FILE NUMBER: 10-70085

HEARING DATE: May 25, 2010

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

MOTOR DEALER and/or SALESPERSON: DENNIS DANIELS (Salesperson #106422)

ISSUE:

• 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.

COMPLETE DECISION: : File 10-70085 Hearing Decision Dennis Daniels June 21, 2010

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