to Mr. Jim Lebo in September of 2005 addressing these practices. I wrote a letter dated October 5, 2005 to the Office of the Attorney General, State of Illinois, Lisa Madigan Attorney General and Ms. Dolores Rodman, Citizen Advocate, Consumer Protection Division reporting these deceptive practices.

 

Orland Park Toyota continues its nefarious acts of retribution and retaliation against its customers. I wrote a letter to Mr. Yuki Funo and Mr. George Borste dated March 27, 2006 reporting a biased analysis of the 2003 Toyota Corolla Darlene “leased” from Orland Park Toyota. I have written other letters detailing these practices. It is our belief that we are being discriminated against and are being treated indifferently by Orland Park Toyota.

 

River Oaks Toyota and Joe Rizza Ford talked about the lease car being “upside down” in its worth. We have a lease agreement for 3 years, starting December 7, 2007 and ending on December 6, 2010. We are allowed 15,000 miles per 12 month period. River Oaks Toyota and Joe Rizza Ford offered rebates to off-set the difference of the worth of the “leased” 2008 Toyota Camry. Orland Park Toyota has rebates, but refused to give or offer Darlene their rebates. This is a retaliatory act against us. This discriminates against us. This is retribution for the letters I have written regarding their dealership services to us.

 

Mr. Funo and Mr. Borste: What will you do about these issues? What are our alternatives? What will you do about these dealerships operating in this manner, which reflects upon the integrity of Toyota? Does this issue rise to the level of arbitration? Also, please explain the “Optional Guarantee Automobile Protection and Optional Mechanics Breakdown Protection” that Darlene initialed on her “Motor Vehicle Lease Agreement Illinois.”

 

Gentlemen, pursuant to the “Fair Credit Act” I expect to receive a letter “detailing” why Darlene was refused purchase of the Toyota Camry from Orland Park Toyota in Orland Park, Illinois.

 

Respectfully submitted,

 

Fred Nance Jr., ABD, MA, CADC, NCRS  

 

cc:

 

http://clickforjusticeandequality.blogspot.com/

http://clickforjusticeandequality.wordpress.com/

Jim Lebo, General Manager River Oaks Toyota

Jess Jowalis, General Manager Orland Park Toyota

Toyota Financial Services

Equal Employment Opportunity Commission: Illinois Department of Corrections and WestCare Foundation, Inc. Discriminatory Practices

January 29, 2009

Honorable President of the United States
Mr. Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

CERTIFIED MAIL

Re: Bias and Prejudice Investigation by the Equal Employment Opportunity Commission

Mr. President:

Please excuse me from taking your valuable time away from governing our country, but I must submit this writing seeking advocacy for shared beliefs in an honorable employment system free from discrimination and indifferent treatment along with responsible government intervention when an employment entity compromises the laws governing employment practices. At this time in your Presidency, it appears your priorities are focused on the economy and employment. This writing addresses both priorities. You signed a bill today, January 29, 2009, requiring women to get equal pay in employment, which also expands the time for filing discrimination claims. The lady to whom the bill reflects battled the powers to be for equal rights and pay for everyone. My fight is similar. I have been battling with the powers to be for equal employment under the law.

Background/History with the Illinois Department of Corrections:

First, I have been subjected to discrimination, marginalized and retaliated against because of my non-violent criminal drug convictions in 1988 and 1992. Sir, when I was sentenced in 1992 I did not have a G.E.D. I received my G.E.D. in Chicago’s county jail while waiting to go to the Illinois Department of Corrections (IDOC). I started going to college in prison. Once released in December of 1994, I achieved my Bachelor degree in General Studies with a focus on Social Science (1997) and a Master degree in Mental Health with a focus on Community Counseling (1999) from Roosevelt University in Chicago. I started my PhD program with Walden University in 1999. I will receive my PhD in Human Services with a focus on Social Policy Analysis and Planning in February of 2009.

While I was incarcerated in IDOC in 1992, I suffered racial discrimination, indifferent treatment and retaliation attempting to access the courts. I was still litigating my criminal convictions while incarcerated. When going to court from an IDOC prison in Vandalia, my legal papers were purposely taken and destroyed by IDOC personnel. The legal papers contained information against Judge Paul Foxgrover who convicted me and my personal lawyer William Swano. Paul Foxgrover was convicted of a felony 18 months after convicting me receiving a 6-year sentence, and Attorney Swano was convicted in Operation Greylord and disbarred.

I filed a civil action against IDOC for denying access to court, with the caption Fred Nance Jr. v. J.D. Vieregge, et al. The District Court denied my claims. The U.S. District Court of Appeals overruled the District Court on appeal stating “Nance has two options, which are not mutually exclusive: to seek damages in state court for the value of the photocopies as ordinary personal property; and to initiate a collateral attack or request for pardon concerning the judgment that rests on his guilty plea.” As stated above, this Appellate Court overturned the lower court’s decision dismissing my original complaint stating I had not pleaded facts showing that Vieregge acted deliberately. I did not know about this Appellate court decision until 2005. I was litigating another matter regarding “access to court” in the Federal court when through my research I found my case. I filed for clemency with Governor Blagojevich in October of 2006. Governor Blagojevich never responded to my petition for clemency.

