In the matter of THE MOTOR DEALER ACT R.S.B.C.1996 C.316 and THE BUSINESS PRACTICES AND CONSUMER PROTECTION ACT S.B.C. 2004 c.2
Complainant: REGISTRAR
Licensee/Unlicensed person:
DENNIS DANIELS
Issues:
Application for licence as a salesperson
The Applicant was formerly licenced with the Authority but surrendered that licence and entered into an Undertaking in early 2009.
The allegation in the Undertaking involved the Applicant canceling consumer insurance policies and having the refunds sent to his home.
There was concern that the Applicant had been acting as a salesperson while unlicensed to do so.
The Applicant admitted to being employed at a dealership, but said he was not directly involved in sales.
Outcome:
The alleged conduct in the Undertaking was serious.
The definition of “salesperson” does not require direct interaction with a consumer. All that is necessary is to participate in any way with the “soliciting, negotiating or arranging for the sale of a motor vehicle to a person”.
There was evidence that the Applicant was acting as a salesperson while unlicensed.
The dealership placed the applicant into a position to view consumer personal and financial information while unlicensed. This was reprehensible.
It was not in the public interest to license the Applicant at this time.
The Applicant could not apply for a licence for at least three years. Any application would be assessed at that time.