After I filed my civil complaint against IDOC and J.D. Vieregge, IDOC transferred me from a minimum security prison to a medium security prison. I was put in segregation because I complained about my missing legal papers. I was put in segregation 2 more times bogusly for administrative reasons. I was transferred 2 more times to various Southern Illinois institutions with IDOC knowing I would not get visitation because my relatives lived in the Chicago area. My wife of 16 years was murdered on July 5, 1993 while I was incarcerated. My daughter, who was 9-years-old at the time, found my wife’s body lying in the alley behind the house where they were living. IDOC refused to let me attend my wife’s funeral and visit with my children at the funeral home.

Present matter with IDOC and EEOC:

Second, I filed 2 charges, one on April 16, 2007 and one on May 12, 2008, for employment discrimination based on race, sex, age and retaliation against the Illinois Department of Corrections (IDOC) and WestCare Foundation, Inc. (WestCare) with the Equal Employment Opportunity Commission (EEOC), which has been severely hindered and nefariously interrupted with biases and prejudices by staff of the Chicago District office of EEOC.

Facts: I applied for a counseling employment position with Gateway Foundation, Inc. (Gateway) on or about April 2005. Gateway had the State of Illinois counseling contract with IDOC at Sheridan Correctional Center (Sheridan). IDOC refused my employment and security clearance. I appealed IDOC’s decision. One of the issues for my denial of employment with IDOC was that I visited my brother while he was in prison. I was not a convicted felon when I visited my brother. In April of 2006 I was granted a security clearance to work at Sheridan.

I reported for work on May 1, 2006. On June 6, 2006 AFSCME the union had a strike at Sheridan. I tried to come to work and cross the picket line. Sheridan’s Warden Michael Rothwell denied me access to work. Warden Rothwell and a person who identified himself as an Assistant Director in Springfield informed me I could not cross the picket lines and go to work. They would not tell me why I could not cross the picket lines.

I filed for unemployment compensation. I was denied because IDOC said I was off from work because of misconduct. Upon successful appeal with the Illinois Department of Employment Security (IDES) I received my benefits. I was identified as “non-participatory” with IDES in this matter. IDES reported in its summary “…The unemployment of the “non-participatory” claimant-appellants is not due to a work stoppage caused by the labor dispute…there was one efficient cause of the claimants’ unemployment and it was not the labor dispute. It was the unilateral actions of IDOC…The actions of IDOC were a separate and the only cause of the claimant’s unemployment.” After this decision and my return to employment on September 6, 2006 I was retaliated against by IDOC personnel and the administration at Sheridan.

I suffered race, sex, and age discrimination in my job duties, promotions and job placement at Sheridan with IDOC personnel and WestCare employees. I was denied supervisory promotions several times while white and black females, younger than me, were placed in the supervisory position with less experience than I. I was discriminated against when IDOC and its staff denied me access to work while allowing white males and females, younger than me, to cross the picket lines. Yet, EEOC says I have no case. EEOC has all the documents I am sending you.

Ms. Janel Smith is the investigator on my cases with EEOC. I have complained continuously to her supervisor since filing my charges about her biases and prejudices toward me and my endeavors for EEOC to litigate my charges against IDOC and WestCare. Finally, I wrote President Bush whose office forwarded my complaint to Chicago’s District office Director, Mr. John P. Rowe, where my EEOC charge is filed. I thought Mr. Rowe would monitor the process.

These events are documented in detail on my blogs. The letter to President Bush is posted on your website. I will be posting this letter on your website. My intention by posting this issue is to demonstrate the inadequacy of EEOC and the discriminatory practices of IDOC and WestCare. Also, I believe there is an unethical and unnatural partnership between EEOC and IDOC, along with WestCare. Let us not forget about Governor Blagojevich and Illinois politics. This is real.

Sir, it is rare we find someone of your integrity and honesty. Even though you practiced law in Chicago, you did not taint your character and behavior. For that, I applaud you. Since the EEOC is a Federal entity, I plead with you for your intervention. Ms. Janel Smith informed me on Tuesday, January 27, 2009 and on Thursday, January 29, 2009, that my charges with EEOC were being terminated. On Tuesday I asked Ms. Smith did IDOC tell her why they took my security clearance. Ms. Smith told me that IDOC did not want me working at Sheridan. On Thursday Ms. Smith told me that IDOC and WestCare told her I was locked out for poor performance and misconduct. I wrote a letter to Director Roger Walker on July 30, 2008 requesting a reason for being lockout of Sheridan and my employment. Mr. Walker never answered my certified letter to him. I asked Ms. Smith did IDOC and WestCare provide written documentation for this charge against me. Ms. Smith said they sent her the same documents I gave her. What does this mean? I told Ms. Smith that WestCare sent me a letter telling me that I was terminated because IDOC locked me out. I informed Ms. Smith that I worked for WestCare and not for IDOC. Therefore, how could IDOC say that I was locked out for poor performance and misconduct?

It seems strange as I told Ms. Smith that she would call me now after I e-mailed her last week requesting status on my charges. It appears on its face that she decided as she has tried to do all of last year to dismiss my charges. Ms. Smith once told me that EEOC does not have the manpower or resources to properly address the discriminatory charges I bring before it.

Where I do I fit in this scenario? I guess I get sacrificed. I guess IDOC’s discriminatory actions continue. Sheridan’s substance abuse program is supposed to reduce recidivism. How can it promote such a charge if it is not willing to work with those who have rehabilitated themselves? It may be due to my personal rehabilitation because IDOC had nothing to do with mine. I am enclosing the following documents with this correspondence:

EEOC charges 440-2007-04512 (original and amended) & 440-2008-05507

Illinois Department of Human Rights control #s 090714051 (WestCare) & 090714051 (IDOC)

Initial letter to Rod Blagojevich dated June 6, 2006 regarding IDOC denying access to cross the picket lines at Sheridan

Illinois Department of Employment Security responses to my claim for benefits (discharge for misconduct, Labor Dispute Determination (I appealed decision), Recommended Decision after appeal, Decision of the Director of Employment Security giving me my unemployment benefits)

Termination letter from WestCare Foundation Inc.

Letter to Governor Blagojevich dated May 12, 2008

Letter to President Bush dated May 19, 2008

Letter received from EEOC Director John P. Rowe dated June 23, 2008 responding to President Bush’s letter

Letter to IDOC Director Mr. Roger Walker and Asst. Director Deanne Benos dated July 30, 2008 requesting a reason for taking my security clearance

Appellate Court decision Fred Nance Jr. v. J.D. Vieregge et al

Profile of Judge Paul Foxgrover from an Internet address http://www.ipsn.org/foxg.html

Petition for Post Conviction Relief filed by Attorney Roosevelt Thomas, my 3rd lawyer in my conviction case

Respectfully submitted,

Fred Nance Jr., ABD, MA, CADC, NCRS

cc:

President Obama’s website and Certified Mail
Mr. Patrick Quinn, Governor of Illinois (Certified Mail)
Mr. John P. Rowe, District Director, Chicago District Office (fax this letter only)http://clickforjusticeandequality.blogspot.com/
http://click.townhall.com/
http://clickforjusticeandequality.wordpress.com/
http://www.frednance.newsvine.com/

Black in America: http://www.cnn.com/SPECIALS/2008/black.in.america/

FOX NEWS ATTACKS BLACK AMERICA: http://www.youtube.com/watch?v=UY04gIruZ4E

Why Is It???
Marian Wright Edelman

Why is it that a Black Man can create a tiny piece called a filament (electric light – Lewis Latimer) that allows people to see in the dark; but can’t be seen fit to lead a country to the true light?

Why is it that a Black Man can create an instrument (clock – Benjamin Banneker) that all people use to tell time; but people don’t think it is time for him to run a country?

Why is it that a Black Man can design a place for the high authorities to meet in & a place for the President to live in (The Capitol & the White House – Phillip Reid (a slave) & Pierre L’Enfant); but not good enough to lead these meetings or live in himself?

Why is it that a Black Man was brilliant enough to do the first open heart surgery (Dr. Daniel Hale Williams) and show the world how to get and preserve plasma (Dr. Charles Drew); but not good enough to put a program in place where everyone can afford this surgery?

Why is it that a Black Man was creative enough to design an instrument (traffic light – Garrett Morgan) to bring multiple people (traffic) to a halt; but not seen creative enough to design a plan to bring all this unnecessary and worthless fighting between countries to an end?

Why is it that a Black Man could create the soles (shoes – Jan Matzeliger) that people Walk on everyday; but not seen good enough to fill the shoes of a bad president?

Why is it that a Black Man was smart enough & brave enough to teach himself (Frederick Douglas & Thomas Fuller – both slaves) and others how to read, write and/or calculate math; but not seen (as) smart enough and bold enough to calculate a platform to be President to a country that sure needs another first by us?

So you see my Brothers and Sisters what I am saying is let us not forget our past, which led us to our present and can definitely be the backbone to our future. We were good enough, smart enough, creative enough, and bold enough then, so let us all show that we are still these things and more.

We all are as strong as our weakest link, so don’t be that weak link that denies our people that chance to show we still can OVERCOME & BE THE FIRST

 

 

 

 

Anyone who denies racial stereotypes exist is living in another country, world. The reason racism exist is because we are in denial. Read Dr. Claud Anderson’s “Dirty Little Secrets: About black history, its heroes and other troublemakers”, then examine the United States treatment of blacks, and you will find racism and inequality still at its roots.

Check out this website: http://www.cnn.com/SPECIALS/2008/black.in.america/